Terms of use
These Terms of Use are effective on February 1, 2012 for all users who register or using any of the TBOGO services on any of the sites. It is important to accept the Terms and conditions described in this Terms of Use.
1. Description of TBOGO Service and Acceptance
TBOGO.com
(“we” or “us”) provides an online video service offering a selection of television shows, movies, clips, and other content(collectively, “TBOGO Content”) available on the TBOGO.com website. Our video service, the Content, our video player and any other features, applications, materials or other services offered from time to time by TBOGO in connection with its business are referred to collectively as the “TBOGO Services.” The content is available for permissible viewing on or through the following (collectively, the “Properties”):
The TBOGO.com website;
TBOGO’s affiliate and distributor websites;
Other websites where users or website operators are permitted to embed the video player; and
TBOGO authorized applications, features or devices.
Use of the TBOGO Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use and any end user license agreement that might accompany a TBOGO application, feature or device.
Certain TBOGO Services are provided to you free-of-charge. There are some other TBOGO Services that, if you would like to accessing, will request payment by you. The TBOGO Services that may be accessed after payment are referred to currently as “For Fee Services.” There is certain information in these Terms that relate only to For Fee Services, and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to any For Fee Services, then please familiarize yourself with Section 5, in addition to all of the other provisions in these Terms (please note that references to “TBOGO Services” throughout this Terms of Use are include For Fee Services). If you do not subscribe to any For Fee Services, then Section 4 does not apply to you.
It is our pleasure to provide the TBOGO Services for your entertainment in accordance with these Terms of Use. To access the TBOGO Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the TBOGO Site or using any of the TBOGO Services (including any Content), you are agreeing to these Terms. If you do not accept these terms, you must stop using the Services immediately. If you instead decide to use our service, it will mean that you accept these terms and they will be legally binding. It is our goal to provide you with superb experience, so if you have any questions or comments about these terms, please contact us at: info@tbogo.com
2. Changes to the terms of use
TBOGO reserves the right with or without notice to you, to change these Terms of Use in our sole and absolute discretion. You are considered to have agreed to such changed Terms of Use by visiting TBOGO.com or using any TBOGO Services on or after the effective date of any such changes. Therefore, it is important for you to read and understand any changes to the Terms of Use.
3. Access and Use of the TBOGO Services
(a) Age Limitations
You must be at least 13 years of age to register for the TBOGO or use any feature of the TBOGO Service that requires registration. In order to subscribe to For Fee Services and other Content, you must be at least 18 years of age. Please note for those under 18 years of age, if your parent or guardian subscribes to any For Fee Service and authorizes you to access his or her account then you will not be able to access all of the Content offered as part of the For Fee Service if you have been informed during the registration process for the account that the primary user of such account will be under 18 years of age. Parents and guardians and users under the age of 18 must review these Terms with each other to make sure that each understands and agrees with them. You represent that you are at least 13 years of age if you are registering an account, and, if you are a For Fee Service user, that you are at least 18 years of age or you have received consent from your parent or guardian to access his or her account.
(b) Accounts and Registration
Users of TBOGO website can become a member of TBOGO by registering with the website and use it as an individual and in accordance with the Terms of Use. Members agree to provide accurate and updated personal information along with their credit card information for purchase and use of the TBOGO Service. TBOGO can restrict a member’s use of the TBOGO Service if the information is inaccurate and unreasonable. Members are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that members shall not share their personal ID or password with or to any other person. TBOGO is not responsible for any damages from any such sharing or disclosure. Members agree that they will not use the Content for commercial purpose under any circumstances. We reserve the right to immediately terminate your account or your use of the TBOGO Services at any time without notice or liability, if TBOGO determines in its sole discretion that you have violated this Terms of Use, or any regulation, engaged in other inappropriate conduct.
(c) License
TBOGO hereby grants you a limited, non- exclusive, non-transferable license to access the TBOGO Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video player. TBOGO owns and retains all rights to the TBOGO Services. Members understand and agree to the notion that the use of programs and Content does not mean transfer of ownership. Linking to the website should be discussed with TBOGO.com in advance. Users agree that change and modification of the Content is the violation of copyright of TBOGO. Members will be legally responsible for any problem if they use any part of the TBOGO Service, Content or other related video clips without written consent from TBOGO as it is considered a copyright violation.
(d) The Content
You may view the Content only for your own personal, non-commercial purpose, and you shall not copy and/or distribute the Content or any portion illegally and are responsible for any problem caused by such illegal activities. You may not modify or transfer the Contents, or any copy thereof, in whole or in part. Copy or distribution of TBOGO Content is strictly prohibited unless you have obtained the prior written consent of TBOGO in each instance or unless it is expressly permitted by TVGOGO in writing. Furthermore, you may not create, distribute or advertise an index of any significant portion of the Content and build a business utilizing the Content whether or not for profit unless authorized by TBOGO in writing. In addition, you are strictly prohibited from creating derivative works, or materials that derived from or based on in any way the TBOGO Content unless it is permitted by TBOGO on a Site. There may be errors in delivering and converting the Content. TBOGO is not responsible for any loss or damage from such errors. Members might find some of the Content and the reviews from other members personally uncomfortable. It is member’s sole discretion whether to use such Content, and it is the members who are responsible for using it.
The Content made available to You is protected by copyright laws and other applicable laws; (ii) that the Content is made available to You solely for your personal, private, non-transferable, non-commercial, limited use; (iii) that You will not reproduce, distribute, display, perform, or engage in any other use of the Content; and (iv) that You will not modify, adapt, or create any derivative works based upon the Content or any part thereof. In the event You fail to do abide these agreements, You shall indemnify, defend and hold us harmless from and against all claims, actions, liabilities, losses, damages, expenses, and costs that may be incurred by or asserted against us as a result of such failure.
You are also prohibited from (i) viewing the Content on any devices other than personal computers, (ii) downloading the Content onto any devices other than personal computers, or (iii) otherwise doing anything that is outside the scope of the license granted to You hereunder.
The license granted to You herein is limited to the territory only. You may not distribute or offer to distribute the Content to anyone outside the territory.
(e) Suspension
TBOGO.com reserves the right to change, suspend, or discontinue temporarily or permanently some or all of the TBOGO Services at any time without prior notice or liabilities. TBOGO can restrict the use of specific functions or the access to part or the entire website or cancel membership if it decides that the member has violated these Terms of Use at any time without notice and TBOGO is not legally responsible for any possible loss or damage due to such change or suspension.
4. Your Obligations
You must use the TBOGO Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical.
Violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights; uses technology or other means to access the TBOGO Services that is not authorized by TBOGO; introduces viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; attempts to damage, disable, overburden, impair or gains unauthorized access to the TBOGO Services, computer network or user accounts; use the TBOGO Services to advertise or promote services that are not approved in advance in writing by TBOGO; attempts to collect personally identifiable information in violation of TBOGO’s Privacy Policy; violates these Terms, guidelines or any policies posted on the TBOGO site.
If TBOGO determines that you are violating any of these Terms, we may notify you, and use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any services in TBOGO.
5. Payment/Billing
You are agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase to the credit card or other payment method accepted by TBOGO that you provided during registration. If your payment method expires and you do no update your payment method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. The subscription fee will be charged at the moment you make a payment based on your TBOGO payment options below.
For fee Services for content may be provided in TBOGO’s discretion in accordance with any one or more of the following; (a) Pay-per-point use Service: You can download contents by paying pre-determined fees equal to the amount of points; (b) Monthly flat rate Service: You can download contents by paying pre-determined fees. TBOGO can provide its Content as flat fee package based on monthly categories (30 days, 60 days, 90 days) or other rules determined by TBOGO from time to time; (c) Monthly recurring fee Service: We charge your payment daily by end of the month and payment will recurring at the first of month. After first month of your payment, we will charge you two more months which means three months minimum use. If you change your payment method, this could result in changing the calendar day upon which you are charged. You acknowledge that the amount charged each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
Other Conditions for Fee Services
All fees and charges are not refundable once purchased and are subject to change without prior notice. Members must provide correct information about their accounts and transactions for identity verification and billing. Incorrect information may lead to the restriction of the member’s right to use TBOGO Services, and the member who provided such information is responsible for any loss or problem. Members agree to protect their privacy by informing TBOGO.com of any suspicion of personal ID, password and/or any registration information as soon as they are aware of such suspicion. Members are solely responsible for any damages and/or losses and not share their information with others.
Cancellation
You must cancel your subscription before it renews each month in order to avoid the next month’s billing. It is important that each user of the TBOGO Service honor the payment obligations to which the user agreed. We reserve the right to terminate your account for excessive usage, account sharing, resale or any or no reason. TBOGO can also suspend or cancel membership if it decides that the member has violated these Terms of Use.
6. Linked Websites and Advertisement
You acknowledge that TBOGO is not responsible for the content or practices of any other website, even if it links to the TBOGO Site and even if the website is operated by a company affiliated or otherwise connected with TBOGO. By using the TBOGO Services, you agree that TBOGO is not responsible or liable to you for any content or other materials served from any website. TBOGO takes no responsibility for advertisements or any third party material posted on any of the sites, nor does it take any responsibility for the products or services provided by advertisers.
Copyright
You have to acknowledge that any Content, user material of the website are owned by TBOGO, license holders and/or content providers. Any type of copyright infringement, such as illegal duplication and distribution of Content may result in legal action.
Trademark
TBOGO, the TBOGO logo, TBOGO.com website and all other relevant trademarks are owned by TBOGO or each license holder. None of the TBOGO trademarks may be copied, downloaded without TBOGO’s prior written agreement.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
YOU AGREE THAT USE OF THE TBOGO SERVICES IS AT YOUR OWN RISK. THERE MIGHT BE GENERAL RISK FACTORS SUCH AS COMPUTER VIRUSES OR SYSTEM FAILURES, BUT TBOGO IS NOT RESPONSIBLE FOR ANY OF THEM. TBOGO SERVICES, ICLUDING THE TBOGO SITE AND THE OTHER SITES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL TBOGO OR ITS AFFILIATES, CONTENT PROVIDERS AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLYEES, AGENTS AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, SONSEQUENTIAL OR OTHER DAMAGE (INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE TBOGO SERVICES(INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE TBOGO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES OR JURISDICIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE TBOGO AND ITS RELATED COMPANIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’S FEES AND COSTS) AND OTHER LOSSES. MEMBERS SHALL FULLY COOPERATE WITH TBOGO IN SUCH EVENTS.
General Information
TBOGO’s goal is to bring you as much Content as is legally available. We are limited by the rights that our content licensors grant to us. Accessing the TBOGO Content from territories where TBOGO does not have rights is prohibited. These Terms of Use shall be governed by and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California for any claim by you against TBOGO. These Terms of Use constitutes the entire legal agreement between you and TBOGO and governs your use of the TBOGO Services. Any previous discussions or agreements are not legally binding and these Terms of Use prevail over any previous written, verbal notice between members and TBOGO.
Miscellaneous
TBOGO is managed by Fore Media Inc. whose office is located in the State of California, United States of America. Fore Media Inc. is not responsible for the legality of the TBOGO Service in the regions other than North America. Members who use the Service outside of North America are responsible for any problem, including legal matters which can be cause by their use of the TBOGO Service.
TBOGO may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use. Therefore, it is important you read these Terms regularly to ensure you are familiar with the Terms.