Terms and Conditions of Use.
Welcome to Generations Broadcasting’s website (“Website”) owned and operated by GBCTV.net, L.L.C. (“owner” or “GBCTV”). It is important to us that all of our visitors have the best possible experience while using our Website, and that when you use this Website you are fully aware of our respective legal rights and obligations. Accordingly, we created these Terms and Conditions of Use as the legally binding terms that will govern your use of this Website. By subscribing to the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you will not be allowed to register for or use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully.
Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any videos, content, or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld at our discretion. You agree that you will not in any way modify, move, add to, delete from or tamper with any content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of the owner of the Website. We may take steps to prohibit access and/or use without prior notice to any such user.
Subscription Terms, Fees, and Payments
Users of the Website must be registered subscribers. The subscription price will be published on the Website at the time a subscription is purchased or renewed. Any terms and conditions applying to such subscriptions are incorporated into this Agreement. You must provide GBCTV with accurate, complete, and up-to-date registration information. As part of the registration process, you will be assigned a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on GBCTV via your account, and you must keep your account password secure. Distribution of your password to others for access to GBCTV is expressly prohibited. You must immediately notify us by the contact information shown on the Website of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. At the time of registration, you will be asked for your billing information. Billing charges will be processed immediately when your order is taken. All subscription purchases are final and not subject to refund. Prices may be changed by GBCTV at any time and any renewal of your subscription will be at the then-prevailing subscription price unless otherwise agreed by GBCTV.
Forum. The Website may include a Forum where you may be encouraged to discuss or comment on the videos posted on the Website. Any Forum will be available to subscribers subject to the following terms, policies, and guidelines. You agree, through your use of the Forum, that you are responsible for all content of your discussions and comments. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. If you believe someone else has posted material that infringes on your copyrights, notify the administrator at [email protected] and the provider will remove the material. If you believe material has been removed by mistake, notify the administrator and a review process between the affected parties will be recommended. Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted discussions and comments, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. Any posted messages/discussions express the views of the author, and not necessarily the views of the owner, its staff, or its subsidiaries. The owner reserves the right to remove any materials that it considers to be obscene, lewd, lascivious, excessively violent, or otherwise objectionable, whether or not such material is constitutionally protected. Anyone who feels that a posted comment is objectionable is encouraged to notify the owner of this forum immediately. The staff and the owner of the Forum further reserve the right to remove content within a reasonable time frame, if and when they determine removal is necessary. This is a manual process, however, please realize that they may not be able to remove particular messages/discussions immediately. This policy applies to registered user information as well.
Video and Photograph Submissions. As the Owner continues to improve and enhance the Website, subscribers may be able to submit photographs and/or subscriber-generated video (collectively “Submissions”) to the Website. If you submit Submissions to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant GBCTV and its successors or assigns (“GBCTV Parties”) a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your Submissions to the Website, as well as your name, voice, likeness, and appearance therein (if any) and the personally identifying information you provide on or in connection therewith, as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that GBCTV may or may not earn or generate through its use of your Submission.
GBCTV Parties’ Right to Use Your Submissions. You grant the GBCTV Parties the non-exclusive right to edit, blur or remove the content in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions, or versions thereof, on the Website and/or other services (in any and all media, now known or hereafter invented, including without limitation television, home video, DVD products, motions pictures, blogs, websites, mobile services, products or any other commercial promotion) of the GBCTV Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the GBCTV Parties the right to use and distribute and license others to use and distribute, your Submission in the promotion of such Website, products, and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the GBCTV Parties’ Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases, and permissions necessary for the GBCTV Parties’ use and distribution of your Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the “Elements”). You represent and warrant that (i) no licensed music or other protected materials are used in your Submission; (ii) no further permissions or fees are due for the GBCTV Parties’ use and distribution of your Submission or any Elements therein; (iii) any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third parties; (iv) you have not accepted money or other consideration from third parties for your Submission; (v) no logos or brand identifiers are visible in your Submission or, if visible, you grant to the GBCTV Parties the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Submission; and (vii) no money or other compensation is due to any person, entity, guild or union in relation to the Submission.
Acknowledgments and Release. You remain solely responsible for the content of your comments, discussions, or any other submissions or postings. FURTHERMORE, YOU AGREE TO RELEASE AND HOLD THE OWNER(S) OF THIS FORUM, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR OTHER AGENTS, HARMLESS FROM ANY DAMAGES OR CLAIMS OF EVERY KIND OR NATURE IN ANY WAY ARISING OUT OF YOUR USE OF THIS FORUM. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
Owner Rights. The design and layout of the Website are protected under U.S. copyright laws and may not be copied or imitated in whole or in part. Other elements of the Generations Broadcasting Website are protected by trade dress, trademark, unfair competition, and other laws and also may not be copied or imitated in whole or in part. No logo, graphic, sounds, or image from the Generations Broadcasting Website may be copied or retransmitted unless expressly permitted by the owner(s) of the site. All discussions, comments, and other forms of expression posted by you on Generations Broadcasting’s Website, including any Submissions, shall become the property of the owner(s) of the Website, and you irrevocably assign all of your rights, title, and interest in and to such property to the owner(s). All copyrights therein and trademarks thereof, whether or not registrable, will be owned exclusively by the owner(s) of this Website, and any use thereof shall be within the owner(s) sole discretion and shall require no consent or authorization from you as to such use.
Governing Law. This Website is created and maintained in the State of Texas, USA. As such, the laws of the State of Texas govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Texas, acknowledge that venue is only proper in the courts in Dallas County, Texas, and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to the use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
Except as expressly herein provided, the owner will never willfully sell, trade, rent, or otherwise transmit for consideration, any personally identifiable information about a user to any third party without first receiving the user’s permission.
Information Collected. The Website may include a Forum where you might be encouraged to discuss or comment on the videos posted on the Website. If you register to use the Website’s Forum, you will be asked to provide your name and email address. GBCTV reserves the right to use the information gathered by it for any and all purposes. GBCTV may sell or share names and email addresses with our affiliates or successors, and with carefully selected companies who we or our affiliates or successors think can offer you services and products of interest to you. GBCTV may also share aggregated activity or statistical information with advertisers or others, but such information shall not contain personally identifiable information. If you do not wish to have your information shared, write to us at [email protected].
Information Automatically Collected. In addition, we may automatically receive and collect certain types of information whenever you visit our Website. For example, like many websites, we may use, or in the future may use, cookies and web beacons to obtain certain types of information when your web browser accesses our website. We use this information to monitor the usage and performance of our Website, to enhance our customer service and viewing experiences, and to determine aggregate information about our user base and usage patterns. We may also use your IP address to communicate with you after you have joined the Forum. If you register for the Forum, from time to time we may use information about your preferences and interests to send updates to you about our Website, new postings, or other information that may be of interest to you. If you do not want any cookies, your web browser likely includes an option that allows you to not accept them.
Security. GBCTV will use reasonable precautions to keep the information disclosed to us secure and not to disclose such information to any third parties other than has been stated herein. Once you join our Forum, the information you post will become public information. We are not responsible for any breach of security or for any actions of any third parties that may receive the information.
For additional information, please refer to our Terms and Conditions which are incorporated herein by reference.