B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version Terms of Use. FiliTV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. FiliTV Website
A. These Terms of Service apply to all users of the FiliTV Website, broadcasters, viewers, information, and other materials or services on the Website. The FiliTV Website includes all aspects of FiliTV, including but not limited to FiliTV Networks, TV channels, radio channels, the FiliTV player, and the FiliTV uploader.

B. The FiliTV Website may contain links to third party websites that are not owned or controlled by FiliTV. FiliTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FiliTV will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve FiliTV from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the FiliTV Website and to read the terms and conditions and privacy policy of each other website that you visit.

B. Although FiliTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FiliTV or others due to such unauthorized use.

A. You agree not to distribute in any medium any part of the Website, including but not limited to Content (defined below), without FiliTV's prior written authorization.

B. You agree not to alter, copy, or modify any part of the Website, including but not limited to FiliTV's uploader and Player or any of its related technologies.

C. You agree not to access Content (defined below) or FiliTV Content through any technology or means other than your account pages, or other explicitly authorized means FiliTV may designate.

D. You agree not to use the Website, including the FiliTV for any commercial use, without the prior written authorization of FiliTV. Prohibited commercial uses include any of the following actions taken without FiliTV's express approval:

• Sale of access to the Website or its related services on another website;
• Use of the Website or its related services (such as the player), for the primary purpose of gaining advertising or subscription revenue;
• The sale of advertising, on the FiliTV website or any third-party website, targeted to the content of specific TV programming submissions or FiliTV content;
• And any use of the Website or its related services that FiliTV finds, in its sole discretion, to use FiliTV's resources or viewers submissions with the effect of competing with or displacing the market for FiliTV, FiliTV content, or its broadcasters and viewers Submissions. (For more information about prohibited commercial uses, see our FAQ.)

E. Prohibited commercial uses do not include:

• Uploading an original content to FiliTV, or maintaining an original channel on FiliTV, to promote your business or artistic enterprise;
• Using the Player to show FiliTV programs on an ad-enabled blog or website, provided the primary purpose of using the Player is not to gain advertising revenue or compete with FiliTV;
• Any use that FiliTV expressly authorizes in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

F. If you use the FiliTV player on your website, you must include a prominent link back to the FiliTV website on the pages containing the player and you may not modify, build upon, or block any portion of the Player in any way.

G. If you use the FiliTV uploader, you agree that it may automatically download and install updates from time to time from FiliTV. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FiliTV to deliver these to you) as part of your use of the uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the FiliTV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FiliTV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FiliTV reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Submissions.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, FiliTV Guidelines, and all applicable local, national, and international laws and regulations.

J. FiliTV reserves the right to discontinue any aspect of the FiliTV Website at any time.

K. FiliTV reserves the right to discontinue and close your account for any violation at any time

A. The content on the FiliTV Website, except all Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FiliTV, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FiliTV reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Content solely:

• For your information and personal use;
• As intended through the normal functionality of the FiliTV Service; and
• For legal and authorized Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the FiliTV Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Content for any purpose or in any manner other than Streaming is expressly prohibited. Content are made available "as is."

C. Viewer Comments are made available to you for your information and personal use solely as intended through the normal functionality of the FiliTV Service. Viewer Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the FiliTV Service or otherwise as prohibited under this Agreement.

D. You may access FiliTV Content only as permitted under this Agreement. FiliTV reserves all rights not expressly granted in and to the FiliTV Content and the FiliTV Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the FiliTV Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FiliTV Website or the Content therein.

G. You understand that when using the FiliTV Website, you will be exposed to Content from a variety of sources, and that FiliTV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FiliTV with respect thereto, and agree to indemnify and hold FiliTV, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

B. You shall be solely responsible for your own Content and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize FiliTV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Submissions. However, by submitting Content to FiliTV, you hereby grant FiliTV a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the FiliTV Website and FiliTV's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the FiliTV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FiliTV Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in Content terminate within a commercially reasonable time after you remove or delete your Content from the FiliTV Service. You understand and agree, however, that FiliTV may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Viewer Comments are perpetual and irrevocable.

D. In connection with Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FiliTV all of the license rights granted herein.

E. You further agree that you will not, in connection with Submissions, submit material that is contrary to the FiliTV Community Guidelines, found at http://www.FiliTV.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. FiliTV does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and FiliTV expressly disclaims any and all liability in connection with Submissions. FiliTV does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FiliTV will remove all Content and Content if properly notified that such Content or User Submission infringes on another's intellectual property rights. FiliTV reserves the right to remove Content without prior notice.

G. Due to the potential risks of Flash content, you furthur agree to be responsible for any damage your content may cause as a result of malware embedded in it.

B. FiliTV reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, extreme, or excessive length. FiliTV may remove such Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Email FiliTV's designated Copyright Agent to receive notifications of claimed infringement at copyright@filitv.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, (copyright@filitv.com) FiliTV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FiliTV's sole discretion.

9. Warranty Disclaime
YOU AGREE THAT YOUR USE OF THE FILITV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FILITV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FILITV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FILITV WEBSITE. FILITV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FILITV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FILITV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability
IN NO EVENT SHALL FILITV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FILITV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FILITV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by FiliTV from its facilities in the United States of America. FiliTV makes no representations that the FiliTV Website is appropriate or available for use in other locations. Those who access or use the FiliTV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FiliTV without restriction.

14. General
You agree that: (i) the FiliTV Website shall be deemed solely based in California; and (ii) the FiliTV Website shall be deemed a passive website that does not give rise to personal jurisdiction over FiliTV, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and FiliTV that arises in whole or in part from the FiliTV Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by FiliTV on the Website, shall constitute the entire agreement between you and FiliTV concerning the FiliTV Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FiliTV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FiliTV reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the FiliTV Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FILITV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FILITV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.