Terms of Use Agreement
PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER PRISONPLANET.TV PRODUCT OR SERVICE.
In accepting these terms of agreement, you are giving permission for Alex Jones Productions to charge your Credit Card or PayPal account on a recurring monthly or yearly basis, depending on the nature of your subscription. You are free to cancel your subscription at any time at which point recurring charges will cease.
Introduction; General; Ownership; Prohibitions
Notice and Procedure for Making Claims of Copyright Infringement
Community Features
Special Terms and Conditions Applicable to Sales of Products and Services; Customer Service Contact Information
Price Modifications; Merchandise and Services Availability
Customer Service
Purchasing; Price; Payment
Sales Tax
Billing and Refund Policies for Certain Services
Refund Policies for Certain Subscription Services
Notifications and Other Terms and Conditions
Access to Services and Restrictions
Votes,Contests, Sweepstakes
Linking
Disclaimer of Warranties
Limitations on Liability
Indemnification
Termination
Choice of Law; Jurisdiction; Attorneys' Fees
Miscellaneous
Acceptance of Terms of Use
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INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
Free Speech Systems LLC on behalf of PRISONPLANET.TV, is the organization that produces the Official Website of PRISONPLANET.TV (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by PRISONPLANET.TV are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other PRISONPLANET.TV controlled products or services or PRISONPLANET.TV-operated interactive media locations, will be referred to herein collectively as the "PRISONPLANET.TV Properties" and individually as a "PRISONPLANET.TV Property." By using this Website or other PRISONPLANET.TV Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the PRISONPLANET.TV Properties.
Except for Submitted Content (defined below), the PRISONPLANET.TV Properties are either owned by or licensed to PRISONPLANET.TV. The applicable owners and licensors retain all rights to the PRISONPLANET.TV Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the PRISONPLANET.TV Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the PRISONPLANET.TV Properties without first obtaining the written permission of PRISONPLANET.TV or otherwise as expressly set forth in the terms and conditions of the applicable PRISONPLANET.TV Properties. The PRISONPLANET.TV Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the PRISONPLANET.TV Properties. By using this Website or the other PRISONPLANET.TV Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the PRISONPLANET.TV Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of PRISONPLANET.TV or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other PRISONPLANET.TV Properties, imposes an unreasonable or disproportionately large load on this Website's or the other PRISONPLANET.TV Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other PRISONPLANET.TV Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects PRISONPLANET.TV business or is otherwise objectionable in PRISONPLANET.TV's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate management or employees of PRISONPLANET.TV, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other PRISONPLANET.TV Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the PRISONPLANET.TV Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), PRISONPLANET.TV has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other PRISONPLANET.TV Properties (the "Designated Agent"). All such notifications relating to this Website or the other PRISONPLANET.TV Properties must be a written communication and must include the following information:
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 PRISONPLANET.TV to locate the material.
Information reasonably sufficient to permit PRISONPLANET.TV to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted to PRISONPLANET.TV's Designated Agent as follows:
Service Provider: PRISONPLANET.TV, LLC
Address of Designated Agent to Which Notification Should Be Sent:
PO BOX 19549
Austin TX 78760
Phone Number of Designated Agent: 1-888-253-3139
E-mail Address of Designated Agent: dmca@infowars.com
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COMMUNITY FEATURES
The PRISONPLANET.TV Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, wiki, contests, games, audio and/or video submissions, message boards, Q&A; features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The PRISONPLANET.TV Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features, including but not limited to any Facebook "Like" button, on this Website is subject to the then current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
In order to participate in Community Features and/or certain other PRISONPLANET.TV Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The PRISONPLANET.TV Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable PRISONPLANET.TV Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data, and any other information you provide to PRISONPLANET.TV, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.
PRISONPLANET.TV and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although PRISONPLANET.TV and its Vendors reserve the right to do so, and neither PRISONPLANET.TV nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and PRISONPLANET.TV or between you and PRISONPLANET.TV's Vendors other than as expressly set forth in this Agreement. You acknowledge that PRISONPLANET.TV is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to PRISONPLANET.TV under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If PRISONPLANET.TV determines, in PRISONPLANET.TV's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, PRISONPLANET.TV reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other PRISONPLANET.TV Properties; and/or (d) use any technological, legal, operational or other means available to PRISONPLANET.TV to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other PRISONPLANET.TV Properties.
You are solely responsible for your interactions with other users of the PRISONPLANET.TV Properties. You may use various features of certain Community Features, including the flag feature, to report violators.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to PRISONPLANET.TV a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
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SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
Via certain PRISONPLANET.TV Properties, you can subscribe to or download audio, video, audiovisual and/or other content (collectively, "Services"). In addition, you can buy PRISONPLANET.TV and related products and services from locations other than this Website or the other PRISONPLANET.TV such as from the Infowars Shop located at http://www.infowarsshop.com or via other third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc. (collectively, "Third Party Sales Locations"). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. PRISONPLANET.TV EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR THIRD PARTY SALES LOCATION, THE MERCHANDISE OFFERED BY THE THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE PRISONPLANET.TV PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES.
The Services and all other products offered via the PRISONPLANET.TV Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
PRISONPLANET.TV reserves the right to modify the price of any Services or any other products offered via the PRISONPLANET.TV Properties. PRISONPLANET.TV is not responsible for any error in copy or images relating to Services or any other products offered via the PRISONPLANET.TV Properties. Any offer to sell any Services or any other products offered via the PRISONPLANET.TV Properties, may be discontinued at any time in PRISONPLANET.TV's sole discretion.
The Services and any other applicable products offered via the PRISONPLANET.TV Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Should you have any questions about the purchase of Services via the PRISONPLANET.TV Properties, send an e-mail to PRISONPLANET.TV Customer Support.
In order to purchase Services or any other products via the PRISONPLANET.TV Properties or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information and shipping address. Information collected via the PRISONPLANET.TV Properties may be collected and used by PRISONPLANET.TV. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase Services and/or any other products offered via the PRISONPLANET.TV Properties is subject to limits established by your card issuer. You must notify PRISONPLANET.TV immediately of any change in your credit or debit card information, including any change to your home address. PRISONPLANET.TV may bill your credit or debit card at the time the Services or any other products offered via the PRISONPLANET.TV Properties are ordered or fulfilled. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. PRISONPLANET.TV may in its sole discretion decline service to or terminate any account. Neither PRISONPLANET.TV nor any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.
By purchasing any Services or any other products offered via the PRISONPLANET.TV Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of PRISONPLANET.TV or a PRISONPLANET.TV club or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the PRISONPLANET.TV Properties, you authorize PRISONPLANET.TV to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, PRISONPLANET.TV recommends that you update it as soon as possible. Please also be aware, PRISONPLANET.TV may acquire this current information from PRISONPLANET.TV's financial services partner and update the information previously provided to us by you to include such revised payment information. For purposes of this Agreement, such financial services partner will be referred to as a "Vendor."
For certain purchases of Services or other products made via the PRISONPLANET.TV Properties, PRISONPLANET.TV is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the PRISONPLANET.TV Properties are not exempt from sales or use taxes simply because they are made from the Internet or because PRISONPLANET.TV is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether PRISONPLANET.TV is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by PRISONPLANET.TV and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by PRISONPLANET.TV in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the PRISONPLANET.TV Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
For certain Services billed on a monthly basis, the term begins when you purchase and ends thirty (30) calendar days later. Your subscription will automatically renew monthly at the full monthly price applicable at the time of purchase or at the regular full monthly price, in the event your purchase was subject to a discount or special promotion, each in accordance with the terms presented to you at the time of purchase. In the event PRISONPLANET.TV discontinues or significantly alters a Monthly Service that you have purchased with monthly automatic renewal, PRISONPLANET.TV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Monthly Services available via the PRISONPLANET.TV Properties. To cancel a subscription to a Monthly Service, send an e-mail to PRISONPLANET.TV Customer Support. Cancellation will become effective as of the next monthly billing cycle following receipt.
For certain Services billed on a yearly basis, the term begins upon purchase and ends on the anniversary date of your purchase the following year, with one-time billing immediately following your purchase ("Yearly Services"). Your subscription will automatically renew annually on the anniversary date of your initial purchase each year at the previous year's regular full yearly price, unless PRISONPLANET.TV discontinues or significantly alters the Yearly Service prior to the start of the applicable subscription renewal period. In the event PRISONPLANET.TV discontinues or significantly alters a Yearly Service that you have purchased with annual automatic renewal, PRISONPLANET.TV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Yearly Services available via the PRISONPLANET.TV Properties. To cancel the annual automatic renewal feature, send an e-mail to PRISONPLANET.TV Customer Support. Cancellation will become effective as of the next annual billing cycle following receipt.
In order to provide the highest customer satisfaction possible, PRISONPLANET.TV will refund the purchase price paid for a subscription if a refund request is made to the e-mail address or telephone number(s) provided immediately above and below within 5 days of your initial purchase or within five (5) days of any annual automatic renewal date for any Yearly Service. In no event will PRISONPLANET.TV grant you more than one (1) refund during any given calendar year or provide partial or pro-rated refunds.
Of course, should you wish to cancel your subscription at any time, you may send an e-mail to PRISONPLANET.TV Customer Support. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:
By accepting this Agreement, you agree that PRISONPLANET.TV may notify you about changes to prices and/or Services and other products by sending an e-mail message to your e-mail address on file with PRISONPLANET.TV, and by publishing such notices from time to time on the informational page(s) of the PRISONPLANET.TV Properties applicable to the Services. It is your responsibility to notify PRISONPLANET.TV of any change in your e-mail address by logging in to the applicable PRISONPLANET.TV Properties and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or PRISONPLANET.TV Property, the terms and conditions of the applicable Service or PRISONPLANET.TV Property will govern.
Programming, pricing, terms and conditions of Services and other products offered via the PRISONPLANET.TV Properties are subject to availability and change. Certain Services and other products offered via PRISONPLANET.TV Properties other than this Website, including downloadable wireless applications, may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies, which terms may be in addition to the terms contained herein. Please refer to the terms and conditions of such Services or PRISONPLANET.TV Properties to determine the policies applicable for such other PRISONPLANET.TV Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, other product or PRISONPLANET.TV Property, the terms and conditions of the applicable Service, other product or PRISONPLANET.TV Property will govern.
Subscription activation for Services and other products offered via the PRISONPLANET.TV Properties, and subsequent ability to access Services and other products offered via the PRISONPLANET.TV Properties, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by PRISONPLANET.TV (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber.
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VOTES; CONTESTS; SWEEPSTAKES
This Website and other PRISONPLANET.TV Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable PRISONPLANET.TV Properties applicable to the event as well as the terms of this Agreement.
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LINKING
This Website and the other PRISONPLANET.TV Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or PRISONPLANET.TV Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Providers of any such third party website or content. PRISONPLANET.TV is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
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DISCLAIMER OF WARRANTIES
USE OF THIS WEBSITE, ALL OTHER PRISONPLANET.TV PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY PRISONPLANET.TV AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER PRISONPLANET.TV PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PRISONPLANET.TV DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER PRISONPLANET.TV PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER PRISONPLANET.TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER PRISONPLANET.TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER PRISONPLANET.TV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
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LIMITATIONS ON LIABILITY
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE PRISONPLANET.TV PROPERTIES OR ANY ACT OR FAILURE TO ACT BY PRISONPLANET.TV OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
IN NO EVENT SHALL PRISONPLANET.TV BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER PRISONPLANET.TV PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF PRISONPLANET.TV IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER PRISONPLANET.TV PROPERTIES IS $50.
IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER PRISONPLANET.TV PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
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INDEMNIFICATION
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other PRISONPLANET.TV Properties, any products and/or Services purchased via this Website or the other PRISONPLANET.TV Properties; or (B) any alleged breach of this Agreement by you.
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TERMINATION
PRISONPLANET.TV may change, suspend or discontinue any aspect of this Website or the other PRISONPLANET.TV Properties at any time, including the availability of any product, Service, feature, database or content. PRISONPLANET.TV may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the PRISONPLANET.TV Properties without notice or liability at any time in PRISONPLANET.TV's exclusive discretion, without prejudice to any legal or equitable remedies available to PRISONPLANET.TV, for any reason or purpose, including, but not limited to, conduct that PRISONPLANET.TV believes violates this Agreement or other policies or guidelines posted on this Website or via the other PRISONPLANET.TV Properties or conduct which PRISONPLANET.TV believes is harmful to other customers, to PRISONPLANET.TV's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by PRISONPLANET.TV in its sole discretion. In addition and without prejudice to any other remedy available to PRISONPLANET.TV, PRISONPLANET.TV may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by PRISONPLANET.TV in the PRISONPLANET.TV Properties.
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CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Travis County, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. PRISONPLANET.TV will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
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MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. PRISONPLANET.TV in its sole discretion may amend this Agreement, and your use of this Website or the other PRISONPLANET.TV Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
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ACCEPTANCE OF TERMS OF USE
BY USING THIS WEBSITE AND/OR THE OTHER PRISONPLANET.TV PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other PRISONPLANET.TV Properties. PRISONPLANET.TV may change the terms of this Agreement at any time, and your use of this Website and/or the other PRISONPLANET.TV Properties after such changes are posted will mean that you accept them.
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