Terms Of Service
Terms of Service
These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of The Golden Opportunity Web site located at www.tgo.tv / and the services and materials offered thereon (the "Service") which are offered to you by The Golden Opportunity ("TGO"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
Restrictions on Use:
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at www.tgo.tv (the " TGO Site") using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, video content, links to other Web sites and other computer services that TGO may decide to offer, subject to the terms hereof. TGO may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,
- Restricting the time of availability,
- Restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems),
- Restricting the amount of use permitted, and
- Restricting or terminating any User's right to use all or part of the Service, at any time in TGO's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by TGO and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by TGO and other sources. Such material is protected by copyright, trademark, and other alililicable laws. You may not modify, copy, reliroduce, republish, upload, liost, transmit,publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material").
Membership Rules and Guidelines
- The Service is currently provided for free. TGO reserves the right to change the nature of this relationship at any time.
- Should TGO provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify TGO of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
- TGO may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by TGO, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, TGO may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.
iv. Rules for Use of the Service
- Conduct Required for Use of the Service
- Restrict or inhibit any other user from using and enjoying the Service;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity as herein defined;
- post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
- post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);
- post or transmit any information, software or other material that contains a virus or other harmful component;
- post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
- post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
- solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- Resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
- disguise a file type to thwart TGO's detection processes;
- post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page;
- submit to Live Directory more than one URL for a single category;
- update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or
- attempt to gain unauthorized access to other computer systems or networks connected to the Service. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. TGO, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
a. It is a condition of your use of the Service that you do not:
By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting TGO a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of TGO.
vii. Content on the Service
Communications posted through the Service are provided by users such as you who are unaffiliated with TGO, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not TGO, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by TGO, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will TGO be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
- DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any TGO Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration)..
- Cooperation; Removal of Submissions:
- Your User Submissions and Conduct
As a TGO account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, TGO does not guarantee any confidentiality with respect to any User Submissions.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a TGO Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any TGO Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TGO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to TGO, you hereby grant TGO a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TGO Website and TGO's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TGO Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TGO Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the TGO Website. You understand and agree, however, that TGO may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
- In connection with User 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 TGO all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the TGO Community Guidelines, found within this document and at http://tgo.tv/community.php; which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- TGO does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TGO expressly disclaims any and all liability in connection with User Submissions. TGO does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TGO will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TGO reserves the right to remove Content and User Submissions without prior
- TGO reserves the right to disqualify, at it's sole discretion, an idea if the idea or intent runs counter to the spirit of tgo.tv and it's ethics, policies and codes and standards.
- A single, or substantially similar, idea may only be submitted one time to TGO and/or any contest related to TGO. The determination of two or more ideas being a single or same idea will be assessed by TGO. A single individual may not receive more than one TGO package.
- A single individual may only register once on the TGO site using a single email account. An individual registering under multiple email addresses, as determined by tgo.tv at it's sole discretion, may be disqualified from voting, idea submissions and any activity granted to TGO registrants, all at tgo.tv's sole and unfettered discretion. A single individual may not vote for a single or substantially similar idea more than one time. An individual may not use multiple email accounts to vote for a single or same idea more than one time.
viii. Personal Safety
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel comfortable.
The Golden Opportunity Website
- These Terms of Service apply to all users of the TGO Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Golden Opportunity Website includes all aspects of TGO, including but not limited to all products, software and services offered via the website such as the TGO video content, uploading capabilities, the TGO video player, the TGO conversion/uploading tool and other applications.
- The Golden Opportunity Website may contain links to third party websites that are not owned or controlled by TGO. TGO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TGO will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TGO from any and all liability arising from your use of any third-party website.
Account Termination Policy
TGO will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
TGO 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, or excessive length. TGO may remove such User Submissions 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.
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of any TGO Site that offers the opportunity for users to Distribute Submissions for viewing by one or more TGO Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any TGO Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
Claims of Copyright infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: The Golden Opportunity
Full Address of Designated Agent to Which Notification Should be Sent: 10100 Santa Monica Blvd., Suite 300, Los Angeles, CA 90067
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of 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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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; and
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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any TGO Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which TGO may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.