1. ACCEPTANCE OF TERMS
Welcome to TOTAL PICTURE INC, DBA TOTAL PICTURE RADIO. TOTAL PICTURE MEDIA provides this website service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time using the "Terms of Service link on the TOTAL PICTURE MEDIA Menu. In addition, when using particular TOTAL PICTURE MEDIA website services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TOTAL PICTURE MEDIA currently provides users with access to on-line resources, including recorded interviews, online forums, and career counseling, and job listings content (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TOTAL PICTURE MEDIA properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TOTAL PICTURE MEDIA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TOTAL PICTURE MEDIA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TOTAL PICTURE MEDIA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TOTAL PICTURE MEDIA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. For your convenience, it is possible to set an "automatic login," however this feature should only be use on your personal computer, NOT on a public, or shared PC. TOTAL PICTURE MEDIA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TOTAL PICTURE MEDIA, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. TOTAL PICTURE MEDIA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TOTAL PICTURE MEDIA be liable in any way for any Content, including, but not limited to, for 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, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, profane, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TOTAL PICTURE MEDIA official, a TOTAL PICTURE MEDIA member, another website user or any other person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights ("Rights") of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except for job listings in those website areas that are designated for such purpose;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any federal, state or other regulatory or quasi-governmental body, and any other the U.S. Securities and Exchange Commission, or any state securities regulatory body, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users. You acknowledge that TOTAL PICTURE MEDIA does not pre-screen Content, but that TOTAL PICTURE MEDIA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TOTAL PICTURE MEDIA and its
- designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TOTAL PICTURE MEDIA or submitted to TOTAL PICTURE MEDIA, including without limitation information in TOTAL PICTURE MEDIA Message Boards, and in all other parts of the Service.
You acknowledge and agree that TOTAL PICTURE MEDIA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TOTAL PICTURE MEDIA, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that TOTAL PICTURE MEDIA will not be responsible for any damage resulting from the failure of any such transmissions, connecting networks or devices, or any other system failure of any kind.
7. USE OUTSIDE OF UNITED STATES
You agree to comply with all local rules regarding online conduct and acceptable Content. Further, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. PUBLIC CONTENT POSTED TO WEBSITE
- For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include TOTAL PICTURE MEDIA Message Boards.
- With respect to Content you elect to post for inclusion in publicly accessible areas of the website or to any other area of the Service, you grant TOTAL PICTURE MEDIA the world-wide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold TOTAL PICTURE MEDIA, and its subsidiaries, affiliates, officers, agents, affiliated entities or partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TOTAL PICTURE MEDIA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number of message board postings that may be posted by you, the maximum size of any message board postings, the maximum disk space that will be allotted on TOTAL PICTURE MEDIA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TOTAL PICTURE MEDIA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TOTAL PICTURE MEDIA reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that TOTAL PICTURE MEDIA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
TOTAL PICTURE MEDIA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TOTAL PICTURE MEDIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service.
You agree that TOTAL PICTURE MEDIA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if TOTAL PICTURE MEDIA believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TOTAL PICTURE MEDIA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TOTAL PICTURE MEDIA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TOTAL PICTURE MEDIA shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH SPONSORS/ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors or advertisers found on or through the Service and any job opportunity listings or offerors, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, advertiser or offeror. You agree that TOTAL PICTURE MEDIA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, advertisers, or offerors on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TOTAL PICTURE MEDIA has no control over such sites and resources, you acknowledge and agree that TOTAL PICTURE MEDIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TOTAL PICTURE MEDIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. TOTAL PICTURE MEDIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and necessary software used in connection with the Service and provided by TOTAL PICTURE MEDIA ("Software"), if any, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TOTAL PICTURE MEDIA or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part"
TOTAL PICTURE MEDIA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software, if any, on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TOTAL PICTURE MEDIA for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTAL PICTURE MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TOTAL PICTURE MEDIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOTAL PICTURE MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTAL PICTURE MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOTAL PICTURE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. INVESTOR/USER CAUTION
If you receive or request any job opportunity listings, news, messages, alerts or other information from the Service, you expressly ratify and reaffirm the terms of Sections 17 and 18 above. The Service is provided for informational purposes only. TOTAL PICTURE MEDIA shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any investment decisions made based on such information.
Notices to you may be made via either E-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
TOTAL PICTURE MEDIA, the TOTAL PICTURE MEDIA logo, and trademarks and service marks, and other TOTAL PICTURE MEDIA logos and product and service names are trademarks of TOTAL PICTURE MEDIA PRODUCTIONS, INC. (the "TOTAL PICTURE MEDIA Marks"). Without TOTAL PICTURE MEDIA's prior permission, you agree not to display or use in any manner, the TOTAL PICTURE MEDIA Marks.
24. VIOLATIONS OF TERMS
The TOS constitute the entire agreement between you and TOTAL PICTURE MEDIA which govern your use of the Service, superseding any prior agreements between you and TOTAL PICTURE MEDIA regarding same. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TOTAL PICTURE MEDIA shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TOTAL PICTURE MEDIA agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The failure of TOTAL PICTURE MEDIA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience of reference only and shall have no legal effect.