Terms and Conditions of Site Use

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE

 

This web site is provided by The PCTV Network and Orchard, a Pennsylvania company, (“The PCTV Network”), by using this web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes.

 

LIMITED LICENCE

 

The content of this web site, www.PCTVfarmandorchard.com (the “site”), including but not limited to the text and images displayed herein and their arrangement (collectively, the “materials”), are copyrighted by The PCTV Network. The materials on this site may not be copied, modified, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of The PCTV Network, except you may download one copy of the materials onto your computer for your personal, non-commercial use, provided you do not delete or change any copyright, trademark or other proprietary notices contained in the materials. Modification or use of the materials other than as permitted above violates The PCTV Network’s intellectual property rights. No other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify the materials, hyperlink other websites to this site, or to use The PCTV Network’s trademarks, trade names or copyrighted materials for any reason.

 

You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, The PCTV Network does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

 

DISCLAIMER

 

The materials may contain inaccuracies and typographical errors. Product specifications may not be exactly as they appear on your screen. Products pictured may not be available for purchase in all geographic areas. The PCTV Network does not warrant the accuracy or completeness of the materials, the availability of the products, or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The PCTV Network may, but shall not be required to, update the materials and/or correct any errors or omissions in any portion of the site. The PCTV Network may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

 

This site, the information and materials on the site, and the software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

 

THIRD PARTY SITES

 

As a convenience to you, The PCTV Network may provide, on this site, links to web sites operated by other entities. Any reference made by the web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by The PCTV Network. Content on the web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The PCTV Network.  If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The PCTV Network makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that The PCTV Network sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of The PCTV Network or any of its affiliates or subsidiaries.

 

EXTERNAL LINKS TO THE SITE

 

All links to the site must be approved in writing by The PCTV Network, except that The PCTV Network consents to links in which: (i) the link is a text-only link containing only the name “The PCTV Network and orchard” or “The PCTV Network”; (ii) the link “points” only to this website and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by The PCTV Network nor be such as to damage or dilute the goodwill associated with the name and trademarks of The PCTV Network or its affiliates. The PCTV Network reserves the right to revoke this consent to link at any time in its sole discretion.

 

INFORMATION PROVIDED BY YOU

 

Any personally identifiable information you may provide to The PCTV Network via this site is protected by the privacy policy associated with this site. The PCTV Network does not want you to, and you should not, send any confidential or proprietary information to The PCTV Network via the site. You agree that any information or materials that you or individuals acting on your behalf provide to The PCTV Network will not be considered confidential or proprietary. Any information that The PCTV Network receives through its website, other than your personally identifiable information covered by The PCTV Network’s privacy policy, will be deemed to be non-confidential. By providing any such information or materials to The PCTV Network, you grant to The PCTV Network an unrestricted, irrevocable, worldwide, royalty-free license to use, modify, reproduce, display, publicly perform, transmit, distribute and create derivative works of such information and materials, and you further agree that The PCTV Network is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to The PCTV Network. You further recognize that The PCTV Network does not want you to, and you warrant that you shall not, provide any information or materials to The PCTV Network that is libelous, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

 

CHANGES

 

The PCTV Network reserves the right, in its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time, without notice. Your continued use of the site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

 

The PCTV Network may terminate, change, suspend or discontinue any aspect of the The PCTV Network site, including the availability of any features of the site, at any time. The PCTV Network may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. The PCTV Network may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials in your possession or under your control.

 

COPYRIGHT AND USAGE OF CONTENT

 

The copyrights and other rights to the materials on this website, including but not limited to news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the web site (collectively, the “content”) are protected by copyright and owned, controlled or licensed by The PCTV Network, or the party credited as the provider of the content. You shall abide by all additional copyright notices, information or restrictions contained in any notice. Content accessed through the web site are owned by The PCTV Network. You are authorized to view, download and reproduce the materials at this website only for your internal information provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice:

 

© The PCTV Network & Tellisvision. All rights reserved.

 

No further publication or commercial use may be made of the materials on this website without the express written permission of The PCTV Network.

 

You may not make any part of this website available as part of another web site whether by hyperlink on the internet or otherwise. This website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the website or its content.

 

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the materials, in whole or in part.  Except as expressly provided herein, nothing in this agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of The PCTV Network or any third party.

 

SUBMISSIONS

 

All comments, feedback, suggestions, ideas, testimonials, and other submissions disclosed, submitted or offered to The PCTV Network on or by the website or otherwise disclosed, submitted or offered to The PCTV Network (collectively, “comments”) shall be and remain The PCTV Networks’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to The PCTV Network of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. The PCTV Network is and shall be under no obligation to maintain any comments in confidence or to pay to user any compensation for any comments.

 

MESSAGE

 

You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various The PCTV Network messaging services available to customers (“messages”), including, without limitation, gift certificate messages, gift messages, and messages sent when forwarding product information (send to a friend). Examples of the kinds of conduct or content that are prohibited in a message include:

 

The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation

The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or

The impersonation of any person or entity in any part of any message.

We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other The PCTV Network customers, or any third party.

 

PASSWORD SECURITY

 

If you register for an account with the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

OTHER INTELLECTUAL PROPERTY RIGHTS

 

Please note that any product, process or technology described in the materials on this website may be the subject of other intellectual property rights reserved by The PCTV Network and are not licensed hereunder.

 

Trademarks of other parties are identified wherever possible and The PCTV Network acknowledges their rights.

 

The The PCTV Network trademarks and logo may not be used in advertising or publicity pertaining to the distribution of any information in the materials from this site without the express written consent of The PCTV Network.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

The information contained in this site is provided to you “as is,” for your internal informational purposes only, without any representation or warranty of accuracy or completeness of information or other warranty of any kind, including any implied warranty of quality, merchantability, fitness for a particular purpose, or non-infringement. In no event will PCTV be liable to any party for any direct, indirect, incidental, special or consequential damages for use of this website or reliance upon any information or material accessed via it or any other hyperlinked website including, but not limited to, damages arising from loss of profits, business interruption, or loss of data, even if PCTV is expressly advised about the possibility of such damages, to the fullest extent allowable by law.

 

Anyone intending to use the products identified and described on this site or the information or specifications provided on this site concerning such products should before using the products be satisfied that the products are suitable for the intended use and meet all appropriate and applicable safety and health standards.  The products identified and described on this site will perform to any expressly indicated specifications only when properly used, and the user, not The PCTV Network, is responsible for the proper use of the products.

 

The PCTV Network reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The PCTV Network may make any other changes to the site, the materials and the products, described in the site at any time without notice. Some states do not allow the limitation or exclusion of implied warranties, so the above limitations or exclusions may not apply to you. You may have other rights, which may vary from state to state.

 

INDEMNITY

 

You agree to indemnify and hold The PCTV Network, its parents, subsidiaries, affiliates, directors, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, the use and/or misuse of the products identified and described on this site, the violation of this agreement by you, or the infringement by you of any intellectual property or other right of any person or entity.

 

INTERNATIONAL USERS AND CHOICE OF LAW

 

This site is controlled, operated and administered by The PCTV Network from its location within the United States of America. The PCTV Network makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of U.S. Export laws and regulations. If you access this site from a location outside of the united states, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the state of Pennsylvania , without giving effect to its conflict of laws provisions. Any dispute arising out of or in connection with these terms and conditions or your use of the site shall be adjudicated exclusively in the state or federal courts of the state of Pennsylvania , and you hereby consent to the personal jurisdiction and venue of such courts.

 

These terms and conditions, together with the privacy policy, constitute the entire agreement between The PCTV Network and you with respect to your use of the site. These terms and conditions may not be amended or waived without the prior written consent of The PCTV Network. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

 

CHANGES/TERMINATION

 

The PCTV Network reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement in whole or in part, at any time. Changes in this agreement will be effective when notice of such change is posted. Your continued use of the site after any changes to this agreement are posted will be considered acceptance of those changes.

 

The PCTV Network may terminate, change, suspend or discontinue any aspect of the The PCTV Network site, including the availability of any features of the site, at any time. The PCTV Network may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability. The PCTV Network may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.

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