Terms of  Use

COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS

The contents of this Site, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the “Material”), are the property of FLEMO TV (Pixeworks, LLC) and/or its subsidiaries, affiliates, assigns, licensors, the Site’s design, hosting, programming and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers”) and respective owners. The Material is protected, without limitation, pursuant to copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws for each territory consumed respectively.

You are authorized to download and view selected Material presented on the Site solely for your personal, noncommercial use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, CSS, PHP, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website.

Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Without the prior written permission of FLEMO TV, you agree not to display or use in any manner, the Site’s trademarks, including without limitation, domain names, and slogans.

ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to FLEMOTV.com™ (“Site,” “us” or “we”).

This site is owned and operated by Pixeworks, LLC (“Owner and Operator”).

Unless specified otherwise on the Site, users are free to access or participate, or consume content presented on our Site. By your participation in our Site, you certify that you have met any other eligibility requirements of the Site and have permission by a Parent of Legal Guardian if you are under the age of 18 years.

This page states the terms and conditions forming the agreement under which you may use this Site. Please read this page carefully. If you do not accept this Terms of Use Agreement (“Agreement”), please do not use this website. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site provides rules of participation (“Rules of Participation”) for certain activities and services including, but not without limitation and loyal user. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of service or feature, you will still be bound by your obligations under this Agreement, any Additional Terms, or Rules of Participation, including any indemnifications, warranties, and limitations of liability. The Site’s Additional Terms, Privacy Policy, and the Rules of Participation are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules of Participation for the activity in which you choose to participate, this Agreement shall govern.

FLEMOTV.com™ may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review the Agreement, because they are binding on you. The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

DISCLAIMER

The thoughts, opinions, and overall commentary presented on this site are not necessarily the views of FLEMO TV.  Not All information presented on this site may be 100% accurate.

All Media including photos, videos, audio, and all other downloadable media are copyrighted to their respective owners. Our use of artwork, music, photos of public figures, celebrities, places etc, fall under the “fair use” Act of the U.S. copyright statute. No copyright infringement intended.  

Should a violation occur, please report it ASAP to info@flemotv.com.

Downloads such as photos, artwork, videos, audio, etc. are copyrighted to their respective owners. FLEMOTV.com does not claim full ownership/copyright to some media posted on this site unless stated. The files themselves are hosted by private or public third-parties. We do not DIRECTLY host some of the content on our servers.

The content provided by FLEMO TV is geared towards entertainment, educational and promotional uses. We do not encourage copyrighting of any kind. You should support the Artists, the Producers, the Filmmakers and Legal owners of any work. If you enjoy their artwork, music, video, article, we highly encourage you to acquire original copies to support the creators of such work.

COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS

FLEMOTV.com prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you must provide our DMCA Copyright Agent with a written notification:

1. An electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the notification.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
3. Identification of the copyrighted work claimed to have been infringed 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.
4. Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
5. A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6. 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 copyright right that is allegedly infringed.

This Site’s DMCA Copyright Associates for receiving claims of copyright infringement is:

Pixeworks, LLC Maryland, USA

email: Info[at]flemotv[dot]com

The above email is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance.

USER CONDUCT

This Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials (“Postings/Comments”). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Users may not: 1) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 2) post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; or post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.

The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings/Comments by users and does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings/Comments by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting/Comments or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.

You also grant the Site, its owner and operator, parent company(s), affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

EMAIL

Email is an important communications channel for FLEMO TV. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. We are also required under Federal law to keep and disclose to the general public certain email that addresses FLEMOTV.com. Please see our Privacy Policy for details.

Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by FLEMO TV, this Site and corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.

ADVERTISING AND OTHER THIRD PARTY CONTENT

This Site provides banner and general advertising, and other content provided by our Advertisers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by FLEMO TV (Pixeworks, LLC) of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between the Advertiser and the user. Your further agree that the Site is not responsible for upholding any applicable terms, conditions, representations of warranties made by Advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.

HYPERLINKS TO THIRD PARTY WEBSITES

This Site often provides links to third party websites and other resources that could be of interest to our users, including the websites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by FLEMO TV, advertising or business practices (including the privacy policies) of such third party websites, whether FLEMOTV.com’s logo or sponsorship identification is on the third party website, or whether the Site conducts “framing,” which allows a user to access several webpages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, parent company(s), corporate affiliates, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.

SHOPPING & E-COMMERCE

This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site.

PRIVACY POLICY

All Personal Information, Sensitive Personal Information, and any additional type of information collected from users in general are subject to our Privacy Policy, which is incorporated by reference into this agreement.

You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of FLEMO TV, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users and members of the public.

MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SITE

The Site reserves the right, at its sole discretion and at any time, to modify or discontinue the service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the Site.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You understand, acknowledge, and agree to defend, indemnify, and hold harmless FLEMOTV.com, our parent company(s), corporate affiliates, successors and assigns, Advertisers, suppliers and operational service providers and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Site from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Site, your use of the Site, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Site in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with FLEMO TV (Pixeworks, LLC) in asserting any available defenses.

The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.

IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF WARRANTIES

THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

USER TERMINATION

The Site reserves the right, at its sole discretion, to terminate your membership or registration at any time, delete any or all of your Postings/Comments, or block access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.

GENERAL AND CONTACT INFORMATION

No changes to this Terms and Use Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

If you have any questions regarding this Agreement, please contact the Site’s Privacy Administrator via email at info[at]flemotv[dot]com.

This Terms of Use Agreement was last updated on November 6, 2011 and is effective immediately.

© 2010 FLEMOTV.com™. All Rights Reserved.