1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the tuneNow.com domain name, the "tuneNow Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF tuneNow'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.tuneNow.com/tv/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the tuneNow Website.

2. tuneNow Website

These Terms of Service apply to all users of the tuneNow Website, including users who are also contributors of video content, information, and other materials or services on the Website. The tuneNow Website may contain links to third party websites that are not owned or controlled by tuneNow. tuneNow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, tuneNow will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve tuneNow from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the tuneNow Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

tuneNow hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without tuneNow's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify tuneNow immediately of any breach of security or unauthorized use of your account. Although tuneNow will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of tuneNow or others due to such unauthorized use.

4. Intellectual Property Rights

The content on the tuneNow Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to tuneNow, subject to copyright and other intellectual property rights under Dutch and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. tuneNow reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the tuneNow Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the tuneNow Website or the Content therein.

If you believe that the Site contain material that constitutes an infringement of your copyright in any work, please provide the following information to our web site manager: a. a description of the copyrighted work that you claim is infringed; b. a description of where, in the Site, you claim that the copyright is infringed; c. a statement by that that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; d. your address, telephone number and email address; e. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; f. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

5. User Submissions

The tuneNow Website may now or in the future permit the submission of communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, tuneNow does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

You understand that when using the tuneNow Website, you will be exposed to User Submissions from a variety of sources, and that tuneNow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against tuneNow with respect thereto, and agree to indemnify and hold tuneNow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Warranty Disclaimer

You agree that your use of the tunenow website shall be at your sole risk. To the fullest extent permitted by law, tuneNow, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. tuneNow makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the tuNenow website. tuneNow does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the tunenow website or any hyperlinked website or featured in any banner or other advertising, and tunenow will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

7. Limitation of Liability

In no event shall tuneNow, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the tuneNow website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that tunenow shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The website is controlled and offered by tuneNow from its facilities in the The Netherlands. tuneNow makes no representations that the tuneNow website is appropriate or available for use in other locations. Those who access or use the tuneNow website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless tuneNow, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the tuneNow Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the tuneNow Website.

9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the tuneNow Website is not intended for children under 13.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by tuneNow without restriction.