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Terms and Conditions

Terms and Conditions
Date: 01/10/05
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE:
The following terms and conditions govern your use and access t2p.tv
T2Productions provides video content, services, and products on this web site (the “Site”) subject to these Terms and Conditions. The Terms and Conditions also govern your membership to the Site if you become a member. By accessing, using, any material from the Site, or becoming a member of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not access or use the Site. You may use and access the Site only in accordance with these Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site (i.e., computers, modems, and software, including the most recent versions of Internet browsers, applications, and plug-ins).

I. Trademark Information

T2Productions and t2p.tv are trademarks in the United States. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. T2Productions’ marks may not be used publicly except with express written permission from T2Productions, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits T2Productions.

II. Copyright

All content included on the Site, such as all literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, button icons, streaming data, animation, images, compilations, .RAM files, .AVI files, or any other software files (in object code or source code format) (collectively, “Materials”) is the property of T2Productions or its content suppliers. The compilation of all content on this Site is the exclusive property of T2Productions.

III. Access to Site

The Site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware that when they leave our Site they should read the privacy statements of each and every web site that collects personally identifiable information.

IV. Restrictions on Use of Sites

Without the express prior written authorization of T2Production, you may not: (A) duplicate the Site or any of the Materials contained therein (except as expressly provided above in Section III); (B) create derivative works based on the Site or any of the Materials contained therein; (C) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display or public performance; (D) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section III above; (E) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (F) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (G) use any meta-tags or any other “hidden text” using T2Productions’ name or marks; (H) “deep-link” to any page of the Site except for the homepage, www.t2p.tv; (I) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords, or using another person’s user name and password in order to gain access to a restricted area of any of the Site); (J) use any data mining, robots or similar data gathering and extraction tools on the Sites; (K) decompile, reverse engineer, or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law, or (L) bookmark any page of any Site beyond the membership log-in screen.

V. Membership

a Registration
You may access the non-public portion of the Site only by being a member in good standing to the Site. You may become a member of a Site by completing an online registration form, and paying the appropriate fee, which may be recurring in nature. Upon submission of the online registration form, T2Productions or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or T2Productions or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, T2Productions has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

b Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Site to anyone who is not a Site member. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (1) immediately notify T2Productions of any unauthorized use of your user name and password or any other breach of security, and (2) ensure that you exit from your account at the end of each session.

c Fees
You agree to pay all membership fees when due. T2Productions posts the current membership fees for the Site as part of the registration process. T2Productions reserves the right to change the Site's membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. T2Productions reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account become past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing T2Productions for all credit card charge backs, dishonored checks and any related charges.

d Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

e Refund Policy
T2Productions does not provide cash refunds. We may, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by T2Productions or our authorized agents provides extensive credit card fraud protection measures and our Site includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

VI. Termination

You may cancel your membership at any time by providing: (A) our customer service department with a notice of your intent to cancel the membership along with your user name and password; and (B) any outstanding fees owed for your membership. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site to which you were a member.

T2Productions may terminate your access to the Site at any time, with or without advance notice, if: (1) T2Productions believes that you have breached any material term of these Terms and Conditions, (2) you fail to pay any amount due by the payment due date; or (3) T2Productions decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither T2Productions nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by T2Productions, you will not attempt to re-register as a member without prior written consent from T2Productions.

VII. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. T2PRODUCTIONS DOES NOT OPERATE ITS AFFILIATES’ WEBSITES. T2PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES T2PRODUCTIONS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. T2PRODUCTIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

VIII. Limitation of Liability

IN NO EVENT SHALL T2PRODUCTIONS (OR ITS LICENSORS, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF T2PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL T2PRODUCTIONS’ MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.

IX. Indemnity

You agree to indemnify T2Productions against any and all claims, liabilities, and costs, including reasonable attorneys’ fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms and Conditions, including without limitation, any breach by you of this Agreement. T2Productions shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. T2Productions may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

X. Links

Some Web sites which are linked to the Site are owned and operated by third parties not associated with our Company or our Affiliates. Because T2Productions has no control over such sites and resources, you acknowledge and agree that T2Productions 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, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that T2Productions 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 in reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

XI. General Provisions

a No Waiver
Failure by either party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.

b Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from the Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

c Relationship Between the Parties
T2Productions is an independent contractor; nothing in these Terms and Conditions shall be construed to create a partnership, joint venture or agency relationship between the parties.

d Headings
Section and subsection headings of these Terms and Conditions are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

E Force Majeure
T2Productions shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, network or software, including Y2K errors or omissions, for so long as such event continues to delay T2Productions’ performance.

IF YOUR INTERNET ACCESS DEVICE PERMITS YOU TO DO SO, PLEASE PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.