Terms of Use

Last modified: Januari 1st, 2010

The following Terms of Use for the services of TV Tutti Exploitatie BV is a legal contract between you, an individual user of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and TV Tutti Exploitatie BV regarding your use of the services of TV Tutti BV. Please read these Terms of Use carefully. Through your registration, embedding, browsing, using the TV Tutti website, you declare that you have read, understood and accepted the following terms and conditions, including guidelines and the future modifications. If at any time you do not accept these, please immediately end your use of the TV Tutti website.

If you register or are using an account with TV Tutti BV, on behalf of a company, corporation or group, you declare that you: (1) are an authorized representative of this institution, (2) have read and understood the terms, (3) agree to these terms on behalf of that company, corporation or group.

The TV Tutti website is not available to persons under 13 years of age. By using the TV Tutti website, you declare that you are at least 13 years old.

If you use the TV Tutti website, you will be subject to additional posted guidelines (the "Guidelines"). These guidelines are incorporated by reference in these conditions.

TV Tutti Exploitatie BV reserves the right to change, modify, add or remove portions of these Terms of Use at any time. Please check these Terms and the guidelines periodically for changes. BY continued use of the TV Tutti website following the posting of changes, you accept these changes. For any material change to these conditions, these conditions will be automatically be effective 30 days after they were initially posted on the TV Tutti website.

Content is embedded at your own risk. TV Tutti Exploitatie BV can not guarantee that there will be no unauthorized distribution of Embedded TV content nor will TV Tutti Exploitatie BV be liable for any distribution or usage of the Embedded Content.

TV Tutti Exploitatie BV reserves all rights not expressly granted in this Terms of Use.

TV Tutti Exploitatie BV reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the TV Tutti website,



Content

You understand that in the case of using the TV-Tutti website, you will be exposed to Embedded content or any other form of content ( "Content") from a variety of sources, and that TV Tutti Exploitatie BV is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such Content.

You understand that you may be exposed to Content that is inaccurate, abusive, indecent, objectionable or offensive, and you agree to to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TV Tutti Exploitatie BV with respect thereto.

TV Tutti Exploitatie BV does not endorse any Content or any opinion, recommendation or advice expressed therein, and TV Tutti Exploitatie BV expressly disclaims any and all liability in connection with Content.

If notified by a User or a content owner of Content that allegedly does not conform to this Terms of Use, TV Tutti Exploitatie BV may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice. TV Tutti Exploitatie BV does not permit copyright infringing activities on the TV Tutti website.



Prohibited conduct

By using the TV Tutti website you agree not to:
- use the TV Tutti website for purposes other than to disseminate or receive original or appropriate licensed content
- use the TV Tutti website when you are under the age of thirteen (13) years
- to make unwanted offers, advertisements, suggestions, or send unwanted e-mail or spam. This includes, but is not limited to, unsolicited advertising, promotional materials, the bulk sending of commercial advertising.
- post any Embedded Content or other Content that is unlawful or that a reasonable person could deem to be indecent, obscene, humiliating, disturbing, vulgar, hateful, racially or ethnically offensive, pornographic, invading the privacy of another, harassing, threatening or otherwise inappropriate;
- impersonate any person or entity, forge another persons' digital signature, falsely claim an affiliation with any person or entity, or access the TV Tutti website accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the TV Tutti website or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the TV Tutti website or Embedded Content;
- copyright or other intellectual property rights on the website or embedded All TV content;
- post any defamatory, libelous, or inaccurate Content
- use the TV Tutti website for any illegal purposes or in violation of any law (local, state, national, international) including, without limitation, the laws on intellectual property and other proprietary rights, and data protection and privacy;
- abuse, defame, harass, threaten or to defraud the users of the TV Tutti website or (attempt to) collect or seek personal information about users or third parties without their consent;
- disable, remove, circumvent, damage or otherwise interfere with security-related features of the TV Tutti website or Embedded Content, features that prevent or restrict use or copying of any content accessible through the TV Tutti website, or features that enforce limitations on the use of the TV Tutti website or Embedded Content;
- adapt, modify, translate, or create derivative works based upon the TV Tutti website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- relay email from a other mail servers without the permission of that third party;
- using a spider, robot or other automated means to access the website the TV Tutti website for any purpose or bypass any measures TV Tutti Exploitatie BV may use to prevent or restrict access to the TV Tutti website;
- intentionally disrupt the operation of the TV Tutti website site or any user's enjoyment of it, by any means including the spread of viruses, spyware, malware, Trojans, adware, worms or other malicious code;
- manipulate identifiers in order to disguise the origin of any Embedded Content transmitted through the services;
- interfere with or disrupt the TV Tutti website or servers or networks connected to the TV Tutti website, or disobey any requirements, procedures, policies or regulations of networks connected to the TV Tutti website.
- decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the TV Tutti website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;




Third-party sites

The TV Tutti website may contain links (external, inframe, other) to tv stream websites, radio stream websites, other websites or services as a convenience to Users ("Reference Sites"). Tutti TV BV does not endorse any such Reference Sites or the information, images, sound, materials, products or services provided on or through referral sites. TV Tutti will not and cannot edit the content of any third-party site. Your correspondence or dealings with or participation in promotions of, advertisers found on or through the TV Tutti website are solely between you and such advertiser. Access to and use of reference sites, including the information, images, sound, materials, products and services at or above the reference sites is solely at your own risk.



Account

If you use the Tutti TV Tutti website you may be prompted for a password. You are solely responsible for protecting your account and password and access to your computer, and you accept responsibility for all activities that occur under your account or password.

You agree that the information you provide to TV Tutti Exploitatie BV on the registration and at all other times will be true, accurate, current and complete.

You also agree that you will ensure that this information is correct and up-to-date at all times.

If you suspect that your account is no longer safe (for example in case of loss, theft or unauthorized disclosure or unauthorized use of your account ID, password or credit card, debit card or debit card number, if applicable), then you agree to immediately notify TV Tutti BV. You may be liable for the losses incurred by TV Tutti Exploitatie BV or others due to any unauthorized use of your TV Tutti Exploitatie BV account.



Termination

Termination – TV Tutti BV: you agree that TV Tutti BV, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with TV Tutti Exploitatie BV or your use of the TV Tutti website and remove and discard all or any part of your account, User profile, URL, and any Embedded Content, at any time.

TV Tutti Exploitatie BV may in its sole discretion and at any time discontinue providing access to the TV Tutti website or any part thereof, with or without prior notice.

You agree that any termination of your account you may have or portion thereof may be effected without prior notice, and you agree that TV Tutti Exploitatie BV will not be liable to you or any third party for any such termination.

Any suspected fraudulent, abusive or illegal activities may be referred to appropriate law enforcement authorities. These measures are in addition to any other remedies,

TV Tutti Exploitatie BV may have at law or in equity. As discussed herein, TV Tutti Exploitatie BV does not permit copyright infringing activities on the TV Tutti website, and will remove all Embedded Content or other content submitted by any Users who are found to be repeat infringers.

Termination – You: your only remedy with respect to any dissatisfaction with (1) the TV Tutti website, (2) any term of this Terms of Use, (3) any policy or practice of TV Tutti Exploitatie BV in operating the TV Tutti website, or (4) any content or information transmitted through the TV Tutti website, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the TV Tutti website.



Copyright infringement notification

If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the TV Tutti website infringes your copyrights, you may submit a notification of claimed infringement in writing, including following information:
a. A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
c. Identification of the material that is claimed to be infringing 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 TV Tutti Exploitatie BV to locate the material.
d. Information reasonably sufficient to permit TV Tutti Exploitatie BV to contact the Copyright Owner, such as an address, telephone number, and, if available, an e-mail address at which the Copyright Owner may be contacted.
e. A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
f. 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 Copyright Owner of an exclusive right that is allegedly infringed.

You can send this to the Designated Copyright Agent of TV Tutti BV: copyright @ tvtutti . com or in writing to: TV Tutti BV, ATTN Designated Copyright Agent, Linnaeusparkweg 119-3, 1098 CV Amsterdam.

If you receive notice from TV Tutti Exploitatie BV that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide TV Tutti BV. To be valid, a counter notification must be a written communication provided to TV Tutti Exploitatie BV that includes substantially the following:
a. Your physical or electronic signature.
b Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. Your name, address, and telephone number and a statement that you will accept service of process from the Copyright Owner who provided notification or an agent of such person.

You can send this to the Designated Copyright Agent of TV Tutti BV: copyright @ tvtutti . com or in writing to: TV Tutti BV, ATTN Designated Copyright Agent, Linnaeusparkweg 119-3, 1098 CV Amsterdam.

Tv Tuttti BV reserves the right to terminate without notice any User's access to the services of TV Tutti Exploitatie BV if that User is determined by TV Tutti Exploitatie BV to be a "repeat infringer." In addition, TV Tutti Exploitatie BV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.



Property rights

The TV Tutti website is owned and managed by Tutti TV BV. The graphics, visual interfaces, design, development, source code, object code, products, services and all other elements of the TV Tutti website provided by TV Tutti Exploitatie BV (“Materials”) are protected by Dutch copyright, trademarks and laws, international conventions, and all other intellectual property rights and copyright, and laws.

Except for any Embedded Content and other Content that is provided and / or owned by content owners, Materials of TV Tutti website are the property of TV Tutti Exploitatie BV or its subsidiaries or affiliated companies and / or third parties.

Except as expressly authorized by Tutti TV BV, you agree not to distribute, license, sell, copy, modify, publicly display, transmit, publish, create derivative works from, or otherwise make unauthorized use of the Materials. TV Tutti Exploitatie BV reserves all rights not expressly granted in this Terms of Use.



Indemnity

You agree to indemnify, save, and hold TV Tutti BV, its employees, affiliated companies, contractors, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the TV Tutti website, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. TV Tutti Exploitatie BV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TV Tutti BV, and you agree to cooperate with TV Tutti BV's defense of these claims. TV Tutti Exploitatie BV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.



Disclaimer

To the fullest extent permissible pursuant to applicable law, tv tutti bv, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from TV Tutti Exploitatie BV or through the TV Tutti website will create any warranty not expressly stated herein.

You expressly acknowlege that the term TV Tutti Exploitatie BV includes TV Tutti BV’s employees, officers, directors, agents, shareholders, licensors and suppliers.

You expressly agree that use of the TV Tutti website is at your own risk. the TV Tutti website and any data it contains, information, third-party software, content (including Embedded Content), the reference sites, services or applications available or in connection with or through the TV Tutti website are provided on an ""as is" and "as available" and "with all the mistakes" basis and without warranties or representations of any kind either express or implied

TV Tutti BV, its suppliers, licensors, affiliates, and partners do not warrant that the data, content, functions, or any other information offered on or through the TV Tutti website or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

TV Tutti BV, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the tv tutti website or any reference sites in terms of correctness, accuracy, reliability, or otherwise.

You understand and agree that you access, download or otherwise obtain information, materials or data on the TV Tutti website or any reference site at your own risk and you are solely responsible for damage to property (including your computer) or loss of data, download or use of material or data.



Limitation of liability

Under no circumstances, including but not limited to, negligence, will TV Tutti Exploitatie BV or its employees, officers, affiliates, agents, suppliers, partners or third parties or licensors be liable for any indirect, special, consequential, incidental, reliance, punitive, or exemplary damages (including, without limitation, damages arising from any unsuccessful court action or legal dispute, lost business, -revenues or loss of anticipated profits or any loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use or your inability to use the materials (including embedded content) on the TV Tutti website or any reference site, or any other interactions with TV Tutti Exploitatie BV even if TV Tutti BV, or an authorized representative, has been advised of the possibility of such damages.

In no event will TV Tutti Exploitatie BV or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the TV Tutti website or your interaction with other TV Tutti website users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the TV Tutti website during the twelve (12) months immediately preceding the date of the claim or one hundred Euro, whichever is greater.

These liability limitations also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than TV Tutti Exploitatie BV and received through or advertised on the TV Tutti website or received through any reference sites.

You acknowledge and agree that TV Tutti Exploitatie BV has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and TV Tutti BV, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and TV Tutti BV. TV Tutti Exploitatie BV would not be able to provide the TV Tutti website to you on an economically reasonable basis without these limitations.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Use apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located



General

TV Tutti Exploitatie BV may provide you with notices, including those regarding changes to the Terms of Use , by email or on the TV Tutti websites. Notice posted on the TV Tutti website is deemed given 30 days following the initial posting.

The failure of TV Tutti Exploitatie BV to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TV Tutti BV.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TV Tutti Exploitatie BV without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These Terms will be governed by and construed in accordance with the laws of the Netherlands without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to these Terms or TV Tutti Exploitatie BV will be filed only in the Nederlands, Dutch law is applying and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

This is the entire agreement between you and TV Tutti Exploitatie BV relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by TV Tutti BV.

You and TV Tutti Exploitatie BV agree that any cause of action arising out of or related to the TV Tutti website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The services are offered by TV Tutti Exploitatie BV, located at Wildenborch 2 in Diemen, The Netherlands. Postal adress: Appelbes 8, 3911 NX, Rhenen and email: mail

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