This player (the "Player" or the "Site") is operated by TitanTV Media and the owner of the website by which you have accessed the Player (together known as the TitanCast Network or the "Network"). It is intended for your personal entertainment. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.
TitanTV Media reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
The Site contains material that is derived in whole or in part from material supplied by the Network and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of TitanTV Media's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without TitanTV Media's express written consent is prohibited.
The appearance of external hyperlinks does not constitute endorsement by TitanTV Media, its subsidiaries and affiliates, or any other member of the Network, of the opinions or views expressed by these linked websites and TitanTV Media does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, TitanTV Media is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither TitanTV Media nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall TitanTV Media assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, TitanTV Media will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
The Site may now or in the future permit the submission of videos or other 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, the Network does not guarantee any confidentiality with respect to any submissions. You must create an account before you can submit content to the Network.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TitanTV Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Network and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Network and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Network, you hereby grant TitanTV Media a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Network and TitanTV Media’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Network (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Network a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Network.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TitanTV Media all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TitanTV Media or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. TitanTV Media and the owner of the website by which you have accessed the Player do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TitanTV Media and the owner of the website by which you have accessed the Player expressly disclaims any and all liability in connection with User Submissions. TitanTV Media does not permit copyright infringing activities and infringement of intellectual property rights on its Network, and TitanTV Media will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TitanTV Media reserves the right to remove Content and User Submissions without prior notice. TitanTV Media will also terminate a User's access to its Network, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. TitanTV Media also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, dangerous or illegal acts, content intended to shock or excessive length. TitanTV Media may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
When a User Submission gets flagged as inappropriate, TitanTV Media has a process to review the User Submission to determine whether it violates the Terms of Use. Flagged User Submissions are not automatically removed from the network unless the volume of flagging reaches a predetermined threshold.
TitanTV Media may terminate the Site or any services included on or through the Site at any time with or without cause or notice. TitanTV Media shall not be liable to any party for such termination.
You agree to indemnify, defend and hold harmless, TitanTV Media, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, the owner of the website by which you accessed the Site and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. TitanTV Media reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TitanTV Media in asserting any available defenses.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TITANTV MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that TitanTV Media is not liable for any defamatory, offensive or illegal conduct of any user.
TitanTV Media also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site.
TitanTV Media does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to the Site's Designated Agent.
DMCA Complaints
TitanTV Media c/o Decisionmark Corp.
818 Dows Road SE
Cedar Rapids, IA 52403
Fax: (319) 365-5694
Email: copyright@titantvmedia.com
To be effective, the notification must be in writing and include the following (consult your legal counsel or see Section 512(c)(3) of the DCMA):
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.