Terms of Use

OASISTV.COM

TERMS OF USE

(REVISED 1/1/09)

This site (the "Site") is operated by OTV Media Group, Inc. d/b/a Oasis TV (including its subsidiaries, parents, affiliates, directors, employees, assigns and all related entities, herein "OTV"). The Site is intended for your personal entertainment, information, education and communication. Please note that this Site and the services offered are only open to users 13 years of age or older. If you visit or shop at OasisTV.com, you accept these conditions (“Terms of Use") and all applicable laws. If you do not agree with all of the following Terms of Use, please do not use this Site.

OTV 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 Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Use.

Use of Materials Contained on this Site

The Site contains material that is derived in whole or in part from material supplied by OTV 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 OTV’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 OTV’s express written consent is prohibited.

Cancellation of Premium TV Service (Video On Demand) Subscription

If you wish to cancel your subscription, you must do so by within 3 days of your account registration and payment.

When you cancel your subscription, your access to Premium TV will terminate and you will not be charged after your current billing cycle ends. Sorry, but we cannot refund any unused portion of your monthly subscription in the event you cancel.

If you ever wish to cancel your subscription, OTV suggests you do so on the last day of your then-current billing cycle. That way, you can continue watching OTV programming for the maximum number of days of your billing cycle, prior to access and billing termination.

Premium TV Free Trial (Video On Demand) Subscription and Cancellation

If you subscribe to Oasis Premium TV using a Free Trial coupon number or promo code, you will not be charged any money until the Free Trial period expires, at which time you will be charged for the first month of service.

You may cancel your subscription during your initial free trial without being billed. If you do not cancel your subscription before your initial free trial ends, you will be billed automatically on a monthly basis.

Periodic Newsletter

Your subscription to Oasis Premium TV includes periodic emails containing programming information and updates at no charge. If you do not wish to receive this information, you must un-check the appropriate box during your sign-up.

Use of Health-Related Materials

Health-related Materials or products are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Before engaging in any new physical activity always seek the advice of your physician, healer or other qualified health provider of your choice. Ask such physician, healer or other qualified health provider any questions you may have regarding a medical condition or use of any product purchased though the Site. Never disregard professional medical advice or delay in seeking it because of something you may have read, watched or heard on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. OTV does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by OTV, its employees or others appearing on the Site is solely at your own risk.

The Site may contain health-related or medical-related products that you find sexually explicit or otherwise offensive. OTV, its licensors, and its suppliers have no control over and accept no responsibility for your findings and, furthermore, you are solely responsible for compliance with the laws applicable to your country of residence.

Creative Submissions/Communications

OTV does not accept or consider creative ideas, suggestions or materials other than those OTV specifically requests. This is to avoid the possibility of future misunderstandings when projects developed by OTV might seem to others to be similar to their own creative ideas, suggestions or materials.

If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of OTV. None of the Information shall be subject to any obligation of confidence on the part of OTV and OTV shall not be liable for any use or disclosure of any Information. OTV shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Social Networking and User Generated Content

The Site may display bulletin boards, chat rooms, blogs and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works and/or other materials (collectively "Social Networking and User Generated Content" or “SNUGC”).

OTV does not control the SNUGC, and OTV has no obligation to monitor such SNUGC. The SNUGC does not necessarily reflect the views of OTV. In no event shall OTV assume or have any responsibility or liability for any SNUGC or for any claims, damages or losses resulting from their use and/or appearance on this Site. OTV reserves the right at all times to disclose any information (including the identity of the persons providing SNUGC) as necessary to satisfy any law, regulation or governmental request. In addition, OTV reserves the right to edit, refuse to post or to remove any SNUGC, in whole or in part, that in OTV's sole discretion are objectionable or in violation of these Terms of Use.

By posting messages, uploading files, inputting data, or generating any other content or engaging in any other form of social networking through this service, you are granting OTV a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1) Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;

2) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the SNUGC.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Rules of Conduct

It is a condition of your use of the SNUGC and this Site that you do not:

1. Engage in SNUGC activities for any illegal purposes (or to solicit any illegal act);

2. Restrict or inhibit any other user from using and enjoying the SNUGC;

3. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; or post any message that solicits gambling or engage in any gambling activity;

4. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

5. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

6. Post any defamatory, libelous, hateful, or harassing messages, information or material;

7. Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.

8. Use the Site for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes.

9. Try to gain unauthorized access to any restricted services, other users' accounts, or computers connected to the Site though password mining, phishing or other means.

10. Interfere with another user's use and enjoyment of the Site or any other individual's use and enjoyment of related services.

Hyperlinks to Third Party Sites

The appearance of external hyperlinks does not constitute endorsement by OTV, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and OTV does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites.

Furthermore, OTV is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, OTV will not 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 OTV 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, OTV 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.

Termination of the Service

OTV may terminate the Site or any services included on or through the Site at any time with or without cause or notice. OTV shall not be liable to any party for such termination.

If you object to any of the Terms of Use contained herein, you may discontinue use of the Site or services. You may cancel your subscription to OTV newsletters by following the directions provided in each newsletter to which you have subscribed.

Shopping

OTV AND OUR SUPPLIERS PROVIDE OUR WEB SITE, PRODUCTS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OTV EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY OTV ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that OTV's sole and exclusive maximum liability arising from any product sold by OTV on the Site shall be the price of the product ordered.

IN NO EVENT SHALL OTV BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, OTV shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. OTV shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, OTV will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify OTV's acceptance of your order, nor does it constitute confirmation of OTV's offer to sell. OTV reserves the right at any time after receipt of your order to accept or decline your order for any reason. OTV reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment. OTV may require additional verifications or information before accepting any order.

OTV may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions.

Indemnification

You agree to indemnify, defend and hold harmless, OTV, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, 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 Use by you. OTV 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 OTV in asserting any available defenses.

Limitation of Liability/Disclaimer

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 Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER OTV 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 OTV is not liable for any defamatory, offensive or illegal conduct of any user.

OTV 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 (including any SNUGC) or your downloading of any Materials from the Site.

OTV 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.

Miscellaneous

OTV Media Group, Inc. operates and controls the Site from its offices at 2029 Century Park East, Suite 1400, Los Angeles, CA 90067, United States of America. This site is intended for residents of the planet earth, however OTV makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

OTV believes in the exercise of free speech and publishes opinions from various points of view. As such, the views and opinions expressed on the Site do not necessarily reflect those of OTV.

You expressly agree that exclusive jurisdiction for any dispute with OTV resides in the courts of the State of California of the United States in Los Angeles County, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute, including any claim involving OTV or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and providers of Materials.

These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed only to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.