GANDER.tv ("we" or "us") provides online services to the hospitality industry providing live streaming video, audio and other content, such as performances by bands, dj's, comedians, and spoken-word artists (collectively the “Content”). Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. Our services, the Content, and any other features, tools, applications, materials, products, software, data feeds or other services offered from time to time by GANDER.tv in connection with its business, however accessed, and all aspects of Gander.tv are referred to collectively as the "GANDER.tv Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
the GANDER.tv website (the "GANDER.tv Site");
GANDER.tv's affiliate and distributor websites;
other websites where users or website operators are permitted to embed the GANDER.tv Site; and
GANDER.tv authorized applications, features or devices.
3. Access and use of GANDER.tv services.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that GANDER.tv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 GANDER.tv with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless GANDER.tv, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Age Limitations. If you are under the age of 18, then you are not permitted to use any feature or other part of the GANDER.tv Services, including GANDER.tv Pay Per View.
Ownership. You agree that GANDER.tv owns and retains all rights to the GANDER.tv Services. You further agree that the Content you access and view as part of the GANDER.tv Services is owned or controlled by GANDER.tv and GANDER.tv's licensors. The GANDER.tv Services and the Content are protected by copyright, trademark, and other intellectual property laws.
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights, or otherwise violates any applicable law;
uses technology or other means to access, index, frame or link to the GANDER.tv Services (including the Content) that is not authorized by GANDER.tv (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the GANDER.tv Services);
involves accessing the GANDER.tv Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives of video — of the GANDER.tv Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the GANDER.tv Services, including GANDER.tv's servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the GANDER.tv Services (including the Content);
uses the GANDER.tv Services to advertise or promote services that are not expressly approved in advance in writing by GANDER.tv;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
interferes with any other party's use and enjoyment of the GANDER.tv Services; and
attempts to do any of the foregoing.
No Spam/Unsolicited Communications. No one may use the GANDER.tv Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the GANDER.tv Services, you acknowledge that you will have caused substantial harm to GANDER.tv and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay GANDER.tv $25 for each such unsolicited communication you send through the GANDER.tv Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by clicking service@GANDER.tv.
4. GANDER.tv Pay Per View special events and performances and billing.
Certain Content on GANDER.tv, such as special events and performances are “Pay-per-View” events, typically viewed by streaming live video of performances, and you must pay a fee. You agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties. Because the GANDER.tv Service is offered in multiple time zones, for consistency, the dates and times listed are with respect to the venue’s time zone.
By signing up for your GANDER.tv Pay Per View, you are expressly agreeing that we are authorized to charge you a fee and any applicable taxes in connection with your use of GANDER.tv Pay Per View to the credit card or other payment method accepted by GANDER.tv ("Payment Method") that you provide.
All fees and charges are nonrefundable. If there are special circumstances where GANDER.tv determines it is appropriate (e.g., the GANDER.tv Pay Per View service is unavailable to bring you a pay per view event due to technical difficulties), we may provide credits to affected purchasers. The amount and form of such credits, and the decision to provide them, are at GANDER.tv's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
5. Accounts and registration.
We may from time to time offer various features that require registration or the creation of an account with GANDER.tv. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any GANDER.tv representative. You are responsible for all use on your account, including unauthorized use by any third party, so please guard the security of your password. Please notify us by sending an email to service@GANDER.tv and completing the form as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by choosing the "delete my account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a GANDER.tv Pay Per View subscriber you must first cancel your GANDER.tv Pay Per View event before you will be able to terminate your account. Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your GANDER.tv Pay Per View event.
6. Collection and use of personal information.
7. User reviews, comments and other material.
Your Posts. As part of the GANDER.tv Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In doing so, you must adhere to the rules below.
Please limit yourself to User Material directly relevant to the GANDER.tv Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we may use your first and last name as your user ID, depending upon your use of certain options on the site including a link to your Facebook account, and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant GANDER.tv the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. GANDER.tv will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that GANDER.tv does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. GANDER.tv does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of GANDER.tv. We reserve the right, but have no obligation, to monitor User Material and to restrict, redact, and remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does GANDER.tv assume any responsibility or liability whatsoever for any User Material and you agree to waive any legal or equitable rights or remedies you may have against GANDER.tv with respect to such User Material. You may notify us of any inappropriate User Material you find. If a "report" feature through the GANDER.tv Services is not available for a specific instance of inappropriate User Material, please email feedback@GANDER.tv (please put in the subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING
GANDER.tv is not responsible for the content or practices of any website or destination other than the GANDER.tv Site, even if it links to the GANDER.tv Site and even if the website or destination is operated by a company affiliated or otherwise connected with GANDER.tv. By using the GANDER.tv Services, you acknowledge and agree that GANDER.tv is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the GANDER.tv Site.
Advertisements. GANDER.tv takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the GANDER.tv Services are between you and the advertiser, and you agree that GANDER.tv is not liable for any loss or claim that you may have against an advertiser.
GANDER.tv, the GANDER.tv logo, www.GANDER.tv.com, and other GANDER.tv marks, graphics, logos, scripts, and sounds are trademarks of GANDER.tv. None of the GANDER.tv trademarks may be copied, downloaded, or otherwise exploited.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE GANDER.tv SERVICES IS AT YOUR OWN RISK. THE GANDER.tv SERVICES, INCLUDING THE GANDER.tv SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GANDER.tv DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE GANDER.tv SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
GANDER.tv does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and GANDER.tv expressly disclaims any and all liability in connection with Content. GANDER.tv does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and GANDER.tv will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GANDER.tv reserves the right to remove Content without prior notice.
IN NO EVENT SHALL GANDER.tv OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "GANDER.tv PARTIES"), BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE GANDER.tv SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE GANDER.tv PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, (ii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GANDER.tv DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GANDER.tv 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT GANDER.tv SHALL NOT BE LIABLE FOR CONTENT 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE GANDER.tv SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GANDER.tv PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE GANDER.tv SERVICES (INCLUDING YOUR USE OF THE CONTENT). GANDER.tv RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
The Service is controlled and offered by GANDER.tv from its facilities in the United States of America. GANDER.tv makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Notice and procedure for claims of copyright infringement.
If you believe that any Content, User Material, or other material provided through the GANDER.tv Services, including through a link, infringes your copyright, you should notify GANDER.tv of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that GANDER.tv receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to GANDER.tv's copyright agent at CopyrightAgent@GANDER.tv (subject line: "Gander.tv Copyright Agent Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent GANDER.tv Corporation 60 Broadway, PH12
Brooklyn, NY 11211
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the GANDER.tv Services that is reasonably sufficient to enable GANDER.tv to identify and locate the material; (iv) how GANDER.tv can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to CopyrightAgent@GANDER.tv for purposes other than communication about copyright infringement may not be answered.
GANDER.tv has a policy of terminating repeat infringers in appropriate circumstances.
13. General Information.
Video and audio quality. While we strive for an enjoyable viewing and listening experience, we are unable to assure the level of resolution of the audio and video of our Content, which is dependent upon various factors, including the speed of your internet access and the speed of your computer. Accordingly, even where we use high resolution video and audio feeds, you may not realize all of the quality that may otherwise be available.
International Use. We are a company based in the United States. GANDER.tv's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where GANDER.tv does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the GANDER.tv Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.