Thanks for visiting Shelby.tv (the “Site”), which is operated by Shelby TV, Inc. (“Shelby.tv”, “we,” “us,” “our”). What is Shelby.tv? Shelby.tv is a [a one-stop-shop for all your online video pleasure. We know that you, like many people, may be inundated with a steady flow of video sharing throughout the day, but don't actually have the opportunity to watch everything you get, or have the patience to sort through it later. Shelby.tv's goal is to make it less difficult to enjoy online video. We pull in video links from your third party social networking accounts (such as Facebook, Tumblr and Twitter) that you choose to link to Shelby.tv in order to create a customized channel filled with videos your friends think are worth watching[a].]
- You Must Be at Least 13 to Use the Service. First and foremost, you must be at least 13 years of age to use the Service. Shelby.tv does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.
- Void Where Prohibited. We definitely don’t want you breaking any laws. So when you use the Service, you are responsible for ensuring that your use complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Service is not permitted where such use is prohibited.
- Use of the Service
- Your Account. In order to use the Service, you will need to create a Shelby.tv account. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not select or use as a username (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel an account in our discretion. You shall be responsible for maintaining the confidentiality of your password.
- Code of Conduct. By accessing the Service, you agree that you will not contribute any content or otherwise use the Service in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party (see our DMCA Copyright Policy [URL]); (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Shelby.tv’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Shelby.tv; (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vii) uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service or (viii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. Shelby.tv may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or Content at any time, for any reason or for no reason at all. Shelby.tv may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Shelby.tv reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Shelby.tv is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Shelby.tv, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, and you warrant that you possess all rights necessary to provide such content to Shelby.tv and to grant Shelby.tv the rights to use such information in connection with the Service and as otherwise provided herein.
- Commercial Use. Remember, the Service is completely personal to you. Still, from time to time, we may approve commercial use of the Service through corporate partnerships and agreements. But unless we authorize it, organizations, companies, and/or businesses may not become users and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, are prohibited.
- Proprietary Rights; Use License.
- Ownership. We and our licensors own and retain all proprietary rights in the Service. The Service and all materials displayed or performed on the Service including, but not limited to, text, graphics, articles, photographs, images, illustrations (together with User Submissions (as defined below), the “Content”) are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright law. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, creative derivative works based on, sell or otherwise exploit for any purposes whatsoever the Site, Service, or any Content or User Submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- Personal Use. Subject to these Terms, we grant to you a limited, revocable, personal, non-commercial, non-exclusive license to download or copy the Content (and other items displayed on the Site or Service for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Shelby.tv or from the copyright holder identified in such Content’s copyright notice. If you link to the Site, Shelby.tv may revoke your right to so link at any time, at Shelby.tv’s sole discretion. Shelby.tv reserves the right to require prior written consent before linking to the Site.
- Third Party Websites. The Service may contain links to or from Third Party Websites that are not owned or controlled by Shelby.tv. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant (i.e. you promise) that you have read and agree to be bound by all applicable policies of any Third Party Websites and that you will act in accordance with those policies, in addition to your obligations under these Terms. Shelby.tv has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any Third Party Websites. In addition, Shelby.tv will not and cannot monitor, verify, censor or edit the content of any Third Party Website. Any information contained in the content or data from a Third Party Website may be inaccurate or misleading and should not be relied upon. This content and data may become temporarily or permanently unavailable and/or may be subject to change without notice. By using the Service, you expressly release and hold harmless Shelby.tv from any and all liability arising from your use of any Third Party Website.
- Termination. This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. We may terminate or suspend your access to the Service or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. We may also terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the Service, and access the Site and any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- Warranty Disclaimer. Shelby.tv has no special relationship with or fiduciary duty to you. You acknowledge that Shelby.tv has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Shelby.tv from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such Content originated and that Shelby.tv will not be liable for any errors or omissions in any Content. Shelby.tv makes no representations concerning any Content contained in or accessed through the Service, and Shelby.tv will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL SHELBY.TV OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SHELBY.TV’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Copyright Dispute Policy. Shelby.tv has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of Shelby.tv’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Shelby.tv’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Shelby.tv is capable of finding and verifying its existence; (iv) contact information about the notifier including address, telephone number and, if available, email address; (v) a statement that the notifier has a good faith belief that the material identified in (iii) is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Shelby.tv’s policy: (i) to remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and (iii) that repeat offenders will have the infringing material removed from the system and that Shelby.tv will terminate such content provider’s, member’s or user’s access to the Service.
- Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: (i) a physical or electronic signature of the content provider, member or user; (ii) 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 disabled; (iii) a statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (iv) content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Shelby.tv is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Shelby.tv may send a copy of the counter-notice to the original complaining party informing that person that Shelby.tv may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Shelby.tv’s discretion.
Please contact Shelby.tv’s Designated Agent to Receive Notification of Claimed Infringement at the following address: 110 E 23rd St. Suite 1000 New York, NY 10010
- Indemnity. You will indemnify and hold Shelby.tv, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- Jurisdiction and Choice of Law. If there is any dispute arising out of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
- Modifications. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any Content) at any time by posting a notice on the Site or by sending you a notice through the Service, via email or by other appropriate means of electronic communication. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Service following notification of any changes to these Terms constitutes acceptance to those changes.
- Entire Agreement. These Terms contain the entire agreement between you and us regarding the use of the Service.
- Assignment. These Terms are not assignable, transferable or sublicensable by you except with Shelby.tv’s prior written consent. Shelby.tv may transfer, assign or delegate these Terms and its rights and obligations without consent.
- Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
- Survival. Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
- Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
- Relationship of the Parties. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
If you have any questions, complaints, or claims with respect to the Service, you may contact us at
Shelby.tv 110 E 23rd St. Suite 1000, New York, NY 10010.
Effective: October 24, 2011