Terms & Conditions
1. ACCEPTANCE OF TERMS
Welcome to BorokTV.com . This website is operated by A Borok Media Project.We provides this site to you subject to the following Terms of Service, as may be updated by us from time to time without notice to you.When using particular BorokTV owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. BorokTV may also offer other services that are governed by different Terms of Service.
Bedore using BorokTV website, Please read carefully the following terms of service.By registering for any accessing ,browsing and using the BorokTV website,You acknowledge that you have read and understood,and agree to be bound by the following terms , INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TOS”).If at any time you do not agree to these terms,please terminate your use of the BorokTV.com Website.
2. DESCRIPTION OF SERVICE
We are like a search engine that allows users to locate digital music files made freely available for streaming on Internet websites. If you are a registered user, the website will also allow you, in accordance with this Agreement, to perform various activities, including creating a profile for yourself, uploading photos, creating blog posts, submitting reviews of content, and communicating with other registered members. The website and any service made available via the website is referred to in this Agreement as the “Service.” As of the date stated above, the Service is provided to you for free.
3. YOUR REGISTRATION OBLIGATIONS
In consideration for your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BorokTV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BorokTV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. YOUR OBLIGATIONS WHEN EMBEDDING A FLASH MUSIC PLAYER ON YOUR WEBSITE
BorokTV music player consists of web page code that calls to a copy of the Adobe Flash Player that is already installed on an end user’s computer (the “Player”). You may embed the unmodified code for the Player on your website, your Myspace or other social networking site profile, or any other website. The Player must at all times display the following:
(a) The images and associated text under the Player, as BorokTV may update from time to time. Currently these are “create a BorokTV”, “Get This Ringtone”, and “launch standalone player”. The images and text come standard with the code for the Player provided by BorokTV;
(b) The song title and artist, if available, while streaming the music file using the BorokTV. This is required because a primary goal of BorokTV is to provide exposure for music artists and facilitate legal purchase of the artist’s music while allowing fans to enjoy the music. This feature comes standard with the code for the Player provided by BorokTV; and
(c) Any BorokTV branding included with the Player.
If you modify the Player in any way, you may lose the ability to embed the Player without warning.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BorokTV of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BorokTV WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
6. MEMBER CONDUCT AS TO COPYRIGHT POLICIES
a. Music Copyright Policy: BorokTV is an information location tool intended to help you find and enjoy music that has been legally posted by others on the Internet for promotional or other legal purposes. It is BorokTV policy to respect the legitimate interests of copyright owners. It is BorokTV policy to remove links to any music file if an artist or other rights holder informs SongsLover that the BorokTV search engine is linking to an illegally posted song, in accordance with the law. It is also BorokTV policy to terminate the accounts of users who we determine to be repeat infringers of other’s copyrights.
b. User Compliance with Copyright Policy: As a user of the Service, you acknowledge and agree that you will not violate the BorokTV copyright policy by (i) adding links to the BorokTV search index when you know that the links are to music files that have not been posted by the copyright owner for promotional or other legal purposes, (ii) uploading music files to a site and then adding the URL to the BorokTV search index unless you are the owner of the copyright in the music, or (iii) representing that you are the owner of a copyright in a music file for the purpose of adding that file to the BorokTV search index when you are not the owner. You also acknowledge and agree that BorokTV may terminate your user account if it determines, in its sole discretion, that you are a repeat infringer of others’ copyrights.
c. Other Copyrights: BorokTV does allow members to post photos and designs to member profile web pages. Photos and designs are also subject to copyright protection. You acknowledge and agree that you will not post copyrighted material on your member web profile unless you have created that content yourself, or you have permission from the copyright owner to do so.
7. MEMBER CONDUCT AS TO USER CONTENT
General. You understand that all information, data, text, software, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from whom such Content originated. This means that you, and not BorokTV are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BorokTV does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BorokTV be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service. Content does not include music files as BorokTV does not allow you to upload or download music files from or to the BorokTV site.
Monitoring of Content. You acknowledge that BorokTV may or may not pre-screen Content, but that BorokTV shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.
Alteration of Content. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. PROHIBITED USES OF THE SERVICE
You agree that you will not use the Service to:
reproduce the copyrighted materials of another person;
copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Service;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a BorokTV official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
We may collect registration and other information about you through the Service. Our collection and use of this information is described in the BorokTV
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Further, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please note that you are transferring your personal data to the United States, which does not have the same data protection laws as other countries and by providing us with your personal data you consent to the transfer of your personal data to the United States.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BorokTV ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
BorokTV may establish general practices and limits concerning use of the Service, including without limitation the maximum number of songs that may be included in a BorokTV, the maximum days that message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BorokTV servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge and agree that BorokTV has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BorokTV reserves the right to log off accounts that are inactive for an extended period of time. BorokTV reserves the right to modify these general practices and limits from time to time.
Your account remains in effect unless you cancel it or unless BorokTV terminates your account as provided by this Agreement. To terminate your account, you may select the “Delete Account” button in “My Account.” Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Service or this Agreement. We may terminate your account at any time for any reason. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. Termination of your BorokTV account may include (a) removal of access to all offerings within the Service, including but not limited to www.BorokTV.com, Message Boards and other services provided, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. SBorokTV SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCOUNT, ANY ASSOCIATED EMAIL ADDRESS, OR ACCESS TO THE SERVICE. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BorokTV may have at law or in equity.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT BorokTV SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
From time to time, BorokTV may offer promotions to website visitors or registered users of the Service. To be eligible for a promotion, you must for the duration of the promotion reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of BorokTV and its designees, which are final in all matters relating to any promotion. Any awards provided by BorokTV or our sponsors or partners are at BorokTV sole discretion. BorokTV and its designees reserve the right to disqualify any entrant or winner in their absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of the winner(s).
The Service may provide, or third parties may provide, links to other sites or content (“Third Party Sites”). Because BorokTV has no control over Third Party Sites, you acknowledge and agree that BorokTV is not responsible for the availability of such external sites or resources, and does not endorse and expressly disclaims responsibility or liability for any music files, content, advertising, products or other materials on or available from Third Party Sites. You further acknowledge and agree that BorokTV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such music files, content, goods or services available on or through any Third Party Site. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BorokTV AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BorokTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
BorokTV may provide you with notices, including those regarding changes to the TOS, in any reasonable manner.
Please report any violations of the TOS immediately email us.