Octane TV

Welcome to the www.octanetv.com website (the "Site"). PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by Ripe Digital Entertainment ("Ripe"). "You" are the person or entity using the Site and using its applications or services. By using the Site, you agree to these Terms including, but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, you do not have permission to use the Site. Ripe reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

I. All Rights Reserved

Ripe reserves all right, title, and interest not expressly granted under these Terms. All content, which includes, without limitation, photographs, logos, videos, articles, films, audio clips, video clips, media files, reviews, software, characters and source code (collectively, "Content"), on the Site is protected by copyright, trademark and all other applicable intellectual property laws and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of Ripe (or, where the Content provider owns such content, the written permission of such Content provider). The names or services on the Site, including, without limitation, "Octane," "Octane TV" and "Ripe Digital Entertainment" are registered or unregistered trademarks, trade names and/or service marks owned by Ripe. Other names or services on the Site may be the trademarks of the respective Content owners. You agree not to use any Ripe trademarks or any confusingly similar marks for any purpose without the express prior written consent of Ripe. Violations of this provision may result in severe civil and criminal penalties.

II. Use of Content and Submissions

Ripe authorizes you to access and use the Content solely for your personal, non-commercial use provided you keep intact all copyright and trademark notices on such Content. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition of your use of the Site, you warrant to Ripe that you will not use the Site for any unlawful purpose or purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Ripe makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Site.

No portion of the Site is targeted to children, and any minor should seek the consent of his or her parent or legal guardian before using the Site.

The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is strictly subject to Ripe's Material Submission License Agreement. Without limitation of the foregoing, you agree that any information, submissions, feedback, questions and/or comments or the like that you provide to Ripe in connection with this Site shall be deemed to be provided to Ripe on a non-confidential and non-proprietary basis and will become and remain the sole property of Ripe, and that Ripe may reproduce, publish and display any of the foregoing elsewhere in any manner. Ripe shall have no obligations of any kind with respect to any such submission and shall be free to reproduce, use, disclose and/or distribute any such submission for any purpose whatsoever, without limitation. You agree that Ripe shall be free to use any concepts, ideas and/or techniques embodied in such submission for any purpose whatsoever, including, but not limited to, developing, producing, marketing and/or distributing products or services incorporating such concepts, ideas and/or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you. You shall not submit any information or material containing advertising, a solicitation of any kind or to promote any websites that compete with Ripe, nor shall you submit any ideas for stories, series, designs and/or scripts through the Site. Though Ripe does not review every message posted by users on the Site, Ripe reserves the right to delete messages that Ripe believes, in its sole discretion, are in violation of applicable law and/or these Terms.

III. Use at Your Own Risk

The Site may contain inaccuracies or typographical errors. Ripe makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site or the Content. Your use of the Site, including, without limitation, the services and information, contained therein, is on an "as is" basis and is at your own risk. Ripe may make changes in the Content at any time for any reason.

A. Disclaimers.

RIPE, ITS RESPRECTIVE PARENT, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, C ONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE SITE AND (II) ANY OTHER SUBJECT MATTER OF THESE TERMS, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, RIPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, DEFECT-FREE OR ERROR-FREE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF RIPE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS FROM ANY AND ALL OF THE FOREGOING. ANY APPLICATIONS UPLOADED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN VIEWING CONTENT YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE, BEHAVIOR AND/ OR REFERENCES. YOU AGREE THAT RIPE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

B. Notice to Parents of Minors.

Ripe wishes to assist parents in their efforts to screen the material that their children under 18 years of age can view online. Ripe cannot be held responsible for misdelivered information, missed notification, or third-party software that malfunctions and allows viewing of mature content on the Site.

While no parental software package replaces careful supervision of the Internet's use by children, parental software products may be useful. Please be advised that Ripe does not endorse any one parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.

C. Links and Advertisers.

The Site contains links to third party sites that are not under the control of Ripe and Ripe is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Ripe provides links only as a convenience and the inclusion of the link does not imply that Ripe endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Ripe shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

IV. Privacy Policy

Ripe respects your right to privacy and understands that visitors to the Site need to be in control of their personal information. To that end, Ripe has developed a Privacy Policy, and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

V. Miscellaneous

A. Use of Personal Information. Subject to the Privacy Policy as Ripe may establish and post on the Site from time to time, Ripe may use personal information it obtains relating to you, including, without limitation, your address, name, mailing address, e-mail address for its internal business and marketing purposes and such information may be disclosed to third parties for such purposes and for any other purposes set forth in the Privacy Policy.

B. Choice of Law and Forum. These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to this Agreement must be brought in a state or Federal court in the State of California, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, Ripe reserves the right to commence an action in your home state in regards to this Agreement.

C. Indemnity. You agree to defend, indemnify and hold harmless Ripe, its licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of these Terms, or any use of the Content by you or under your control. You shall cooperate as fully as reasonably required in the defense of any such claim. Ripe reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not enter into any settlement agreement which shall or may affect the rights of Ripe without Ripe’s prior written approval.

D. Severability. If any provision of these Terms, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

E. Use of "You" or "Your". The words "you" or "your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.

F. Waiver. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Ripe.

G. Copyright Complaints. If you believe that your work has been copied and is accessible on the Site in such a manner as to constitute copyright infringement, you may notify Ripe by providing Ripe's copyright agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. Your address, telephone number, and email address; 4. 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 5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Ripe's agent for notice of claims of copyright infringement on the Ripe Network may be reached as follows:

By email: info@octanetv.com

By postal mail:

Ripe Digital Entertainment, Inc.
729 Seward Street
Los Angeles, California 90038
Attn: Legal Department

H. Printed Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last Modified: April 10, 2008