By using the Diabetv TV, LLC website www.diabetv.com (the “Site”) you agree to follow and be bound by (1) these terms of use (the “Terms of Use”), (2) Diabetv.com’s Privacy Policy, and (3) all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “user”, “you” and “your” refer to each customer or Site visitor, “we”, and “us”, “our” “Diabetv” and “Diabetv.com” refer to Diabetv, LLC.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.

YOU AFFIRM THAT BY USING THE SITE YOU ARE AT LEAST 13 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

1. Service. These Terms of Use apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photographs, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. “Service” includes all aspects of Diabetv.com, including but not limited to all products, programming, videos, information, photographs, software, applications, functions and other services offered via Diabetv.com and other Diabetv applications.

2. User Account. In order to access some features of the Service, you will have to create a user account with Diabetv.com. You must not use another’s account without permission. When creating a user account, you must provide accurate and complete information. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You will be responsible for all activities occurring under your username. We may refuse to grant you a username that we find to be protected by trademark or proprietary rights law, vulgar, offensive, impersonates someone else, or otherwise inappropriate as determined by us at our sole discretion. You may not use a third party’s account, user name or password at any time. You are solely responsible for informing Diabetv.com immediately of any breach of security or unauthorized use of your account. Diabetv shall not be liable for any losses incurred as a result of someone else’s use of your account or password, either with or without your knowledge. You may be liable for the losses of Diabetv, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

3. General Use of the Service. Diabetv hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:

a.   You agree not to distribute in any medium any part of the Service without Diabetv’s prior written authorization, unless Diabetv makes available the means for such distribution through functionality offered through the Service.

b. You agree not to alter or modify any part of the Service.

c. You agree not to use the Service for any commercial uses unless you obtain Diabetv’s prior written approval. Prohibited commercial uses do not include: uploading an original video to Diabetv.com that promotes your business, expertise or artistry; downloading, sharing, publishing or otherwise distributing Contents from Diabetv.com on a Third Party Site using a function embedded in or available through the Service (i.e. embeddable player, download link, or share link), subject to the advertising restrictions set forth herein; or any use that Diabetv expressly authorizes in writing.

d. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other site search/retrieval application that is intended to repeatedly accesses the Service faster than a human can reasonably do so in the same period of time, or index any portion of the Diabetv.com service. Notwithstanding the foregoing, Diabetv permits operators of public search engines permission to use spiders to copy materials from the site exclusively for the purpose of and solely to the extent necessary for creating publicly available searchable indices of the Service and materials, but not caches or archives of such materials. Diabetv reserves the right to revoke these exceptions at any time.

e. You understand that when using the Service, you will be exposed to Content from third party sources, which are wholly independent from Diabetv, and that Diabetv 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 Diabetv with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Diabetv, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

f.          You agree not to collect or harvest any personally identifiable information about other users (including usernames and/or email addresses), from the Service, nor to use the communication functions provided though the Service (e.g., comments, email) for any commercial solicitation or other unauthorized purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

g.         You agree not to interfere with or disrupt the Service or servers or networks connected to the Service offered by and through Diabetv.com, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

h.         You agree not to interfere with other User’s enjoyment of the service.

i.          You agree to comply with all applicable laws when using Service, its applications or other functions/p>

j.          You understand that Diabetv reserves the right to discontinue any aspect of the Service, restrict use or revoke access at any time generally or in specific cases.

4. Use of Content. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

a.         Content on this Site is provided for your informational and personal use. You may access Content solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download or share any Content unless a download, share, or similar link is displayed alongside that Content on the Site.

b.         Whenever Content from Diabetv.com is shared, displayed or included on a third party Site, through a functionality embodied within or available through the Service (i.e. embedded player, download link, or share link) and as permitted under these Terms of Use, you agree not to modify, adapt, build upon, reverse engineer or block any portion or functionality of the Service, including but not limited to links back to the Diabetv website.

c.          You agree not to copy, reproduce, reformat, publish, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Diabetv or the respective licensor of the Content.

d.         You understand that the Service and functions embodied within or available through the Service may include security components that protect the Contents, and that use of this Content is subject to these Terms of Use and/or the rules set forth by independent content providers who provide Content through Service, including Third Party Providers, as defined in Section 6 herein. You may not attempt to override or circumvent any security-related feature of the Service or any other feature that prevents or restricts use or copying of any Content or enforce limitations on use of the Service or the Content therein.

5. User Content and Conduct. As a user of diabetv.com, you are legally and ethically responsible for any content including: files, pictures, videos, music, sound, graphics, messages, writings or any other work (“User Content”) that you submit, upload, post, transmit, or otherwise make available through your use of the Service. Diabetv does not exercise any control over User Content, and, as such, cannot guarantee the accuracy, integrity or quality of such content. You understand that Diabetv does not make any guarantees with regard to the confidentiality of User Content. In addition to the general restrictions above, the following restrictions and conditions apply to User Content:

a.         You agree not to submit, upload, post or otherwise make available User Content that is known by you to be false, inaccurate or misleading; that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (see “Compliance with Intellectual Property Laws” below); that violates any law, statute, ordinance, or regulation; that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any animal, individual, partnership or corporation (see “Inappropriate Content” below); that includes advertisements, promotions or content for which you will be compensated in some way by any third party, without explicit approval from Diabetv; that contains any computer virus, worms, or other potentially damaging computer programs or files; or that otherwise violates these Terms of Use.

b.         You understand that Diabetv may pre-screen User Content, and shall have the right, in our sole discretion, without notice and without limiting any and all other rights we may have under these Terms and Conditions, at law or in equity, to refuse, block, edit, delete, move, or block any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable. Diabetv may also share any User Content and user information with state or federal law enforcement, if it determines that the User Content involves any illegal or unlawful activity, or as otherwise may be required by law.

c.          Under United States federal law, you retain all patents, trademarks, trade secrets, and copyrights on all works you create and post as User Content, unless you choose specifically to renounce.

d.         You affirm, represent and warrant that you own or have the requisite rights, consents, permissions and/or licenses to submit, upload, post or otherwise make available User Content, and license to Diabetv all patent, trademark, trade secret, copyright or other proprietary rights to such content for publication on the Service in accordance with these Terms and Conditions. In this regard, you agree to grant Diabetv a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, distribute, reproduce, and display User Content, in whole or in part, in connection with the Service through any media channels and in any media format. You also agree to grant each User of the Service non-exclusive personal and customary use of User Content, including distribution, sharing, and displaying content through a functionality of the Service, as authorized under these Terms and Conditions. These licenses shall remain in effect for a commercially reasonable time after the content is removed or deleted; however, licenses granted in relation to user comments are perpetual and irrevocable. Diabetv may retain server copies of User content, without displaying or distributing the content after User Content has been removed or deleted.

If the User Content you provided consists of a photo or video that depicts any children under the age of 13, you affirm that you are the child’s parent or legal guardian or that you have written permission from the child parent or legal guardian to provide the photo or video.

6. Ownership. This Site is owned and operated by Diabetv. All rights, title and interest in and to the materials provided on this Site, including but not limited to, information, documents, logos, graphics, sounds and images (the “Content”) are owned either by Diabetv or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Diabetv.com, none of the Contents may be copied, reproduced, reformatted, published, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise used in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Diabetv intellectual property rights, whether by estoppels, implication or otherwise. Diabetv does not sell, license, lease or otherwise provide any of the Contents other than those specifically identified as being provided through Diabetv.com. Any rights not expressly granted herein are reserved by Diabetv.

7. Intellectual Property Rights. User is permitted to use this Site, and reproduce, publish, or otherwise distribute Content using a function embodied within and available through the Service and subject to the Terms of Use, so long as User maintains intact all copyright and other proprietary notices. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website. Nothing contained in this Site should be construed as granting any license or right to use any Trademark displayed on the Site.

8. Compliance with Intellectual Property Laws. When accessing Diabetv.com or using any Diabetv.com Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Diabetv.com user account.

9. Third Party Websites The Service may contain links to websites outside the Diabetv.com network and systems to websites, which are controlled by parties other than Diabetv.com (each a “Third Party Site”). Diabetv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Site. Diabetv.com cannot censor or edit the content of any third-party site, and is not responsible for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Diabetv.com makes no guarantees about the content or quality of the products or services provided by such sites. Diabetv.com provides links to Third Party Sites, and allows users to provide these links, as a convenience, and the inclusion of any link does not imply endorsement by Diabetv.com of the Third Party Site, nor does it imply that Diabetv.com sponsors, is affiliated to or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. By using the Service, you expressly relieve Diabetv from any and all liability arising from your use of any Third Party Site, and acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site. Diabetv.com recommends that you make yourself familiar with the terms of use and privacy policies of all websites that you visit.

10.       Mobile Access to Site. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Site, Diabetv does not make any representations or warranties regarding such compatibility. You understand that you are solely and exclusively responsible for any charges incurred by accessing the Site on your mobile device, including but not limited to any data or roaming charges.

You may be given the option to register to receive messages from Diabetv.com via your mobile device. You may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided in the messages, or on the website where you registered to receive such messages.

11.       Privacy and Copyright Protection. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Diabetv can use such data in accordance with our Privacy Policy.

12. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DIABETV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DIABETV MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DIABETV SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

13. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD DIABETV TV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DIABETV HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF DIABETV, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN THOSE JURISDICTIONS; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

14. Inappropriate Content. When accessing the Site you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Diabetv.com reserves the right to terminate or delete such material from its website and servers. Diabetv.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

15. Compliance with Export Restrictions. You may not access, download, use or export the Site, Content, applications, or other materials available on Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Content is subject to the United States Export Administration Laws and Regulations and agree that none of the Content or any direct product there from is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

 

16. Children. Persons under the age of thirteen (13) years are not eligible to use the Site or its applications and we ask that they do not submit any personal information to us.

 

17. Governing Law; Venue. By using this Site or any of its applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Florida. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

 

18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Diabetv, LLC ALL RIGHTS RESERVED.

 

19. Trademarks. Diabetv, LLC, Diabetv.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Diabetv, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

20. Acknowledgement. BY ACCESSING DIABETV.COM OR USING THE SITE OR ITS APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.