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Terms of Use

OKE-TV Terms of Use

Effective as of November 25, 2013

Welcome to OKE-TV.com (the "Site”) and/or the OKE-TV mobile and/or other application(s) ("OKE-TV App(s)”) operated by OKE-TV, Inc ("OKE-TV”). OKE-TV is an Internet based platform that Members and temporary free users ("Try For Free Users”) may use to access broadcast television and other content. Please read these Terms of Use ("Terms”), which set forth the legally binding terms governing your use of this System, as well as the OKE-TV platform. If you have a question about OKE-TV, please feel free to contact support@OKE-TV.com.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS INCLUDING YOUR AGREEMENT TO SUBMIT CERTAIN CLAIMS TO ARBITRATION.

By visiting and/or using the Site, using the OKE-TV App(s) and/or becoming an OKE-TV member, whether on a trial, limited, promotional, free or paid basis, ("Member”) you agree to be bound by these Terms. If you do not agree to these terms do not visit or use the Site, use the OKE-TV App(s) or become an OKE-TV Member. To be eligible to become an OKE-TV Member, you must follow the signup process on the Site and/or through the OKE-TV App(s), submit the requested information, agree to these Terms, and click on "Start Membership”. Once you submit the requested information, subject to capacity and verifying your eligibility, we will send confirmation of your Membership to the email address that you provide to us.

In these Terms, "you” and "your” refer to each visitor to the Site, user of the OKE-TV App(s), OKE-TV Try For Free Users and/or Members and his or her agents (unless the context requires otherwise). "We,” "us” and "our” refer to OKE-TV.

We reserve the right, at our sole discretion, to amend and/or change these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site, OKE-TV App(s) , the Equipment and/or OKE-TV Platform (as defined below) after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Site and/or OKE-TV App(s) to determine if there have been changes to these Terms of Use and to review such changes.

In addition, when using the Site, OKE-TV App(s), the Equipment and/or the Platform (all as defined below), you shall be subject to any additional terms applicable to such use that may be posted on the Site and/or available in the OKE-TV App(s), including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms.

RIGHT TO USE OKE-TV EQUIPMENT AND PLATFORM

        
  • OKE-TV makes available to its Members and to OKE-TV Try For Free Users certain equipment including a remote antenna and tuner ("Antenna Equipment”) and a remote digital video recorder ("DVR Equipment”) (together the "Equipment”). Members may utilize the Equipment to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of Internet connection (collectively "Supported Devices”). A list of current Supported Devices can be found here.
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  • The Equipment is only available to trial and permanent OKE-TV Members. Your Membership provides you with a right to use the Equipment as set forth in, and subject to, these Terms. In connection with your Membership, subject to these Terms, OKE-TV hereby grants you a non-exclusive, non-transferable, limited right to use and control the Antenna Equipment to access over-the-air broadcast television broadcast content within your Home Market and to use and control the DVR Equipment in connection with your Supported Devices solely to record, store and play-back over the air broadcast content accessed using the Antenna Equipment. "Home Market,” as used herein, means and is limited to those terrestrially broadcast channels that are available to you at your residential address using an effective antenna. The right granted to Members in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. It specifically excludes the right to use the DVR Equipment to view recordings of over-the-air broadcast television outside of the Home Market. OKE-TV does not guarantee reception of any particular channel.?The address that you provided in connection with registering for an OKE-TV Membership must be your residential address and must be within one of the locations in which OKE-TV is available. For a list of currently available locations see: Allowed Zip Codes.
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  • In addition to the Equipment, OKE-TV offers access to certain products and/or features in connection with Membership, including a program guide, social networking capabilities and certain video programming content ("Video Programming”) other than over-the-air broadcast content (all of the capabilities of the OKE-TV system, including the Equipment, constitute the "OKE-TV Platform” or "Platform”). Subject to terms and conditions of these Terms and in accordance with the terms of its membership plans, OKE-TV hereby grants to its Members a non-exclusive, non-transferrable, limited license to use the OKE-TV Platform, in connection with your Supported Devices, to access the guide, social networking capabilities and Video Programming and to utilize the DVR Equipment in connection with such Video Programming.
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  • Your right to use the Equipment and/or Platform is for a term that continues until your temporary free use or Promotion (as defined below, and to the extent available), and/or Membership ends or is terminated by you or OKE-TV.
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  • As a condition of use, you promise not to use the Site, OKE-TV App(s), Platform or Equipment for any purpose that is prohibited by law or by the Terms of Use. You are responsible for all of your activity in connection with your use of the  Site, OKE-TV App(s), Platform and Equipment.
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  • You may not use the  Site, OKE-TV App(s), Equipment, Platform and/or and any materials or content contained or embodied therein for any commercial purpose whatsoever.
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  • You agree not to circumvent, disable or otherwise interfere with security-related features of the OKE-TV Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the OKE-TV Platform.

MEMBERSHIP, USE AND BILLING

        
  • You may only register for an OKE-TV Membership if you live within a market in which OKE-TV is available (the "OKE-TV Market”) and you must register for the OKE-TV Membership using your residential address. A Member may only use the  Site, OKE-TV App(s) and the Equipment to receive television signals that are available in your Home Market. A Member may not use or attempt to use the  Site, OKE-TV App(s) and/or Equipment to access signals that are not available in your Home Market or register for a Membership if you reside outside of the OKE-TV Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. OKE-TV reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you, your ISP, or computer system provide to OKE-TV, as well as any publicly available information. To the extent offered by OKE-TV, temporary promotional access will only be available to users physically located within one of the markets in which OKE-TV is available, and we reserve the right to verify your location through geo-location and exclude you from using OKE-TV if the geo-location check fails.
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  • You may be eligible for a free trial period when you become a Member ("Free Trial”). If you or any member of your household has been an OKE-TV Member previously, you are not eligible for a Free Trial. In order to begin a Free Trial, you must become a registered Member in accordance with the Terms herein. In connection with a Free Trial, you must provide a valid credit card or other acceptable form of payment ("Payment Method”). While OKE-TV will not apply any charges to your Payment Method during the Free Trial, up to one month of charges will be authorized on your Payment Method at the inception of the Free Trial. On or before the conclusion of the Free Trial, you may cancel your Membership by signing into your account and clicking "cancel.” If you do not cancel your Membership on or before the conclusion of the Free Trial, we will begin billing your Membership and will continue billing your Membership until such time as you or OKE-TV cancel your Membership.
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  • All Memberships, including Free Trials, in whatever form or for whatever duration, are subject to these Terms. Our Membership fees are subject to change without notice.
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  • Your Membership may automatically renew under this agreement except that a one-day pass (if available) will not automatically renew. Your Membership will continue for the length of time that you elected at registration and then it will automatically renew for additional pre-paid periods of the same length at the Membership price then in effect unless you cancel by signing into your account and clicking "cancel” as set forth above. You may upgrade or downgrade your Membership to a higher or lower tier at any time in which case the new pricing associated with that tier will take immediate effect and you will be credited on a pro-rated basis with any remaining pre-paid amounts for your existing plan.
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  • You may also be offered a promotional or limited trial Membership ("Promotion”). In order to be eligible for a Promotion, you must register for a Membership in accordance with these Terms and a promotional Membership is subject to these Terms. OKE-TV reserves the right, in connection with such Promotions, to limit the use of the DVR Equipment including so that the user will be able to utilize limited DVR functionality with respect to live TV (e.g. pause or rewind to the beginning of the live play session), but DVR storage capacity beyond live play may be reserved for Members with a paid membership. Other restrictions may also apply between a Promotion and Paid Membership.
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  • Your Membership includes the right to use the Equipment and the OKE-TV Platform. From time to time, there may be Video Programming available on the OKE-TV Platform for which you will be charged a fee if you elect to view it. Such charges for certain "video-on-demand” content is in addition to your Membership fee and will be separately charged to your Payment Method.
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  • You are solely responsible for any charges for Internet access, data usage, mobile charges, data charges, and/or any other charges that you incur while using the Site, OKE-TV App(s), the Equipment and/or the Platform, whether you are doing so pursuant to a Paid Membership, Free Trial or Promotion.
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  • By signing up for an OKE-TV Membership (other than with respect to a Free Trial as set forth in these Terms) or by making any purchase through the OKE-TV Platform, you are authorizing OKE-TV or its designated payment processor to charge a Membership fee at the then current rate as well as any other charges that you may incur for paid content that you access on the OKE-TV Platform. All payments are to be made in United States dollars. You are responsible for all applicable charges, including any sales or use tax, duties or other governmental taxes or fees payable in connection with your purchase, and OKE-TV reserves the right to collect such taxes or other fees from you at any time. OKE-TV may change its Membership pricing at any time or add new fees and charges from time to time, but will provide advance notice to you of these changes by email. If a credit card reaches its expiration date, you must update your account to be authorized to continue use of the OKE-TV Platform. Under all circumstances, you remain responsible for any charges that you incur in connection with your use of the OKE-TV Platform.
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  • IF YOU CANCEL YOUR MEMBERSHIP OR IT OTHERWISE TERMINATES, ALL PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR UNUSED PERIODS OR PARTIAL MONTHS.
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  • We reserve the right to terminate your Membership and/or or access to the Equipment and/or OKE-TV Platform for any reason or for no reason. Without limitation on the foregoing, if you violate these Terms, your right to use the Equipment and/or Platform automatically terminates.

INTELLECTUAL PROPERTY

        
  • The Site and OKE-TV App(s) contain information about and related to OKE-TV including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although OKE-TV makes the Site accessible and the OKE-TV App(s) available, OKE-TV does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site and/or OKE-TV App(s). Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or OKE-TV App(s).
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  • OKE-TV and the OKE-TV logo ("OKE-TV Marks”) are trademarks of OKE-TV, Inc. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site, on or in the OKE-TV App(s) and/or in connection with the OKE-TV Platform may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third party trademarks, service marks, graphics, logos and/or domain names.
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  • OKE-TV does not own the copyrights or any other intellectual property rights in any broadcast television programming that you choose to view using the Equipment. OKE-TV provides only the Equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the Equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of (except for recordings on the OKE-TV Platform) and/or disseminating any over-the air broadcast content that you chose to access using the OKE-TV Equipment.
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  • OKE-TV has and retains exclusive ownership of all right, title, and interest in and to the Equipment, Site, OKE-TV App(s), and the OKE-TV Platform, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, OKE-TV retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site, OKE-TV App(s), Equipment and/or Platform. You acknowledge that your use of the Site, OKE-TV App(s), Equipment and/or Platform may require software that is licensed, sold and/or provided to you by third parties and is included on your Supported Devices ("Third Party Software"). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software.
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  • You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Site, OKE-TV App(s), Equipment and/or the Platform or in any way derive from the Site, OKE-TV App(s), Equipment and/or Platform any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the Site, OKE-TV App(s), Equipment and/or Platform or any content that you access utilizing the Site, OKE-TV App(s), Equipment and/or Platform.
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  • OKE-TV, and the OKE-TV logo, are trademarks of OKE-TV, Inc. Our trademarks may not be used to identify products or services that are not OKE-TV’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that OKE-TV sponsors or endorses your products or services.
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  • All references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site and/or OKE-TV App(s), including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that OKE-TV is in any way affiliated with any third party. All third party trademarks displayed on the Site and/or OKE-TV App(s) are the property of their respective owners.
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  • OKE-TV makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site and/or OKE-TV App(s). OKE-TV has no control over the contents of the Web sites of third parties. A link out to a non-OKE-TV Web site does not mean that OKE-TV endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site.
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  • OKE-TV makes no warranties or representations regarding the over-the-air broadcast content or OKE-TV Programing available through the Site, OKE-TV App(s), OKE-TV Equipment and/or OKE-TV Platform. Without limitation on the foregoing, OKE-TV does not represent or specify that any content available through your Membership is appropriate for all ages. OKE-TV does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.

COPYRIGHT COMPLAINTS

        
  • OKE-TV respects the intellectual property of others, and we ask our users to do the same. OKE-TV will promptly process and investigate notices of alleged infringement on the Site and/or OKE-TV App(s) and will take actions as appropriate under the Digital Millennium Copyright Act ("DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been "used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

            
                  
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
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    • a description of where the material that you claim is infringing is located on the Site and/or OKE-TV App(s), with enough detail that we may find it on the Site and/or OKE-TV App(s);
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    • your address, telephone number, and email address;
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    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
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    OKE-TV's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

            
                Muh Fadly AS
                Tamalate 3 stp 53 no 18/82,
                makassar, south sulawesi 90222, indonesian
                dmca@OKE-TV.com        
        
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  • The maintenance of these notice procedures is not an indication that OKE-TV will take any specific action in response to any specific notice provided by any specific third party. OKE-TV hereby reserves its right to take or refrain from taking any action it deems appropriate in its sole discretion in response to any notice it receives hereunder.
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  • Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OKE-TV has adopted a policy of terminating, in appropriate circumstances and at OKE-TV's sole discretion, Members and/or users who are deemed to be repeat infringers. OKE-TV may also at its sole discretion limit access to the Site, OKE-TV App(s), Equipment and/or Platform and/or terminate the Memberships or use of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

USE OF THE SITE, OKE-TV APP(S) AND EQUIPMENT

        
  • The Site, OKE-TV App(s), Equipment and/or Platform are for your personal, noncommercial use.
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  • You may not access or use this  Site and/or OKE-TV App(s) in any way that could or is intended to damage, disable, overburden, or impair the operation of this  Site or Platform, or any server or network underlying the  Site and/or Platform, or that interferes with any other party’s use and enjoyment of the Site and/or Platform.
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  • You may not make or attempt any unauthorized access to any data, information, system, networks, or servers on which the Site and/or Platform  is hosted, including, without limitation, accessing or attempting to access Equipment and/or the OKE-TV Platform other than that which is available through your Membership. You may not modify or alter the Site, OKE-TV App(s) or Platform in any way, nor may you attempt to do so.
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  • You may not transfer or attempt to transfer material available on OKE-TV’s  Site, OKE-TV App(s) and/or through your use of the Equipment and/or Platform, to another storage device or medium other than the DVR Equipment for your personal use.
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  • You may not use the  Site, OKE-TV App(s), the Equipment and/or the Platform for any purpose that is unlawful, fraudulent, or prohibited by these Terms.
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  • You must be eighteen years of age or older to become an OKE-TV Member. Individuals under the age of eighteen may visit this Site, use or access OKE-TV App(s), and/or utilize an OKE-TV Membership of a parent or guardian only under the direct supervision of that parent or guardian. It is the obligation of the parent or guardian to monitor the use of anyone under the age of eighteen who is using their Membership.
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  • OKE-TV may, in its sole discretion, add, remove and/or change the content of the Site, OKE-TV App(s), the Equipment and/or features of the OKE-TV Platform.

SOCIAL MEDIA

        
  • In connection with your Membership, you may have access to certain social media features. You may enable such features in connection with your OKE-TV Membership and/or log in to OKE-TV via various online third party services such as Facebook or Twitter or other third party services ("Third Party Services”). To take advantage of these features, we may have to authenticate, register for or log into Third Party Services on the websites of their respective providers. By logging into or enabling Third Party Services within your Membership, you are allowing us to pass your log-in information to these providers for this purpose. For more information about the implications of activating these Third Party Services and OKE-TV’s use, storage and disclosure of information related to you and your use of such services within OKE-TV (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and OKE-TV shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within OKE-TV.
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  • You are solely responsible for any and all material that you post, re-post, share or otherwise participate in, in connection with OKE-TV whether on the OKE-TV Platform and/or any social media site. Any content that you post, whether in the form of text, photos, or other images, must be owned entirely by you and cannot infringe any right, including without limitation copyright, of any third party. You are specifically prohibited from posting any content that is infringing, obscene, hateful, racially or ethnically offensive, defamatory or otherwise offensive or constitutes an invasion of privacy or infringes a right of publicity. You hereby agree to indemnify OKE-TV against all claims, injury and/or damages including, without limitation, attorney’s fees, that arise from any material that you post on any forum or social networking site in connection with OKE-TV and/or any other claim related to your use of social media.
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  • OKE-TV reserves the right to remove any material that you post to any social networking site that appears on the Site and/or Platform. In addition, upon request by OKE-TV, you agree to remove any material that you have posted to any Third Party Service and/or social networking site in connection with your OKE-TV Membership.
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  • You hereby grant OKE-TV an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site in connection with OKE-TV.
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  • Third party applications, software, and websites may be accessible through the Site, OKE-TV App(s) and/or in connection with your OKE-TV Membership. Your use of such third party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources through the Site, OKE-TV App(s) and/or Membership and you are responsible for all such fees.
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  • All references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site and/or OKE-TV App(s), including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that OKE-TV is in any way affiliated with any third party. All third party trademarks displayed on the Site and/or OKE-TV App(s) are the property of their respective owners.
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  • OKE-TV makes no representation whatsoever regarding the content of any other Web sites or any over the air broadcast television that you may access through or by using the Site and/or OKE-TV App(s). OKE-TV has no control over the contents of the Web sites of third parties and/or the content of over the air broadcast television. A link out to a non-OKE-TV Web site does not mean that OKE-TV endorses or accepts any responsibility for the content or use of such Web site or broadcast television content or any product, service or other material offered on that site or through that content.

SECURITY

        
  • In connection with registering as an OKE-TV Member, you will be provided a username and password. Your username and password are solely for your personal use and are not to be shared with anyone else under any circumstances. You are responsible for maintaining the confidentiality of your username and password. We reserve the right to terminate your Membership in our sole discretion if you violate this policy.
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  • If you believe that your username and/or password have been lost or compromised and/or you have any concern about its security, you should promptly log in to your account and change your username and/or password to prevent any unauthorized use. If you give your username and password to another person, or through negligence allow another person to use your username and password, you are fully responsible for their actions and hereby agree to pay any and all fees, costs and expenses incurred by any other person using your username and/or password, and to indemnify OKE-TV against any loss or damage resulting from any improper use of usernames and/or passwords provided to you.

PRIVACY

OKE-TV respects your privacy. Please carefully read our Privacy Policy, which is hereby made a part of these Terms of Use.

WARRANTY, DISCLAIMERS AND INDEMNITY

        
  • You agree to defend, indemnify and hold harmless OKE-TV, together with its subsidiaries, affiliates, officers, employees and agents, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the  Site, OKE-TV App(s), use of the Equipment and/or OKE-TV Platform and/or your breach or alleged breach of these Terms.
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  • THE SITE, OKE-TV APP(S), THEIR CONTENTS, THE EQUIPMENT AND THE OKE-TV PLATFORM ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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  • You understand and agree that your use of the  Site, OKE-TV App(s), the Equipment and/or the Platform is solely at your own risk and that you will be solely responsible for any damage to your Supported Devices or any other equipment or loss of data that may result from your use of or inability to use the Site, OKE-TV App(s), the Platform and/or the Equipment and/or any viruses, worms and/or other types of Internet attacks.
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  • The Equipment receives broadcast television signals from the public airwaves. Reception of signals using the Equipment, including any particular program or the signal of any particular station, may be degraded or interrupted by interference caused by weather, atmospheric phenomena, other radio frequency equipment, disruptions of or changes to a television station’s transmission equipment. In addition, your access to the Equipment may be degraded or interrupted by network connectivity problems, power outages, or software or hardware incompatibilities. The  Site, OKE-TV App(s), the Platform and the Equipment may be subject to and affected by such interruption or downtime.
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  • WITHOUT LIMITING ANY OF THE FOREGOING, OKE-TV MAKES NO WARRANTIES THAT THE SITE, OKE-TV APP(S), ANY MATERIAL OBTAINED HEREIN, OR YOUR USE OF THE EQUIPMENT AND OKE-TV PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE, OKE-TV APP(S), THE EQUIPMENT AND/OR THE OKE-TV PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. OKE-TV SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, INTERRUPTIONS AND/OR OMISSIONS IN CONNECTION WITH ANY MEMBER'S USE OF THE EQUIPMENT AND/OR PLATFORM, INCLUDING BUT NOT LIMITED TO INTERMITTENT OR INTERRUPTED SERVICE, ERRONEOUS DELETIONS, FAILED RECORDINGS, AND/OR INABILITY TO SCHEDULE RECORDINGS OR OTHERWISE UTILIZE THE EQUIPMENT AND/OR PLATFORM. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OKE-TV OR ANY THIRD PARTY PLATFORM THROUGH WHICH YOU DOWNLOAD, ACCESS, OR USE THE SITE, OKE-TV APP(S), EQUIPMENT AND/OR PLATFORM, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OKE-TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE, OKE-TV APP(S),, EQUIPMENT AND/OR PLATFORM; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE, OKE-TV APP(S),, EQUIPMENT AND/OR PLATFORM; OR (III) ANY OTHER MATTER RELATING TO THE SITE, OKE-TV APP(S),, EQUIPMENT AND/OR PLATFORM INCLUDING WITHOUT LIMITATION ANY MATERIALS THAT YOU CHOOSE TO ACCESS USING THE EQUIPMENT AND/OR PLATFORM AND/OR ANY DATA OR INFORMATION THAT YOU POST IN CONNECTION WITH THE OKE-TV PLATFORM. IN NO EVENT WILL OKE-TV'S OR ANY THIRD PARTY’S PLATFORM THROUGH WHICH YOU DOWNLOAD, ACCESS, OR USE THE SITE, OKE-TV APP(S), EQUIPMENT AND/OR PLATFORM, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OKE-TV SITE, OKE-TV APP(S), EQUIPMENT AND/OR PLATFORM OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OKE-TV’S SITE, OKE-TV APP(S), EQUIPMENT AND/OR PLATFORM.

MISCELLANEOUS

        
  • If any provision of these Terms is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
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  • These Terms constitute the entire agreement between you and OKE-TV regarding the Site, OKE-TV App(s), Equipment and/or Platform and supersede all prior agreements and understandings with respect to the subject matter of these Terms of Use.
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  • These Terms, as well any claims arising out of and/or related to these Terms, the Site, OKE-TV App(s), the Equipment and/or the Platform shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Except only for those claims that are to be submitted to Arbitration as set forth below, you agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, the Site, OKE-TV App(s), The Equipment and/or the Platform shall be brought exclusively in the courts of the State of New York or the U.S. District Courts for New York. You and OKE-TV agree to submit to the personal jurisdiction of the courts located within the State of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
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  • Any failure by us to enforce any of our rights under these Terms at any time shall not constitute a waiver of such right.

DISPUTE RESOLUTION AND ARBITRATION

THIS SECTION PROVIDES THAT CERTAIN DISPUTES, EXCEPT THOSE NOTED BELOW IN PARAGRAPH 3 OF THIS SECTION, MAY BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING THOSE DISPUTES TO A COURT, INCLUDING THE RIGHT TO A JURY TRIAL.

"Disputes" as used in this section refers to all legal claims relating to the Site, OKE-TV App(s), the Equipment, the OKE-TV Platform and/or these Terms except those claims expressly set forth below in paragraph 3 of this section. The claims set forth in paragraph 3 of this section are not subject to arbitration and OKE-TV does not consent to arbitration with respect to such claims. Disputes, other than paragraph 3 exceptions, will be resolved as follows in paragraph 1, 2 and 4:

        
  • Informal Claim Resolution: Neither of us may commence arbitration for at least 60 days after one of us notifies the other of a Dispute in writing. You may notify us of a Dispute by sending a notice describing the Dispute by first class mail, postage prepaid, to OKE-TV, Inc., 37-18 Northern Boulevard, Suite 512, Long Island City, NY 11101 with a copy to dispute@OKE-TV.com. If we initiate a Dispute, we will send our notice to your billing address on file with us.
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  • Formal Resolution By Arbitration: If we cannot resolve a Dispute informally, including any Dispute between us, and any Dispute by either of us against any agent, employee, successor, or assignee of the other, then the Dispute(s) shall be resolved exclusively and finally by binding arbitration to take place in New York, New York. You consent to jurisdiction within the State of New York for such arbitration and waive any objection to jurisdiction in New York. The arbitration will be conducted by JAMS according to their Streamlined Arbitration Rules.
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  • CLAIMS NOT SUBJECT TO ARBITRATION: Notwithstanding anything to the contrary in these Terms, any claim brought against OKE-TV by a commercial entity rather than an individual is not subject to arbitration and OKE-TV does not consent to arbitration with any commercial entity. In addition, any dispute and/or claim concerning and/or alleging unfair competition, conversion, violation of the Lanham Act, violation of the Communications Act of 1934, 47 U.S.C. §605, violation of the Telecommunications Act of 1996, violation of the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, violation of the Digital Millennium Copyright Act, 17 U.S.C. §§512 and 1201 et seq., and/or any alleged violation, infringement, theft, piracy and/or conversion of intellectual property rights, including without limitation copyright, trademark, domain name, rights of publicity and/or privacy and/or patent claims, is not subject to arbitration and OKE-TV does not consent to arbitrate such claims. The claims set forth in this paragraph, as well as any claims regarding the applicability of this paragraph to a particular claim, may and must be decided only by a court of competent jurisdiction in New York as set forth in the jurisdictional and choice of law provisions set forth in paragraph 3 under "Miscellaneous” above. THE CLAIMS SET FORTH AND DESCRIBED IN THIS PARAGRAPH ARE NOT SUBJECT TO ARBITRATION UNDER ANY CIRCUMSTANCES AND OKE-TV MAKES NO AGREEMENT TO ARBITRATE SUCH CLAIMS.
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  • Class Actions and Severability: If either party utilizes arbitration to resolve a Dispute, that Dispute shall be arbitrated on an individual basis. There shall be no right for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other Members, other users including anyone who was an OKE-TV Try For Free User, or other persons similarly situated. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Dispute submitted to arbitration ("Class Action Waiver”). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to these Terms and to the arbitration of Disputes between the parties and is non-severable from this agreement to arbitrate Disputes. 'Dispute' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court in New York as set forth in paragraph 3 under "Miscellaneous” above. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void, subject to the right to appeal the limitation.

By using the Site, OKE-TV App(s), Equipment and/or Platform, You acknowledge and agree that You have read these Terms of Use carefully and that You agree to and accept these Terms of Use, including the Privacy Policy that is incorporated into these Terms of Use.

    
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