Terms of Use

Acceptance of Terms of Use
These Terms of Use govern your use of the ThrottleTV.com website. By using, visiting, or browsing the ThrottleTV.com service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ThrottleTV.com website.
These Terms of Use are an ongoing contract between you and ThrottleTV.com and apply to your use of the ThrottleTV.com website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
ThrottleTV.com and Circle King Networks reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the ThrottleTV.com website. The most current version of the Terms of Use will supersede all previous versions. Your use of the ThrottleTV.com website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.
Privacy
Any personally identifying information submitted on the ThrottleTV.com website is subject to our, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
ThrottleTV.com is an online subscription, download, streaming and delivery service providing its members with access to a comprehensive library of motorsport entertainment ("movies"). We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations on the number of movies. Under DVD plans, members select movies at our website, receive them on DVD by U.S. mail. You may also instantly watch certain movies on your personal computer or, on certain membership plans, through a ThrottleTV.com ready device.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Below is a general description concerning the operation of our DVD purchases:

Delivery Speed

We utilize a nationwide network of local distribution centers to send DVDs you have purchased. We have located these centers in such a manner as to provide fast and efficient delivery to our members. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our members are able to receive their DVDs in about one business day following our shipment of the requested movie from their local distribution center. Please note that not all deliveries will be from your local distribution center. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). At present, we send you an email letting you know when we have received a returned movie, and we also send you another email letting you know when we have shipped your next DVD, including the anticipated day of delivery.

Delivery of DVDs

We reserve the right to process orders and otherwise allocate and ship DVDs among our members in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular movie, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top choices from your Queue, ship out your next DVD on the same day that we receive one from you, or process orders from your local distribution center.
In determining priority for shipping and inventory allocation, we may utilize many different factors, including the number and type of DVDs you purchase through our service, the membership plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of DVDs you purchase in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your DVD was shipped and your delivery address, (ii) the timing of your placement or adjustment of movies in your Queue, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems.
We receive mail from the USPS and process returns Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.
Membership and Billing

We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the beginning of your membership period. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of membership plans, including special promotional plans or memberships with limitations on the number of movies. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

Billing

By starting your purchasing DVDs, streaming, downloads or subscriptions through ThrottleTV.com, you are expressly agreeing that we are authorized to charge for the service, any applicable tax and any other charges you may incur in connection with your use of the ThrottleTV.com Additional charges may include gift subscription purchases you make, or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for lost DVDs or DVDs not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the ThrottleTV.com Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your ThrottleTV.com subscription will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Cancellation

You may cancel your subscription to ThrottleTV.com to at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES. We reserve the right to terminate your account for any or no reason.
Features & Functionality

Watch Instantly

ThrottleTV.com allows you to instantly watch available movies on your personal computer or, on certain membership plans, through ThrottleTV.com. Currently, the instant watching functionality is provided to you at no additional charge; however, under certain of our membership plans, the instant watching functionality may not be available for viewing content on ThrottleTV.com ready devices. Instant watching movies may not contain all the same features you will find on a DVD-version of the same movie, such as bonus features, language selection, and captions, and not all movies available by mail on DVD are available for instant watching. In addition, some instant watching movies may not be available through all personal computers or the availability of movies to instantly watch will change from time to time. The quality of the display of the instant watching movies may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. ThrottleTV.com makes no representations about the quality of your instant watching display.
Start Time: The time it takes to begin watching a movie instantly will vary based on a number of factors, including your available bandwidth at the time, the movie you have selected and your computer or device system configuration. For example, high-speed action scenes or special effects at the opening of a film may slightly delay its start time. In addition, you must be connected to the Internet throughout the viewing experience.
We do not warrant that any of the software used and or licensed in connection with our watch instantly functionality will be compatible with other third party software nor do we warrant that operation of our watch instantly functionality and the associated software will not damage or disrupt other software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
We reserve, in our sole and absolute discretion, the right to withdraw the watch instantly functionality entirely from the ThrottleTV.com service or to limit, condition, terminate, charge for or otherwise modify your use of the watch instantly functionality at anytime without notice; provided however, we will give you notice before we institute any additional charges for the watch instantly functionality.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies may not be viewed, or may cease being viewable, through the watch instantly functionality on some or all personal computers or ThrottleTV.com ready devices.
Applications
The ThrottleTV.com website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by ThrottleTV.com. Unless otherwise noted by ThrottleTV.com on the ThrottleTV.com website, these Applications are provided solely as a convenience to you, and ThrottleTV.com is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your ThrottleTV.com account.. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your ThrottleTV.com account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ThrottleTV.com has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold ThrottleTV.com harmless for the sharing of information relating to your ThrottleTV.com account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your ThrottleTV.com account information with, through or by any other means identified on an Application. In addition, that Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application’s access to your ThrottleTV.com account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by ThrottleTV.com. While these Applications may utilize ThrottleTV.com trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not ThrottleTV.com, unless otherwise indicated by ThrottleTV.com. ThrottleTV.com DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account, ThrottleTV.com will place a cookie (a small text file) on any computer from which you access the ThrottleTV.com. When you revisit the ThrottleTV.com web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the ThrottleTV.com website.
If you find that you're a victim of identity theft and it involves a ThrottleTV.com account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. ThrottleTV.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ThrottleTV.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of ThrottleTV.com or by the automated processes of ThrottleTV.com.
Disclaimers of Warranties and Limitations on Liability
THE ThrottleTV.com SERVICE, INCLUDING ALL DVDS, FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ThrottleTV.com SERVICE, THE WEBSITE AND ITS CONTENTS. ThrottleTV.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ThrottleTV.com SERVICE, INCLUDING SHIPMENT OF DVDS AND USE OF OUR WATCH INSTANTLY FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ThrottleTV.com MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE ThrottleTV.com SERVICE, INCLUDING OUR WATCH INSTANTLY FUNCTIONALITY, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE ThrottleTV.com SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. ThrottleTV.com SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE AND ANY DEVICES AS SET FORTH IN THE ThrottleTV.com READY DEVICES SECTIONS ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the ThrottleTV.com service; (ii) errors or omissions in the content (including DVDs) delivered by the ThrottleTV.com service or on the ThrottleTV.com website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the ThrottleTV.com service and/or website, including availability of our watch instantly functionality; (vi) delivery and or display of any content contained on the ThrottleTV.com website or through the ThrottleTV.com service, including any movies via our watch instantly functionality or DVDs; and (vii) any losses or damages arising from the use of the content provided on the ThrottleTV.com website or the ThrottleTV.com service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service or any conduct by users of the ThrottleTV.com service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the ThrottleTV.com service or the descriptions of any movie content contained on our website. We do not represent or guarantee that your use of the ThrottleTV.com service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ThrottleTV.com or its affiliated parties.
In no event shall ThrottleTV.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the ThrottleTV.com website, its contents or the ThrottleTV.com service, including any DVDs, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the ThrottleTV.com service, including any DVDs, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Functionality Compatibility

ThrottleTV.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ThrottleTV.com READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR WATCH INSTANTLY FUNCTIONALITY.
Intellectual Property

All content included on the ThrottleTV.com Web site and delivered to members as part of the service, including DVDs, movies you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of ThrottleTV.com , Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of ThrottleTV.com, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ThrottleTV.com, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the ThrottleTV.com website, not to insert any code or product or manipulate the content of the ThrottleTV.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ThrottleTV.com reserves the right to terminate your membership hereunder if ThrottleTV.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us, the unauthorized use of our instant watching movie feature, the ThrottleTV.com Movie Viewer Software or the copying or other unauthorized use of our proprietary content. ThrottleTV.com does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of the ThrottleTV.com service, including DVDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the ThrottleTV.com website.

Trademarks

ThrottleTV.com and Friends are registered trademarks of ThrottleTV.com The ThrottleTV.com logo, ThrottleTV.com, Profiles, and CineMatch are trademarks or service marks of ThrottleTV.com. The ThrottleTV.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ThrottleTV.com. The trademarks, service marks and trade dress of ThrottleTV.com may not be used or reproduced without prior written approval from ThrottleTV.com and may not be used in connection with any product or service that is not affiliated with ThrottleTV.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ThrottleTV.com, or in any manner that disparages or discredits ThrottleTV.com. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, ThrottleTV.com.) Other trademarks that appear on the ThrottleTV.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThrottleTV.com. Any images of persons or personalities contained on the ThrottleTV.com website are not an indication or endorsement of ThrottleTV.com or any particular product or our service unless otherwise indicated.
Entertainment and Website Content
We distribute movie entertainment and we reserve the right to display and promote the filmed entertainment or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the ThrottleTV.com website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the ThrottleTV.com website are those of the respective authors or producers and not of ThrottleTV.com, or its shareholders, directors, officers, or employees. Under no circumstances shall ThrottleTV.com, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the ThrottleTV.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ThrottleTV.com website.
Use of Information Submitted
ThrottleTV.com, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to ThrottleTV.com, including responses to questionnaires or through postings to the ThrottleTV.com website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ThrottleTV.com website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note ThrottleTV.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ThrottleTV.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against ThrottleTV.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, movie availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the ThrottleTV.com, you consent to receiving electronic communications from ThrottleTV.com. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with ThrottleTV.com and you receive them as part of the ThrottleTV.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the ThrottleTV.com Website
By accessing the ThrottleTV.com website, you agree to use the ThrottleTV.com service, including all DVDs, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit 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 associated with the ThrottleTV.com website. You also agree not to interfere with the servers or networks connected to the ThrottleTV.com website or to violate any of the procedures, policies or regulations of networks connected to the ThrottleTV.com website. You also agree not to impersonate any other person while using the ThrottleTV.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the ThrottleTV.com website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the ThrottleTV.com service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While ThrottleTV.com does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, our DVD website, including content viewed through our instant watching functionality, are for your personal and non-commercial use only and we grant you a limited license to access the website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the website, including but not limited to information contained within a member or members’ Queue, without our express written consent. ThrottleTV.com does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ThrottleTV.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the ThrottleTV.com name or trademarks without our express written consent. Any unauthorized use of the ThrottleTV.com website or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links and Pages
Some of the hyperlinks on the ThrottleTV.com website may lead to other websites or Applications that are not controlled by, or affiliated with, ThrottleTV.com In addition, other websites may link to the ThrottleTV.com website or ThrottleTV.com may include links to the websites of businesses, including those that have associations with us through certain programs. For example, ThrottleTV.com may include pages that display and provide information on Applications, ThrottleTV.com ready devices or other products. These pages may provide links to third party sites where ThrottleTV.com members may obtain or purchase such Applications and devices. ThrottleTV.com has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that ThrottleTV.com is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and " ThrottleTV.com Ready Devices".
Claims of Copyright Infringement
It is the policy of ThrottleTV.com to respect the intellectual property rights of others. ThrottleTV.com does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the ThrottleTV.com website, or know of someone who is making unauthorized use of the content of the ThrottleTV.com website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the ThrottleTV.com website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. ThrottleTV.com shall have the right to terminate the account of any member who posts infringing material.