Terms of Use

Your use of the LinkTo.tv website (the "Website") and any products, software and services provided to you on or from the Website by LinkTo.tv (collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and LinkTo.tv. LinkTo.tv is licensed by markettiers4dc limited (the "Company" and referred to as markettiers4dc in this document), a private limited company incorporated under the laws of England and Wales with its registered office and principal place of business at Northburgh House, 10a Northburgh Street, London, EC1V OAT (Co. Reg No. 4308785).

Your legal agreement with How To TV is made up of the terms and conditions and privacy policy as set out in this document (collectively called the "Terms").

The Terms form a legally binding agreement between you and How To TV in relation to your use of the Services. It is important that you take the time to read them carefully.

The Terms apply to all users of the Website.

Any services purchased or otherwise provided from the LinkTo.tv site are subject to the additional terms of any applicable services agreement. These Terms of Use apply to all users of the LinkTo.tv site. Access to and use of this website is provided by How To TV subject to the following terms and conditions.

Acceptance of the Terms

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

You can accept the Terms by simply using the Services. You understand and agree that How To TV will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with How To TV, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

You should print off or save a local copy of the Terms for your records.

Language of the Terms

Where How To TV provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with How To TV.

If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Disclaimer

Although every reasonable effort has been made to ensure that the information on this website is accurate at the time of publication, visitors who use this website and rely on any information, do so at their own risk. How To TV does not warrant its accuracy and disclaims any liability to any third party anywhere in the world for any costs, injury, damage, loss or inconvenience (including, without limitation, those resulting from loss or profits, lost data or business) arising as a consequence of any use of or the inability to use any information on this website to the fullest extent permitted at law.

Copyright and Trade Marks

All materials (including without limitation all articles, videos, text, images, logos etc.) are the sole copyright of How To TV unless identified otherwise.

All rights in these are reserved other than expressly permitted herein: permission is granted to copy electronically and to print hard copy portions of this site only for browsing the How To TV website. Other than such use, no permission is granted including for reproduction, modification, distribution, republication purposes without How To TV's prior written consent. All trademarks, service marks and trade names mentioned in the LinkTo.tv site are the property of How To TV or other respective owners that have granted How To TV the right and licence to use such marks.

How To TV endeavours to ensure that the information on this website is correct but does not accept any liability for error or omission.

Any questions regarding this website should be sent to [email protected]

Links to Third Party Sites

This site contains links to other Internet sites, which are owned/operated by third parties. How To TV is not responsible for the information and content of any such third party site nor of any transactions or communications between you and such sites. If you have any concerns regarding links, content or transactions at such third party sites, please contact the site administrator or webmaster of such third party sites.

Modification

How To TV may modify, update, change, discontinue, add or remove any or all parts of the LinkTo.tv website or these Terms at any time. Changes to these Terms and the LinkTo.tv site will be effective on the date posted on the LinkTo.tv site. When these changes are made, How to TV will make a new copy of the Terms available at http://www.linkto.tv/policy/terms.

You understand and agree that if you use the Services after the date on which the Terms have changed, How To TV will treat your use as acceptance of the updated Terms.

You should check the Terms regularly for changes.

Registration and Privacy

Prior to using LinkTo.tv, we may require certain information to create an individual account. Failure to provide all required data to create an account may prevent access to LinkTo.tv, and failure to maintain accurate account information may result in suspension or termination of access to LinkTo.tv. All account information is the exclusive property of LinkTo.tv. LinkTo.tv shall use commercially reasonable efforts to protect and maintain all data collected in setting up the account in the manner described in the LinkTo.tv Privacy Policy on this site. Users may edit or update their personally identifiable registration data at any time.

Access to an individual account requires a secure, individual password. A user must protect its passwords from disclosure or unauthorized use. In the event of a suspected or actual breach of security related to Linkto.tv, a user must immediately notify LinkTo.tv. Although LinkTo.tv will use commercially reasonable efforts to provide assistance, LinkTo.tv is not liable for any loss or damage resulting from the security of any account or a user's failure to maintain the confidentiality of passwords.

LinkTo.tv may immediately terminate or suspend access to the Linkto.tv website for conduct that includes, without limitation: (a) violation of third party rights such as copyright, trademark and rights of privacy and publicity; (b) violation of Linkto.tv's restrictions on prohibited content; (c) interference with the proper functionality of the LinkTo.tv website; or (d) unlawful conduct in any local, state, federal or foreign jurisdiction.

Use of LinkTo.tv

Users are solely responsible for any and all audio and video materials uploaded to Linkto.tv including, without limitation, video, text, logos, artwork, graphics, pictures, sound and other related intellectual property contained in such materials (collectively, 'Content'). LinkTo.tv is not responsible for the: (1) selection, acquisition, distribution and licensing of the Content in the LinkTo.tv video player; and (2) acquisition and payment of any third party licenses, rights clearances or other permissions needed to use Content in the manner authorised by a user in their account. How To TV has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any Content submitted, uploaded, distributed or retrieved in connection with the use of Linkto.tv. Furthermore, How To TV assumes no responsibility for protecting or enforcing third party rights with respect to Content, including, without limitation, monitoring the Content, determining whether Content is lawful, appropriate or permitted by third parties, for libel, falsehoods, errors or omissions contained in Content or compliant with governmental regulations, or for taking legal action against actual or suspected infringers of Content.

The LinkTo.tv site contains tracking code used by LinkTo.tv to track and capture User activity, which assists LinkTo.tv to optimise certain features and functionality of the LinkTo.tv site. If a user elects, via their account, to aggregate Content on third party sites the user, and not LinkTo.tv, is solely responsible for notifying each such third party site that LinkTo.tv may track information regarding the third party users, solely in connection with their access of User Content.

General restrictions on use

How To TV hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  • you agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without How To TV 's prior written authorisation;
  • you agree not to alter or modify any part of the Website or any of the Services (including but not limited to the application and its related technologies);
  • you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that enforce limitations on use of the Website or the content accessible on the Website;
  • you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the How To TV servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
  • you agree not to collect or harvest any personal data of any user of the Website or any Service.

You agree that you will comply with all of the other provisions of the Terms and at all times during your use of the Services.

How To TV is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which How To TV provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that How To TV may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at How To TV's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform How To TV when you stop using the Services.

You agree that you are solely responsible for (and that How To TV has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which How To TV may suffer) of any such breach.

Copyright Infringement Notifications Procedure

How To TV respects the intellectual property rights of others and expects users of LinkTo.tv to do the same. How To TV will respond expeditiously to claims of potential copyright infringement committed using Linkto.tv. Copyright owners or a party authorised to act on behalf of an owner, should please report potential copyright infringement using the Contact Form on this website. Upon receipt, How To TV will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's account.

How To TV reserve the right to terminate user access to the Website where a user has infringed the copyright of another copyright owner or holder.

Please send either an email to [email protected], a facsimile to: +44 (207) 253 8888 (Attn: LinkTo.tv Copyright Infringement Notification), or letter to the address provided below with all of the following information:

  • Identify the copyrighted work claimed to have been infringed
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled - please providing URLs in the body of an email to help How To TV locate the content
  • Provide your contact information (address, telephone number, and email).
  • Provide a statement that you, as the complaining party, or as one who has authorisation to act on behalf of the copyright owner, has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Provide your full legal name and your electronic or physical signature.

Such written notice should be sent to How To TV as follows:

How To TV
Attn: LinkTo.tv Copyright Infringement Notification
10 Northbugh Street
London
EC1V 0AT
UK

Copyright Infringement Counter-Notification

To file a counter-notification with How To TV, a written communication that sets forth the items specified below must be provided.

Elements of Counter-Notification

To file a Counter-Notification, please send either an email to [email protected], a facsimile to: +44 (207) 253 8888 (Attn: LinkTo.tv Copyright Infringement Counter-Notification), or letter to the address provided below with all of the following information:

  • Identify the specific URLs of material that LinkTo.tv has removed or to which LinkTo.tv has disabled access
  • Provide your full name, address, telephone number, and email address, and the username of the account
  • Provide a statement that you will accept service of process from the person who provided notification or an agent of such person
  • Provide a statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
  • Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Such written notice should be sent to How To TV as follows:

How To TV
Attn: LinkTo.tv Copyright Infringement Notification
10 Northbugh Street
London
EC1V 0AT
UK

After How To TV receives a counter-notification, How To TV will forward it to the party who submitted the original claim of copyright infringement. Please note that when How To TV forwards the counter-notification, it will includes any personal information provided to How To TV and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. How To TV will not forward the counter-notification to any party other than the original claimant.

After How To TV sends out the counter-notification, the claimant must then notify How To TV within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the LinkTo.tv site. If How To TV receives such notification, How To TV will be unable to restore the content to the LinkTo.tv site until resolution of any court action. If How To TV does not receive such notification, How To TV may, at its sole discretion, reinstate the content.

Prohibited Conduct

The LinkTo.tv site may not be used to intentionally or unintentionally violate any applicable local, state, national or international law.

  • Users agree to comply with all applicable laws, rules and regulations that apply to their use of the LinkTo.tv site. Users, and not How To TV, shall be responsible for ensuring that their use of the LinkTo.tv site does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including the transmission of copyrighted, trademarked Content or personally identifiable information or controlled technical data.
  • Users shall not use the LinkTo.tv site to upload, download, post, e-mail, transmit, transfer, distribute, display or link to Content that: (a) promotes illegal activity, or provides instructions for illegal activity; (b) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (c) it does not have the right to use for the purposes of this Agreement; (d) is unlawful, harmful, threatening, abusive, violent, harassing, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (e) infringes the intellectual property or proprietary rights of any third party; (f) is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants; (g) directly or indirectly is used for "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; and (h) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the Linkto.tv site (collectively, the "Prohibited Content").

Limitation of Liability

Nothing in these Terms shall exclude or limit How To TV's liability for losses which may not be lawfully excluded or limited by applicable law.

Subject to the overall provision in paragraph 13.1 above How To TV shall not be liable to you for:

  • any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
  • any loss or damage which may be incurred by you as a result of:
    • any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
    • any changes which How To TV may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
    • the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
    • your failure to provide How To TV with accurate account information;
    • your failure to keep your password or How To TV account details secure and confidential.

The limitations on How To TV's liability to you in the paragraph 13.2 above shall apply whether or not How To TV has been advised of or should have been aware of the possibility of any such losses arising.

Exclusion of Warranties

Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

The Services are provided "as is" and How To TV makes no warranty or representation to you with respect to them.

In particular How To TV does not represent or warrant to you that:

  • your use of the Services will meet your requirements,
  • your use of the Services will be uninterrupted, timely, secure or free from error,
  • any information obtained by you as a result of your use of the Services will be accurate or reliable, and
  • that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

14.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

Termination

The Terms will continue to apply until terminated by either you or How To TV as set out below.

If you want to terminate your legal agreement with How To TV, you may do so by (a) notifying How To TV at any time and (b) closing your LinkTo.tv account. Your notice should be sent, in writing, to How To TV's address which is set out at the beginning of these Terms.

How To TV may at any time, terminate its legal agreement with you if:

  • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • How To TV is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • How To TV is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
  • the provision of the Services to you by How To TV is, in How To TV 's opinion, no longer commercially viable.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and How to TV have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

Jurisdiction

These terms and conditions shall be governed and construed in accordance with the laws of England and Wales and any disputes arising hereunder shall be subject to the exclusive jurisdiction of the Courts of England and Wales. Notwithstanding this, you agree that How To TV shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

General legal terms

The Terms constitute the whole legal agreement between you and How To TV and govern your use of the Services and completely replace any prior agreements between you and YouTube in relation to the Services.

You agree that How To TV may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the LinkTo.tv website.

You agree that if How To TV does not exercise or enforce any legal right or remedy which is contained in the Terms (or which How To TV has the benefit of under any applicable law), this will not be taken to be a formal waiver of How To TV's rights and that those rights or remedies will still be available to How To TV.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

You acknowledge and agree that any successors shall be third party beneficiaries to the Terms and that such other parties shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them.

The Terms, and your relationship with How To TV under the Terms, shall be governed by English law. You and How to TV agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that How To TV shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.