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Terms of Service

Welcome to our website located at http://www.thetvdb.com (the “Site”), along with the services provided alongside the Site (the “Services”). The Services are operated by Whip Networks, Inc. and/or its corporate affiliates ("we," "us" and "our") and allow you to: (a) participate in interactive features that we may make available from time to time through the Site; (b) If authorized, access the TVDB Application Program Interface (”API”) for metadata relating to television and film content (the “Data”); (c) upload data to the Site; or (d) simply view this Site (collectively, the "Services"). These Terms of Service form an agreement that governs your permitted use of the Site and the Services (this "Agreement"). 

If you are using the Services on behalf of a company or another entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to us if you violate these Terms. All references to “you” or “your” in these Terms shall refer to that entity, along with its employees and contractors.

YOU ACCEPT THIS AGREEMENT BY USING THIS SITE AND/OR THE SERVICES IN ANY MANNER. IF YOU DO NOT AGREE TO ALL THESE TERMS THEN DO NOT USE THIS SITE OR THE API.

1. USERS

There are several types of users of the Services (collectively “Users”). Each User may have a different method and reason for using the Services and different obligations may apply to each type of User. The types of Users are: (a) Subscribers; (b) Developers and the companies that employ them; (c) Customers with negotiated terms in addition to these Terms; (d) other visitors to the Site. Whichever type of User you are, when you use this Site, you represent that: (i) any information submitted in the application process or Content that you contribute during your use of the Services (“Contributions”) is truthful and accurate and does not infringe the intellectual property rights of a third party; (ii) you will keep accurate and update your contact information if it changes so that we can contact you; (iii) your use of this Site and the Services do not violate any applicable law or regulation; (iv) you are 13 years of age or older; and (v) you will comply with these Terms of Service. 

2. LICENSES

General License to All Users. Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, license, with no right to sub-license or create derivative works, to access and use the Site and Content solely for your personal, non-commercial use on computers and/or devices that you own or control. 

Restrictions to General License. This license is subject to you: (a) not copying our software; (b) not removing, modifying or obscuring any copyright, trademark, or other proprietary rights notices on the Service; (c) not reverse engineering, decompiling, or disassembling the Service; and (d) not accessing, creating or modifying the source code of the Service in any way. We reserve any and all rights not expressly granted to you pursuant to this Agreement. The limited rights granted to you to access and use the Service comprise a limited license and do not constitute the sale of any software program. You alone are responsible for any costs you incur to access the Internet.

License and Conditions to the API. Subject to the terms and conditions of these Terms, if you are a User that has been granted access to the API, we grant you a worldwide, non-exclusive, non-transferable, revocable and limited license to access and use the API solely for the product or project for which you have been provided access, as reflected in the information that you provided to us prior to being provided with the API key and, if applicable, PIN (the “Product”).  You authorize us to monitor your use of the API in order to (a) operate and improve the API, and (b) ensure your compliance with the terms and conditions. You acknowledge that we may update or revise the API from time to time. You are responsible for making any changes to your Product required as a result of any updates and revisions to the API. You are entirely responsible for providing all support and/or technical assistance to any users of your Product (including any issues related to the API).  

Restrictions to API License.  Except as expressly authorized by these Terms with respect to the API, you may not: (i) modify, disclose, alter, translate or create derivative works of the API, or remove or obscure any watermarks or proprietary marks; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the API or the Data; (iii) decompile, disassemble, decode or reverse engineer the API, translate the API or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the API or reduce the API by any other means to a human-perceivable form; (iv) make excessive calls to the API, as determined by us; or (v) use the API or the Data in any unlawful manner, for any unlawful purpose, or in any way inconsistent with these Terms. As stated above, this license does not give you the right to use or display images, trailers or programming associated with the API Content.

THE TERMS OF THE API LICENSE DO NOT GIVE YOU AUTHORIZATION TO USE OR DISPLAY IMAGES, TRAILERS OR PROGRAMMING ASSOCIATED WITH THE API; IF YOU CHOOSE TO USE IMAGES, TRAILERS OR PROGRAMMING, IT IS YOUR RESPONSIBILITY TO SECURE FROM AND PAY TO THE RELEVANT CONTENT OWNERS ANY AND ALL RIGHTS AND PAYMENTS YOU REQUIRE SPECIFIC TO YOUR PRODUCT.

3.  CONTRIBUTIONS

Obligations. If you supply Contributions to the Site or Services, you are entirely responsible for your Contributions to the Services. If you receive a credit toward a Subscription or other complimentary access to the Services in exchange for your Contributions, you acknowledge that we have no continuing obligation to provide any such benefits beyond what has been committed to you in writing, and you may be required to pay for access in the future. When you create or make available a Contribution, you represent and warrant that you:

  1. (a) own or have sufficient rights to post your Contributions on or through the Services;
  2. (b) will not post Contributions that violate our or any other person’s privacy rights, publicity rights, Intellectual Property Rights (including without limitation copyrights), confidentiality or contract rights;
  3. (c) have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owed any person by reason of Contributions that you post to or through the Services;
  4. (d) will not post or submit Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
  5. (e)  will not post or submit Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
  6. (f) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
  7. (g)  will not post or submit Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others. computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
  8. (h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
  9. (i) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

Grant of License to Us for Contributions

We do not claim any ownership right in the Contributions that you post on or through the Services. After posting your Contributions, you continue to retain any rights you may have in your Contributions, if any, including any Intellectual Property Rights or other proprietary rights associated with your Contributions, subject to the license you grant to us. By making a Contribution to this Site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that neither we nor anyone who directly or indirectly receives the Contribution from us are required to pay you to use your Contribution), sublicensable (so that we can distribute the Contributions to third parties, regardless of whether through the Services, through our other products, or through other sites or products offered by our affiliates) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Services and other websites and businesses, or the promotion thereof, in any media formats and through any media channels now known or hereafter devised.

If you provide us with any feedback (e.g., suggested improvements, corrections, etc.) about the Site or Services (“Feedback”), you assign all right, title and interest in and to such Feedback to us and acknowledge that we will be entitled to use, including without limitation, implement and exploit, any such Feedback in any manner without any restriction or obligation. You further acknowledge and agree that we are not obligated to act on such Feedback.

4. ACCOUNT 

We may ask you to create a username and password, and if you receive access to the API, you may receive an API key and/or PIN. You are responsible for maintaining the confidentiality of your account password, and API key, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. When you use the Site or Services we ask you to use the Site and/or Services in a reasonable way that does not negatively affect other Users ability to use the Site or Services.

5. OUR INTELLECTUAL PROPERTY RIGHTS

Content on this Site ("Content"), along with trademarks, service marks, and logos contained on this Site ("Marks''), is owned by or licensed to us and is subject to Intellectual Property Rights under United States and foreign laws and international conventions. As between you and us, we own all worldwide right, title and interest in and to the Services, API and the Data, and any and all Intellectual Property Rights embodied therein or related thereto. You agree not to do anything inconsistent with such ownership. Permission to use content or materials for your Product beyond the API and Data (including for images) must be sought from the appropriate content owner. We reserve all rights not expressly granted in and to the Services, the API, and the Content. You agree that you will not circumvent, disable or otherwise interfere with security related features of the API or this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in writing. There are no implied rights, and we reserve all rights not expressly granted under these Terms. “Intellectual Property Rights'' as used in these Terms, means any and all patents, copyrights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including associated applications and registrations, and all associated moral rights. 

6. SUBSCRIPTION SERVICES

Certain features of the Services may require a subscription which may be charged in advance or periodically (the “Subscription Services”). For all Subscription Services, we will charge your payment method through our payment processor. If you purchase Subscription Services, you agree that your subscription is personal to you, and you may not share your account, password, or PIN with others. Any such sharing is a violation of these Terms of Service and may result in the cancellation of your subscription without refund. Most subscriptions will automatically renew at the end of the subscription period with a charge to the credit card that our payment processor has on file for you. You will be notified in advance of that renewal. For all subscription plans, if you do not wish your subscription to renew, you may cancel at any time through your account. We will not refund any unused or inadvertently renewed subscriptions, and it is always within our sole discretion whether to grant any refunds. 

Payment. When you pay for a subscription, our payment processor will take your credit card or other payment information and billing address and will collect and use such information in accordance with its Privacy Policy. If your designated payment method is refused or returned, you acknowledge that we may immediately cancel your subscription. Prices and payments are in United States currency only, and you are responsible for paying any applicable taxes on the subscription, unless stated otherwise. We reserve the right to change fees and any new subscription fees will apply after the end of your current subscription period.

7. MANAGEMENT OF THE SERVICES

Our Site Management. We may, but are not required to: (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable any Contribution or any portion thereof without prior notice to you; and/or (d) manage this Site and the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site.

Our Right to Terminate Users. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to or use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation.

8. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or as part of the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to our designated copyright agent at Whip Networks, Inc. c/o Copyright Agent, 1841 Centinela Ave., Santa Monica, CA 90404, or by email to: dmca@thetvdb.com.

a.The date of your notification;

b.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

c.A description of the copyrighted work claimed to have been infringed;

d.A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

e.Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

f.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; and

g.A statement that the information in the notification is accurate, and provided under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will respond expeditiously to claims of copyright infringement using the Services that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. We reserve the right to remove User Content and Contributions alleged to be infringing at any time without prior notice and at our sole discretion.

Counter-Notices. If you believe that User Content or Contributions that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content or Contributions, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

i.Your name, address, telephone number, and email address and the date of your notification;

ii.A description of the content that has been removed and the location at which the content appeared before it was removed;

iii.A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

iv.A statement that the information in the notification is accurate, and provided under penalty of perjury. 

9. MODIFICATIONS

We may modify this Agreement from time to time by posting an updated version here and/or by notifying you through your account or by asking you to review and agree to a new set of terms.  Your responsibility is to read this Agreement carefully and review any changes that may have been made. Your continued use of this Site or the Services after the changes constitutes your agreement to abide by any such modifications.

10. THIRD PARTY SITES

This Site and Services  may contain links to other websites ("Third Party Sites"). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on this Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THIS SITE OR A LINK LOCATED ON THIS SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

11. DISPUTES BETWEEN USERS

Users are solely responsible for their conduct. You agree that we cannot be liable for any dispute that arises between you and any other User. We may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than us found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

12. DISPUTES WITH US, CHOICE OF LAW AND FORUM

By using the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us (or any of our affiliates). You agree not to commence or prosecute any action in connection with your use of these Services other than in the state  or federal courts located in Los Angeles County, California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of California. The Convention for the International Sale of Goods shall not apply.

13. DISCLAIMERS

ALL CONTENT, CONTRIBUTIONS, DATA OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE BY US OR VIA THE API ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. By operating this Site and the Services, We do  not represent or imply that we endorse any Contributions or any Content or other Materials or items available on or linked to by this Site, including without limitation, content hosted on Third Party Sites, or that we believe Contributions, Data or Content or any other Materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of this Site, the Data or these Services. No advice or information, whether oral or written, obtained by you from us or this Site shall create any warranty not expressly stated In this Agreement. YOU AGREE THAT YOUR USE OF THIS SITE, THE API AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE, THE CONTENT AND THE SERVICES, AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE, THE API OR THE SERVICES’ CONTENT, THE CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS IN THE SERVICES, ON THIS SITE OR LINKED TO BY THIS SITE. MORE SPECIFICALLY, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, CONTRIBUTIONS AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THE API, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE OR THE API BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTRIBUTIONS, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, CONTRIBUTIONS, OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF ANY DATA (INCLUDING CONTENT) OR FOR LOSS OF USE OF THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITED LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SERVICES, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $500.

15. INDEMNITY

You agree to indemnify and hold us, our affiliates, licensees and licensors and our and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contributions or Content you post to the Services, your use of the Services, the API, the Contributions, or Materials in violation of these Terms of Service and/or arising from a breach by you of these Terms of Service and/or any breach of your representations and warranties set forth above.

16. MISCELLANEOUS

Entire Agreement. These Terms of Service (and our Privacy Policy) constitute the entire agreement between you and us regarding the use of this Site and the Services and supersedes any prior or contemporaneous understandings, terms and agreements between you and us related to the subject matter hereof.

Independent Contractors.  Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

No Third Party Beneficiaries. These Terms of Service are between you and us. There are no third-party beneficiaries.

Section Titles. The section titles are for convenience only and have no legal or contractual effect.

Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

Severability.  This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.

Any notice to be sent to you under this Agreement may be sent via your account or by email, post, or any other reasonable means, at the contact information provided by you. It is your obligation to insure that this information is current.

This Agreement was last updated on: October __, 2020.