1. Your Acceptance

A.     By using or visiting the Reality Check TV website or any Reality Check TV products, software, data feeds, and by appearing on the Show provided to you on, from, or through the Reality Check TV website (collectively the "Show") you signify your agreement to (1) these terms and conditions (the "Terms of Show"), (2) Privacy Policy, and incorporated herein by reference, and (3) Reality Check TV's Community Guidelines and also incorporated herein by reference. If you do not agree to any of these terms, the Privacy Policy, or the Community Guidelines, please do not use the Show.

B.     Although we may attempt to notify you when major changes are made to these Terms of Show, you should periodically review the most up-to-date version

C.     Reality Check TV may, in its sole discretion, modify or revise these Terms of Show and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Show shall be deemed to confer any third-party rights or benefits.

2. Show

A.     These Terms of Show apply to all users of the Show, including users who are also contributors of Content on the Show. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interviews and other materials you may view on, access through, or contribute to the Show. The Show includes all aspects of Reality Check TV, including but not limited to all products, software and Shows offered via the Reality Check TV website, such as the Reality Check TV channels, the Reality Check TV "Cable TV Show," the Reality Check TV "Blog" and other applications.

B.     The Show may contain links to third party websites that are not owned or controlled by Reality Check TV. Reality Check TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Reality Check TV will not and cannot censor or edit the content of any third-party site. By using the Show, you expressly relieve Reality Check TV from any and all liability arising from your use of any third-party website.

C.     Accordingly, we encourage you to be aware when you leave the Show and to read the terms and conditions and privacy policy of each other website that you visit.

3. Reality Check TV Guest Policy

A.     In order to appear on a Reality Check TV you gave us permission to capture your image, voice, music, sound and comments. Permission is irrevocable and binding. You are solely responsible for the activity that occurs during your appearance on Reality Check TV.

B.     Although Reality Check TV will not be liable for your losses caused by your appearance on the show, you may be liable for the losses of Reality Check TV or others due to such appearance.

C.     Use of your original music (live band recordings, music video clips, any original music captured as part of a segment) was granted by you, your management, record label, or other owner or representative of said content. Permission to use portions of recorded or live renditions of musical compositions was granted by you in exchange for promotion. Permission is irrevocable and binding.

D.     You acknowledge that incidental and background music that my have been captured on video is a normal part of on location video capture. Reality Check TV has no control over music that may have been present on a public address system, venue sound system, radio, television or any other device that was present during video capture that was distributing copyrighted content. You will hold Reality Check TV indemnified from any infringement or claim from background sounds. You agree that his clause includes images, logos, video, written words, books and any and all media that may appear in the background of any segment of any Reality Check TV.

E.     You have (60) days of a posting or airing of a Show to file a complaint or request a take down of a clip where you appear. After the (60) day's grace period Reality Check TV is under no obligation to honor take down requests or consider any copyright claims. We take each request on a case-by-case basis, therefore if you have a complaint, take down request or copyright infringement request contact hk@realitychecktv.com.

4. General Use of the Show—Permissions and Restrictions

Reality Check TV hereby grants you permission to access and use the Show as set forth in these Terms of Show, provided that:

A.     You agree not to distribute in any medium any part of the Show or the Content without Reality Check TV's prior written authorization, unless Reality Check TV makes available the means for such distribution through functionality offered by the Show (such as an Embeddable Player).

B.     You agree not to alter or modify any part of the Show.

C.     You agree not to access Content through any technology or means other than the video playback pages of the Show itself or other explicitly authorized means Reality Check TV may designate.

D.     You agree not to use the Show for any of the following commercial uses unless you obtain Reality Check TV's prior written approval:

The sale of access to the Show; The sale of advertising, sponsorships, or promotions placed on or within the Show or Content; or The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Show, unless other material not obtained from Reality Check TV appears on the same page and is of sufficient value to be the basis for such sales.

E.     Prohibited commercial uses also include: Uploading an original Reality Check TV and editing it into your video; Showing Reality Check TV videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or ny use that Reality Check TV expressly forbids in writing.

F.     If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Reality Check TV website.

G.     In your use of the Show, you will comply with all applicable laws.

H.     Reality Check TV reserves the right to discontinue any aspect of the Show at any time.

5. Your Use of Content

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

A.     The Content on the Show, and the trademarks, Show marks and logos ("Marks") on the Show, are owned by or licensed to Reality Check TV, subject to copyright and other intellectual property rights under the law.

B.     Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Show and as permitted under these Terms of Show. You shall not download any Content unless you see a “download” or similar link displayed by Reality Check TV on the Show for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Reality Check TV or the respective licensors of the Content. Reality Check TV and its licensors reserve all rights not expressly granted in and to the Show and the Content.

C.     You agree not to circumvent, disable or otherwise interfere with security-related features of the Show or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Show or the Content therein.

D.     You understand that when using the Show, you will be exposed to Content from a variety of sources, and that Reality Check TV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Reality Check TV with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Reality Check TV, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Show.

6. Your Content and Conduct

A.     Reality Check TV does not guarantee any confidentiality with respect to any Content you submit.

B.     You shall be solely responsible for your own Content that you offer to Reality Check TV. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Reality Check TV all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Show pursuant to these Terms of Show.

C.     For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Reality Check TV, you hereby grant Reality Check TV a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Show and Reality Check TV's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Show (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Show a non-exclusive license to access your Content through the Show, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Show and under these Terms of Show. The above licenses granted by you in video Content you submit to the Show terminate within a commercially reasonable time after you remove or delete your videos from the Show. You understand and agree, however, that Reality Check TV may retain server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D.     You further agree that Content you submit to the Show will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Reality Check TV all of the license rights granted herein.

E.     You further agree that you will not submit to the Show any Content or other material that is contrary to the Reality Check TV Community Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F.     Reality Check TV will process any audio or audiovisual content submitted by you to the Show in accordance with the Reality Check TV Data Processing Terms

G.     Reality Check TV does not endorse any Content submitted to the Show by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Reality Check TV expressly disclaims any and all liability in connection with Content. Reality Check TV does not permit copyright infringing activities and infringement of intellectual property rights on the Show, and Reality Check TV will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Reality Check TV reserves the right to remove Content without prior notice.

7. Termination Policy

A.     Reality Check TV reserves the right to decide whether Content violates these Terms of Show for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Reality Check TV may at any time, without prior notice and in its sole discretion, remove such Content.

8. Digital Millennium Copyright Act

A.     If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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

o     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

o     Identification of 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 and information reasonably sufficient to permit the Show provider to locate the material;

o     Information reasonably sufficient to permit the Show provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

o     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

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

You may direct copyright infringement notifications to our DMCA Agent at hk@realitychecktv.com . You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SHOWS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REALITY CHECK TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SHOWS AND YOUR USE THEREOF. REALITY CHECK TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SHOWS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SHOWS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SHOWS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHOWS. REALITY CHECK TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SHOW ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHOWS OR ANY HYPERLINKED SHOWS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REALITY CHECK TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SHOWS. AS WITH THE PURCHASE OF A PRODUCT OR SHOW THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL REALITY CHECK TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SHOWS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SHOWS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SHOWS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHOWS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT REALITY CHECK TV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Show is controlled and offered by Reality Check TV from its facilities in the United States of America. Reality Check TV makes no representations that the Show is appropriate or available for use in other locations. Those who access or use the Show from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Reality Check TV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Show; (ii) your violation of any term of these Terms of Show; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Show and your use of the Show.

12. Ability to Accept Terms of Show

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Show, and to abide by and comply with these Terms of Show. In any case, you affirm that you are over the age of 13, as the Show is not intended for children under 13. If you are under 13 years of age, then please do not use the Show. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Show, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Reality Check TV without restriction.

14. General

You agree that: (i) the Show shall be deemed solely based in California; and (ii) the Show shall be deemed a passive website that does not give rise to personal jurisdiction over Reality Check TV, either specific or general, in jurisdictions other than California. These Terms of Show shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Reality Check TV that arises in whole or in part from the Show shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Show, and any other legal notices published by Reality Check TV on the Show, shall constitute the entire agreement between you and Reality Check TV concerning the Show. If any provision of these Terms of Show is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Show, which shall remain in full force and effect. No waiver of any term of this these Terms of Show shall be deemed a further or continuing waiver of such term or any other term, and Reality Check TV's failure to assert any right or provision under these Terms of Show shall not constitute a waiver of such right or provision. Reality Check TV reserves the right to amend these Terms of Show at any time and without notice, and it is your responsibility to review these Terms of Show for any changes. Your use of the Show following any amendment of these Terms of Show will signify your assent to and acceptance of its revised terms. YOU AND REALITY CHECK TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHOWS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.