Terms of Service
Last Updated: January 2025
1. Acceptance of Terms
Welcome to 3 Hmong Broadcasting Company, operating as HBCTV ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, broadcast content, digital platforms, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
2. Description of Services
3 Hmong Broadcasting Company is a television broadcasting company serving the Hmong community in Minnesota and beyond. Our Services include:
- Television broadcasting of news, entertainment, and cultural programming
- Online video content and streaming services
- Website and digital platform access
- Community event coverage and promotion
- Advertising and sponsorship opportunities
- Newsletter and communication services
3. User Eligibility
Our Services are intended for users who are at least 13 years of age. If you are under 18, you may use our Services only with the involvement of a parent or guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.
4. User Accounts
Certain features of our Services, such as the advertiser portal, may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
5. Intellectual Property Rights
5.1 Our Content
All content on our Services, including but not limited to broadcasts, videos, text, graphics, logos, images, audio, and software, is the property of 3 Hmong Broadcasting Company or our licensors and is protected by copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:
- Modify, copy, or distribute our content without written permission
- Use our content for commercial purposes without a licensing agreement
- Record, rebroadcast, or retransmit our television programming
- Remove any copyright, trademark, or other proprietary notices
- Use our trademarks, logos, or branding without authorization
5.3 Broadcast Content
Our television broadcasts and video content are protected by copyright. Unauthorized recording, reproduction, rebroadcasting, or public performance of our content is strictly prohibited and may violate federal law, including the Copyright Act and FCC regulations.
6. User Conduct
When using our Services, you agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Submit false, misleading, or fraudulent information
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the operation of our Services
- Attempt to gain unauthorized access to our systems or networks
- Use automated systems (bots, scrapers) to access our Services without permission
- Transmit viruses, malware, or other harmful code
- Harass, threaten, or harm other users or our staff
- Submit content that is defamatory, obscene, or offensive
- Use our Services for any illegal or unauthorized purpose
7. User Submissions
If you submit content to us, including but not limited to comments, feedback, story ideas, or materials through our contact forms or other channels, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content in connection with our Services and business operations.
You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.
8. Advertising and Sponsorship
8.1 Advertising Services
We offer advertising opportunities on our television broadcasts and digital platforms. Advertising arrangements are subject to separate advertising agreements and our advertising policies.
8.2 Advertiser Responsibilities
Advertisers agree to:
- Provide truthful and non-deceptive advertising content
- Comply with all applicable advertising laws and FCC regulations
- Obtain necessary rights and clearances for all advertising materials
- Not submit advertising that infringes on third-party intellectual property
- Comply with our content guidelines and standards
8.3 FCC Compliance
As a broadcaster regulated by the Federal Communications Commission, we comply with FCC rules regarding advertising, including sponsorship identification requirements, political advertising rules, and restrictions on certain types of advertising content.
9. Third-Party Content and Links
Our Services may contain links to third-party websites, content, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content or services.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content available through our Services.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3 HMONG BROADCASTING COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless 3 Hmong Broadcasting Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, or your violation of any rights of a third party.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Ramsey County, Minnesota, and you consent to the personal jurisdiction of such courts.
14. Termination
We reserve the right to suspend or terminate your access to our Services at any time, for any reason, without notice or liability. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and 3 Hmong Broadcasting Company regarding your use of our Services.
18. Contact Information
If you have any questions about these Terms of Service, please contact us at:
3 Hmong Broadcasting Company (HBCTV)
475 Etna St Ste 8
St Paul, MN 55106
Phone: (651) 442-7698
Email: info@hbctv.net
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.