PLEASE NOTE THAT THE ARBITRATION SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
This site has been created for your personal enjoyment and entertainment. By visiting the Site, you accept and agree to be bound by these Terms of Use, including any future modifications, which constitute an agreement ("Agreement") between you and the Company and to abide by all applicable laws, rules and regulations (collectively, "Applicable Law"). Please read this Agreement carefully. Company reserves the right to modify or amend this Agreement without notice at any time, and such modification(s) will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site and/or Company Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by Applicable Law, you must immediately leave the Site and discontinue your use of Company Services. Your access to certain Site features may require you to accept additional terms and conditions applicable to such features, in addition to this Agreement, and may require you to download Software or Content (each as defined below) and additional terms may apply. Any questions or comments regarding, or problems with, the Site should be sent to the Site Administrator.
ELIGIBILITY AND USER PROTECTION OF LOG-IN INFORMATION
Use of the Site and Company Services is limited to users 13 years of age and older that are
residents of the United
States. Any registration information you submit to create an account must be accurate, complete and
kept updated. You
are responsible for maintaining the confidentiality of your password and are responsible for all use
of your account. It
is therefore critical that you do not share your password with anyone. You agree not to use the
username, email address
or password of another user at any time. You agree to notify Company immediately if you suspect any
unauthorized use of,
or access to, your account or password.
TERM
This Agreement shall remain in full force and effect while you use the site or have an account.
Company may terminate
your subscription at any time, without warning. Even after your account expires or is terminated,
this Agreement will
remain in effect.
CONTENT
The Site and Company Services contain information, text, files, images, images, video, sounds,
musical works, works of
authorship, applications, and any other materials or content (collectively, "Content") owned wholly
by the uploading
user. This content is protected by copyright, trademark, patent, trade secret and other laws,
nestled under the user’s
discretion. User hereby grants Company a limited, revocable, non-sub licensable license to access
and display the
Content solely for viewing on the Site and using the Company Services. The Site and Company Services
may also contain
Content of users and other Company licensors. Except as provided in this Agreement, by prior written
consent of Company,
or as explicitly permitted on the Site or Company Services, you may not copy, download, stream
capture, reproduce,
duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute,
perform, display,
sell or otherwise use any Content appearing on or through the Site and/or Company Services. Requests
for permission to
reproduce or distribute materials found on the Site can be made by contacting Company in writing the
Site Administrator
Further, except as explicitly and expressly permitted by Company, you are strictly prohibited from
creating works or
materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards,
montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from
or are based on the
Content. This prohibition applies regardless of whether the derivative works or materials are sold,
bartered or given
away. You may not either directly or through the use of any device, software, internet site,
web-based service or other
means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other
proprietary notices
marked on the Content or any digital rights management mechanism, device, or other content
protection or access control
measure associated with Content including geo-filtering mechanisms. Furthermore, you may not create,
recreate,
distribute or advertise an index of any significant portion of Content unless authorized in writing
by company. You may
not build a business utilizing Content, whether or not for profit.
USE OF COMPANY SERVICES
The Company Services are offered for your personal use only and may not be used for commercial
purposes. Company
reserves the right to remove commercial content in its sole discretion. You understand that you are
responsible for all
Content that you post, upload, transmit, email or otherwise make available on, through or in
connection with the Company
Services (collectively, "User Content"). Accordingly, please choose carefully the information that
you post on, through
or in connection with the Company Services. If you become aware of misuse of the Company Services,
please report this
immediately to the Company. Company assumes no responsibility for monitoring the Company Services
for inappropriate
Content or conduct. If at any time, Company chooses in its sole discretion to monitor the Company
Services, Company
nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove
any inappropriate
User Content, and no responsibility for the conduct of any user.
You agree NOT to use the Company Services to:
Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful;
abusive; pornographic or
includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of
another's privacy,
publicity, copyright, trademark, patent, trade secret, contract or other rights; false or
misleading; obscene; vulgar;
libelous; hateful; or discriminatory;
Violate the rights of others including patent, trademark, trademark, trade secret, copyright,
privacy, publicity or
other proprietary rights;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer
code, files or
programs that interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications
equipment, or otherwise permit the unauthorized use of or access to a computer or a computer
network;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized
access to the Company
Services, including Company's servers, networks or accounts;
Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
Use technology or any automated system such as scripts or bots in order to collect usernames,
passwords, email addresses
or other data from the Company Services, or to circumvent or modify any security technology or
software that is part of
the Company Services;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk
communications of any
kind through the Company Services. If you do so, you acknowledge you will have caused substantial
harm to Company, but
that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such
harm, you agree to
pay Company $50 for each actual or intended recipient of such communication;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without that person's
consent;
Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without
Company's prior
written consent;
Use the Company Services to advertise or promote competing services;
Use the Company Services in a manner inconsistent with Applicable Law; and/or
Attempt, facilitate or encourage others to do any of the foregoing.
You acknowledge the Company reserves the right to investigate and take appropriate legal action
against anyone who, in
Company's sole discretion, violates this Agreement, including but not limited to, terminating their
user account and/or
reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you
provide, including User
Content, when Company has a good faith belief that such access, preservation or disclosure is
necessary in order to:
- protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements);
- protect the safety and security of Users of the Company Services or members of the public including acting in urgent circumstances;
- protect against fraud or for risk management purposes; or (iv) comply with Applicable Law or the legal process.
PRIVACY
Use of the Company Services is also governed by our Privacy Policy located HERE which is
incorporated into this
Agreement by this reference.
YOUR PROPRIETARY RIGHTS
You shall retain all ownership rights in your User Content. By submitting the User Content, you
hereby grant to, in
perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use,
reproduce, distribute,
prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform
all or any portion
of the User Content for the purpose of representation for the Site whatsoever, throughout the
universe, including,
without limitation, in connection with (i) the Program, including, without limitation, advertising,
marketing,
promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and
redistributing part or
all of the Program (and derivative works thereof), and applications, interactive television, video
on demand and any
other media or technology (including, without limitation, Internet protocol, wireless or interactive
platforms or
interfaces) through which the Company distribute content to end users, whether now existing or
hereafter developed
(together, the “Platforms”), in any and all media formats and through any and all media distribution
and advertising and
promotional purposes, without accounting, notification, credit or other obligation to you. For the
avoidance of doubt,
without limiting the generality of the rights granted to the Company, these rights include, without
limitation, the
absolute right to edit and/or alter any User Content distribute and synchronize all or any portion
of your User Content
in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast,
re-platform, port,
syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode
and decode, and
compress and decompress all or any portion of your User Content; to edit, mix, combine, merge,
distort, superimpose,
create or add special effects, illusions and/or other material to or of all or any portion of your
User Content; to
create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or
voice reproductions
from all or a portion of your User Content; and to excerpt and/or extract portions of your User
Content in order to
host, store, index, categorize and display your User Content on or through the Platforms.
THIRD PARTY LINKS, SERVICES AND ADVERTISING
Company may provide, or third parties may provide, links to other websites, social media services,
applications,
resources or other services created by third parties ("Third Party Services"). When you engage with
the Third Party
Service, you are interacting with the third party, not with Company. If you choose to use a Third
Party Service and
share information with it, the Third Party Services may use and share your data in accordance with
the Third Party
Service's privacy policy and your privacy settings on such Third Party Service. In addition, the
third party providing
the Third Party Service may use other parties to provide portions of the application or service to
you, such as
technology, development or payment services. Company is not responsible for the content or practices
of any websites
other than the Site, even if the website links to the Site and even if it is operated by an
affiliated company or
company otherwise connected with the Site. Company makes no warranties, express or implied, as to
the Third Party
Services (including the accuracy and completeness of information supplied or the privacy practices
thereof). If you
decide to access other websites, you do so at your own risk. If Company has provided links or
pointers to other websites
on the Site or the Company Services, they are solely as a convenience to you and no inference or
assumption should be
made and no representation should be implied that Company is connected with, operates, controls or
endorses these
websites. When you access other websites or Third Party Services, Company encourages you not to
provide any personally
identifiable information unless you know and are comfortable with the party with whom you are
interacting and their
privacy policy.
If you are interested in creating hypertext links to the Site, you must contact Company before doing
so. In establishing
hypertext links, you must not represent in any way, expressly or by implication, that you have
received the endorsement,
sponsorship or support of the Site or Company, including its respective employees, agents,
directors, officers and/or
shareholders.
Company takes no responsibility for third party advertisements which are posted on the Site or the
Company Services, nor
does it take any responsibility for the goods or services provided by its advertisers.
COMPANY NEWSLETTERS; EMAIL ALERTS
Company may deliver newsletters and email alerts to its subscribers on a variety of Company services
and programming. If
you would like to subscribe to any of the newsletters Company offers, you may do so by clicking on
the "Newsletter" link
near the bottom of all site pages. If you would like to unsubscribe from any Company newsletter or
email alert, you may
do so by clicking on the "unsubscribe" link at the bottom of the Company newsletter or email alert
that you have signed
up to receive.
DISCLAIMERS
The Site and Company Services are provided "AS-IS" and "as available" and Company does not guarantee
or promise any
specific results from use of the Site and/or Company Services. Company expressly disclaims any
warranties and conditions
of any kind, whether express or implied, including but not limited to, the implied warranties of
merchantability,
fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that
your use of the
Site and/or Company Services will be uninterrupted, timely, secure or error-free or that any
information obtained by you
on, through or in connection with the Company Services or Third Party Services (including but not
limited to, through
User Content or third party advertisements) will be accurate or reliable. Under no circumstances
will Company be
responsible for any loss or damage, including but not limited to, property damage, personal injury
or death, resulting
from use of the Site and/or Company Services, problems or technical malfunction in connection with
use of the Site
and/or Company Services, attendance at a Company event, any material downloaded or otherwise
obtained in connection with
the Site and/or Company Services, any User Content, third party advertisement or Third Party Service
posted on, through
or in connection with the Site and/or Company Services, or the conduct of any users of the Company
Services, whether
online or offline. Your use of User Content, third party advertisements, Third Party Services and
the goods or services
provided by any third parties is solely your responsibility and at your own risk. User Content,
third party
advertisements and Third Party Services do not necessarily reflect the opinions or policies of
Company.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ANY OF ITS AFFILIATED COMPANIES OR ,
SPONSORS OR ADVERTISERS
(OR EACH OF THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO COMPANY FOR THE
COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE SITE AND/OR COMPANY SERVICES.
INDEMNITY
You agree to defend, indemnify and hold harmless Company, any of their affiliated companies and
producers, sponsors and
advertisers and each of their parents, affiliates and related companies together with their
respective employees,
agents, directors, officers and shareholders, from and against all the liabilities, claims, damages
and expenses
(including reasonable attorney's fees and costs) arising out of your use of the Site and/or Company
Services; your
failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged
breach of the
copyright, trademark, proprietary or other rights of third parties.
TERMINATION
Company reserves the right to immediately terminate your use of, or access to, the Site at any time
for any or no
reason, with our without prior notice or explanation, and without liability. Furthermore, even after
your user account
or access to a section of the Site is terminated, this Agreement will remain in effect.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE
SITE OR THE COMPANY
SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH
PERIOD, SUCH CAUSE OF
ACTION SHALL BE PERMANENTLY BARRED.
Unsolicited Submissions
Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions
including, without
limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction,
characters, drawings,
information, suggestions, proposals, ideas or concepts. Company requests that you do not make any
unsolicited
submissions. Any similarity between an unsolicited submission and any elements in any Company or
Affiliated Company
creative work including, without limitation, a film, series, story, title or concept would be purely
coincidental. If
you do send any submissions to Company via the Company Services that are unsolicited (including but
not limited to any
Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or
trust and that by
making such submissions no contractual or fiduciary relationship is created between you and Company;
(ii) any such
unsolicited submissions and copyright become the property of and will be owned by Company (and are
not User Content
licensed by you to Company under “Your Proprietary Rights in and License to Your User Content”) and
may be used, copied,
sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted
as Company sees fit;
(iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such
submissions; and
(iv) by sending an unsolicited submission you waive the right to make any claim against Company or
Company Affiliates
relating to any unsolicited submissions by you, including, without limitation, unfair competition,
breach of implied
contract or breach of confidentiality.
Other
The failure of Company to exercise or enforce any right or provision of this Agreement will not
operate as a waiver of
such right or provision. The Section titles in this Agreement are for convenience only and have no
legal or contractual
effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise
expressly provided herein,
if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be
effective upon Company's
sending an e-mail message to the e-mail address you have on file with Company or publishing such
notices on the
informational page(s) of the Company Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and Company as a
result of this Agreement or your use of the Company Services. A printed version of this Agreement
and of any notice
related to it shall be admissible in judicial or administrative proceedings based upon or relating
to this Agreement to
the same extent as other business documents and records originally generated and maintained in
printed form.
Nothing contained in this Agreement limits Company's right to comply with governmental, court and
law enforcement
requests or requirements relating to your use of the Company Services or information provided to or
gathered by us in
connection with such use.
Please contact the Site Administrator with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.