Terms of Use Agreement
Effective March 26, 2010
Description of Company Services and Acceptance of Terms of Use
Welcome to this website (the "Site"), which is operated by
Twentieth Century Fox Home Entertainment LLC (“Company” or “we”).
The services Company provides on the Site include services related to
promoting, advertising and/or purchasing certain Company products
(collectively, the "Company Services").
Company is based in the United States and the Company Services are hosted
in the United States. Company is a
part of the United States based operations of News Corporation.
Company furnishes the Site and the Company Services for your
personal enjoyment and entertainment.
By visiting the Site (whether or not you are a registered member) or
using the Company Services, you accept and agree to be bound by this Agreement,
including any future modifications ("Agreement"), and to abide by all applicable
laws, rules and regulations (“Applicable Law”).
Please read through this Agreement carefully.
Company may modify this Agreement at any time, and each such modification
will be effective upon posting on the Site. All
material modifications will apply prospectively only.
Your continued use of the Site or the
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 all
Applicable Law, you must discontinue use of the Company Services immediately.
You may receive a copy of this Agreement by emailing us with your request at:
foxdrop@4icc.com,
Subject: Terms of Use Agreement.
Your access to and use of certain Company Services may require you to
accept additional terms and conditions applicable to such Company Services, in
addition to this Agreement, and may require you to download Software or Content
(each as defined below).
Eligibility for Site Registration and Account Security
Use of the Company
Services is limited to users aged 13 years and above.
If your activities on the Site require or allow you to register with the
Site, all registration information you submit to create an account must be
accurate and must be 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 account, username, email address or password of
another registrant at any time. You
agree to notify Company immediately if you suspect any unauthorized use of, or
access to, your account or password.
We reserve the right, at any time for any or no reason in our sole discretion,
to change any username provided by you for use in connection with the Site.
Termination
This Agreement remains
in full force and effect while you use the Company Services. You may terminate
your account on the Site at any time, for any reason, by emailing us with your
request at foxdrop@4icc.com, Subject:
Terms of Use Agreement. Company may terminate your account and/or access to the
Company Services at any time, for any or no reason, with or without prior notice
or explanation, and without liability.
Furthermore, even after your user account or access to the Company
Services is terminated, this Agreement will remain in effect.
You agree that your account is non-transferable and any rights to your
account terminate upon your death.
Purchasing Site Services or Products
If you purchase any service or product on the Site,
(“Site Product”),
you may be required to provide personal information, including credit card and
billing information ("Personal Financial
Information”), to Company and/or an independent
third party company (or companies) selected by, but not affiliated with,
Company (the “Processor”). Where the
Processor is responsible for collecting, transmitting and/or processing your
Personal Financial Information and, in some instances, for fulfilling your
order, all payment obligations for Site Products shall be governed by the terms
of use/service and privacy policy(ies) of the Processor.
If you make a purchase from the Site you are warranting that you are
authorized to make the purchase using the form of payment card that you provide
to the Company and/or Processor, as applicable.
You must be 18 years of age or older to
purchase a Site Product.
Company makes no warranty, and accepts
no liability for any loss or damages whatsoever, relating to or in connection
with your placement of an order for a Site Product with the Processor.
Company
provides refunds or exchanges for purchases you make on the Site strictly in
accordance with our policies stated on the Site.
You
are solely responsible for any and all transactions utilizing your Personal
Financial Information,
including, but not limited to, any and all charges.
You acknowledge
and agree that in the event Processor experiences a data breach that affects
your Personal Financial Information, Company will in no way be responsible or
liable to you for any such breach.
The Company will not store any record of Personal Financial Information related
to purchases or other transactions you make through the Company Services.
You should therefore maintain records of all your transactions.
If you have any
questions regarding your transactions or believe that there is an error or
unauthorized transaction or activity associated with transactions utilizing your
Personal Financial Information, you must contact the Processor.
Company Content
The Company
Services contain information, text, files, images, video, sounds, musical works,
works of authorship, applications, and any other materials or content
(collectively, “Content”) of Company ("Company Content").
Company Content is protected by copyright, trademark, patent, trade
secret and other laws, and as between you and Company, Company owns and retains
all rights in the Company Content and the Company Services.
Company hereby grants you a limited, revocable, nonsublicensable license
to access and display the Company Content (excluding any software code) solely
for your personal, non-commercial use in connection with viewing the Company
Site and using the Company Services.
The Company Services may also contain Content of users and other Company
licensors. Except as provided in
this Agreement or as explicitly allowed on the 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 Company
Services.
Except as explicitly and expressly permitted by the 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 Company 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
the Content including geo-filtering mechanisms.
Your 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.
You understand that Company does not control the User Content posted by
users via the Company Services and, as such, you understand you may be exposed
to offensive, indecent, inaccurate or otherwise objectionable Content.
Company assumes no responsibility or liability for this type of Content.
If you become aware of misuse of the Company Services, please report this
immediately to the Company by emailing us at
foxdrop@4icc.com,
Subject: Terms of Use Agreement. The
Company assumes no responsibility for monitoring the Company Services for
inappropriate Content or conduct. If
at any time, the Company chooses in its sole discretion to monitor the Company
Services, the Company nonetheless assumes no responsibility for Content other
than Company Content, assumes no obligation to modify or remove any
inappropriate 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 any and all
Applicable Law;
-
Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the
right, but disclaims any obligation or responsibility, to remove User Content
that violates this Agreement, as determined by Company in its sole discretion.
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
to the Site, including User Content, when Company has a good faith belief that
such access, preservation or disclosure is necessary in order to: (i) 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); (ii) protect the safety and security of Users of the Company
Services or members of the public including acting in urgent circumstances;
(iii) protect against fraud or for risk management purposes; or (iv) comply with
the law or legal process.
Your Proprietary Rights
Company does
not claim any ownership rights in the User Content that you post, upload, email
transmit, or otherwise make available on, through or in connection with the
Company Services;
provided, however, that User Content
shall not include any Content posted by a user that is already owned by Company
or any Affiliated Company.
By posting any User Content on, through or in connection with the Company
Services, you hereby grant to Company and our Affiliated Companies, licensees
and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free,
sublicensable, transferable (in whole or in part), worldwide license to use,
modify, excerpt, adapt, create derivative works and compilations based upon,
publicly perform, publicly display, reproduce, and distribute such User Content
on, through or in connection with the Company Services
or in connection with
any distribution or syndication thereof to Third Party Services (as defined
below),
on and through all media formats now known or hereafter
devised, for any and all purposes including, but not limited to, promotional,
marketing, trade or commercial purposes.
Company‘s use of such User Content shall not require any further notice to you
and such use shall be without the requirement of any permission from or payment
to you or to any other person or entity.
Company reserves the right to limit the storage capacity of User
Content that you post on, through or in connection with the Company Services.
You represent and warrant that: (i) you own the User Content posted by you on,
through or in connection with the Company Services, or otherwise have the right
to grant the license set forth in this Section, and (ii) the posting of User
Content by you on, through or in connection with the Company Services and Third
Party Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity.
You agree to pay for all royalties, fees, and any other monies owing any
person or entity by reason of the use of any User Content posted by you on or
through the Company Services or Third Party Services.
Copyrights and Other Intellectual
Property
Company respects the intellectual property of others, and requires
that our users do the same. You may
not upload, embed, post, email, transmit or otherwise make available any
material that infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity.
Company has a policy of terminating
repeat infringers’ access to the Company Services in appropriate circumstances.
If you
believe that any material residing on or linked to or from the Site infringes
your copyright, please send Company's Copyright Agent a notification of claimed
infringement with all of the following information: (a) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably
sufficient to permit us to locate the material on the Company Services (such as
the URL(s) of the claimed infringing material); (c) information reasonably
sufficient to permit us to contact you, such as an address, telephone number,
and, if available, an email address; (d) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (e) a statement by you that the above information in your
notification is accurate and a statement by you, made under penalty of perjury,
that you are the owner of an exclusive right that is allegedly infringed or are
authorized to act on the owner's behalf; and (f) your physical or electronic
signature. Company's Copyright Agent
for notification of claimed infringement can be reached as follows: Copyright
Agent, C/O Twentieth Century Fox Home Entertainment Online, 20102 South Vermont
Avenue, Torrance, California 90502; Facsimile: (888) 443-4369; Phone: (888)
223-4369; Attn: Copyright Agent.
Company's Copyright Agent for notification of claimed infringement can also be
reached electronically at
foxdrop@4icc.com
Third Party Links
and Services
The Company Services may provide, or third parties may provide, links to other
websites, applications, resources or other services created by third parties
(“Third Party Services”).
When you engage with a
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 and makes no warranties, express or
implied, as to the
Third Party Services or the
providers of such
Third Party Services (including, but not limited to, the accuracy or completeness of
the information provided by such Third Party Service or the privacy practices
thereof). Inclusion of any Third
Party Service or a link thereto on the Company Services does not imply approval
or endorsement of the Third Party Service.
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 a company otherwise connected with the
Site. By using the Company Services,
you acknowledge and agree that Company is not responsible or liable to you for
any content or other materials hosted and served from any website other than the
Site. When you access Third Party
Services, you do so at your own risk.
Company
encourages you not to provide any personally identifiable information to any
Third Party Service unless
you know and are comfortable with the party with whom you are interacting.
Member
Disputes
You are solely
responsible for your interactions with other Company users, providers of Third
Party Services or any other parties with whom you interact on, through or in
connection with the Company Services.
Company reserves the right, but has no obligation, to become involved in
any way with these disputes.
Privacy
Use of the Company
Services is also governed by our
Privacy Policy, which is incorporated into this
Agreement by this reference.
Disclaimers
The Company Services are
provided "AS-IS" and “as available” and Company does not guarantee or promise
any specific results from use of the 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 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 Company Services, problems or technical malfunction in
connection with use of the Company Services, attendance at a Company event, any
material downloaded or otherwise obtained in connection with the Company
Services, any User Content, third party advertisement or Third Party Service
posted on, through or in connection with the 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
on Liability
IN NO EVENT WILL COMPANY
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 COMPANY
SERVICES.
U.S. Export
Controls
Software available in
connection with the Company Services (the "Software") is further subject to
United States export controls. No
Software may be downloaded from the Company Services or otherwise exported or
re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.
Disputes
The Agreement will be
governed by, and construed in accordance with, the laws of the State of New
York, without regard to its conflict of law provisions.
You and Company agree to submit to
the exclusive jurisdiction of the courts located in New York, New York to
resolve any dispute arising out of the Agreement or the Company Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT
LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS)
ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
Indemnity
You agree to indemnify
and hold Company, its Affiliated Companies, subcontractors and other partners,
and their respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including, but not limited to, reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the Site or the Company Services, your breach of this Agreement, your violation
of any rights of another or any Content that you post or otherwise submit on,
through or in connection with the Company Services.
Unsolicited Submissions
Company does not knowingly accept, via
the Company Services or otherwise, unsolicited submissions including, without
limitation, submissions of blog ideas, articles, scripts, story lines, fan
fiction, characters, drawings, information, suggestions, proposals, ideas or
concepts. Company's policy is to simply delete any such submission without
reading it or forwarding it to other Company staff or staff of its Affiliated
Companies. Therefore, 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 unsolicited submissions are
sent to Company via the Company Services (including but not limited to any
public forum), however, such submissions and copyright become the property of
Company and may be used, copied, sublicensed, adapted, transmitted, distributed,
publicly performed, published, displayed or deleted as Company sees fit.
You agree that you are not entitled to any compensation, credit or notice
whatsoever and that by sending an unsolicited submission you waive the right to
make any claim against Company or Affiliated Company relating to unsolicited
submissions, including, without limitation, unfair competition, breach of
implied contract or breach of confidentiality.
Employment Opportunities
Company may, from time to time, post
Company employment opportunities on the Company Services and/or invite users to
submit resumes to it. If you choose
to submit your name, contact information, resume and/or other personal
information to Company in response to employment listings, you are authorizing
Company to utilize this information for all lawful and legitimate hiring and
employment purposes. Company also
reserves the right, at its sole discretion, to forward the information you
submit to its Affiliated Companies for legitimate business purposes. Nothing in
this Agreement or contained in the Company Services will constitute a promise by
Company to contact, interview, hire or employ any individual who submits
information to it, nor will anything in this Agreement or contained in the
Company Services constitute a promise that Company will review any or all of the
information submitted to it by users of the Company Services.
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. “Fox”,
“Twentieth Century Fox” and “Twentieth Century Fox Home Entertainment” are
trademarks of Twentieth Century Fox Film Corporation and its related entities.
This Agreement operates to the fullest extent permissible by law.
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.
Please contact us at:
foxdrop@4icc.com, Subject:
Terms of Use Agreement, with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.