Last revised October 23, 2019
THIS NETWORK LLC or one of its subsidiary or affiliated companies, including Metro-Goldwyn-Mayer Studios Inc. (collectively, “THIS TV” or “we”, “us” or “our”) owns or operates the Site. These Terms apply to this web site and its features, and any applications, widgets or online services that post a link to these Terms (however accessed or used, whether via a personal computer, mobile device or otherwise) (collectively, the “Site“). These Terms do not apply to any other web site or any offline activities by THIS TV (unless specifically stated). You agree to these Terms by accessing or using the Site.
When using particular services or features of the Site, including downloading content from the Site, both these Terms and a separate guidelines document or end user license agreement may apply to your use of that feature or service (“Additional Terms“). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
ARBITRATION NOTICE: Except for certain types of disputes described in the Governing Law/Disputes section below, you agree that all disputes between you and THIS TV with regard to these Terms and your use of the Site will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. OWNERSHIP OF SITE MATERIALS
The Site includes all materials that are included in or are otherwise a part of the Site (including past, present and future versions of the Site), including, without limitation: graphics; layout; text; instructions; images; trademarks, logos, service marks; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, “Materials“).
The Materials are owned by or licensed to THIS TV and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by THIS TV, no rights in the Materials (either by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Site. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, THIS TV grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized THIS TV employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any and all rights to use the Site that are not expressly granted to you under these Terms are reserved for THIS TV or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way THIS TV’s rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
2. USER SUBMISSIONS
The Site may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post photographs, videos, questions, comments, suggestions or other content, (collectively, “Submissions”).
A. Responsibility for Submissions. You understand that you are solely responsible for your Submissions, however submitted. THIS TV does not control the Submissions made available via the Site and therefore does not guarantee the accuracy, integrity or quality of Submissions.
If you include personally identifiable information in your Submissions, you may receive unsolicited messages from third parties. Further, THIS TV cannot ensure the security of any information you post on publicly available areas of the Site. You understand that by using the Site, you may be exposed to content or other Submissions that are offensive or objectionable.
We have no obligation to monitor the Site or any Submissions made available via the Site. However, you acknowledge and agree that THIS TV has the right to monitor the Site and Submissions you make and the right (but not the obligation) to delete, edit, move, or disable any such Submissions in whole or in part subject to THIS TV’s sole discretion. THIS TV reserves the right to suspend or terminate your access to the Site at any time. Under no circumstances will we be liable in any way for any of your Submissions including, but not limited to, any errors or omissions in your Submissions, any loss of your Submissions or for any loss or damage of any kind incurred as a result of your Submissions.
You agree that THIS TV has no obligation to monitor or enforce your intellectual property rights to your Submissions but has the right to protect and enforce its rights to your Submissions.
C. Unsolicited Ideas. Please do not send unsolicited Submissions to the Site or any THIS TV Party. THIS TV does not accept unsolicited Submissions, including, without limitation, for motion pictures, television programs, web sites or other products or services. We wish to avoid any misunderstandings when projects developed by or on behalf of THIS TV may seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited Submissions to THIS TV through this Site, including Community Forums, by e-mail, or otherwise. However, if you decide to make any such unsolicited Submission, you agree to grant to THIS TV the right and license to your Submission as set forth in the Section “License to THIS TV” above.
3. USER SUBMISSION POLICY When you contribute, upload or otherwise provide your Submissions to the Site, you agree to comply with the following requirements:
When you contribute, upload or otherwise provide your Submissions to the Site, you agree to comply with the following requirements:
A. Submissions must be your own. All Submissions must be created by you and you must have all rights in the Submissions; or, all persons who contributed in any way or have any rights to your Submissions, or otherwise appear in the Submissions, have given you permission to upload and distribute the Submissions on the Site and elsewhere. Upon THIS TV’s request, you will furnish THIS TV any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. No third party materials. Your Submissions should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any Submissions that belong to other people without their permission – this means you absolutely may not include any content owned or created by someone else, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
C. Only you, your friends and family may appear in images or videos. If you upload photos or videos to the Site, make sure they are of you or of you and someone you know – but only with their express permission to post it.
D. Original music only. Your Submissions may not contain any music unless you wrote it and perform it (or you have all rights to the musical work, including any performances). No jingles, sampling or otherwise using existing music.
E. Keep Submissions relevant. Your Submissions should relate to the content on the Site and should be intended to add to the discussion on the Site – it should not include irrelevant topics or postings.
F. Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression so we can continue to build a community for everyone to enjoy. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your Submissions may not threaten, abuse or harm others. Your Submissions may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you think your Submissions might offend someone, chances are they will – so they don’t belong on the Site.
G. No Submissions that are violent, illegal or promote inappropriate activity. Your Submissions must not violate any law. Your submissions may not promote any illegal activity and your Submissions may not promote violence nor describe how to perform a violent act. If you do upload or post Submissions that are illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate, in our sole discretion, including reporting you to law enforcement.
H. Represent yourself truthfully. Do not impersonate any other person, user, THIS TV or other company. Do not upload or post Submissions that you know are false, fraudulent, deceptive, inaccurate, misleading or that misrepresent your identity or affiliation with a person or THIS TV or any other company.
I. Keep private information private. Remember that Community Forums are public and Submissions will be accessible and viewable by other users. Do not post personal information (for example, never reveal your passwords, phone number, address, email address or similar information). If there is something you do not want the world to see, do not post it on the Site. And, what is true for you is true for others. Your Submissions may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
J. Use caution when interacting with others. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
K. No Submissions for commercial purposes. Your Submissions may not advertise or promote a product or service. You may not use your Submissions to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
L. Do not damage the Site or anyone’s computers. Submissions may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
4. COLLABORATIVE WORKS
THIS TV may provide certain “Mash Up Tools” on the Site that allow you to manipulate Materials or to combine Materials with your Submissions (“Your Contribution to Collaborative Works“) or other users’ uploaded information. The works created using the Mash-Up Tools are called “Collaborative Works.” Your use of Mash-Up Tools is subject to the following terms:
A. THIS TV owns its Materials and retains all rights in its Materials. The license THIS TV grants you to use the Materials in connection with Mash-Up Tools is limited to Materials specifically made available by THIS TV for use in connection with Mash-Up Tools, and may be revoked by THIS TV at any time without liability to you;
B. The license to use the Materials in connection with Mash-Up Tools is solely for the purpose of allowing you to manipulate the Materials or combine the Materials with Your Contribution to Collaborative Works or other users’ uploaded information as expressly allowed by THIS TV on the Site and you may only do so by using the Mash-Up Tools;
C. Your use of the Mash-Up Tools and Collaborative Works is subject to these Terms and any applicable additional terms and conditions;
D. THIS TV owns all rights in the Collaborative Works. You understand and agree that any Collaborative Works will be owned by THIS TV and THIS TV may make unlimited uses of the Collaborative Works and you have no rights in the Collaborative Works other than as expressly granted by THIS TV; however, you retain whatever prior rights you had in Your Contribution to Collaborative Works and retain the right to use Your Contribution to Collaborative Works in works entirely unrelated to Collaborative Works and Materials and entirely unrelated to derivative works of Collaborative Works or Materials;
E. You will have no control over Collaborative Works after submission, including, without limitation, with respect to subsequent contributions made by third parties. The license you grant to THIS TV for your Submissions in the section above titled “License to THIS TV”applies to Your Contribution to Collaborative Works; and
F. You agree to include, and not remove or alter, any of THIS TV’s trademark, copyright or other proprietary rights notices, as required to be displayed with the Collaborative Works. If expressly permitted on the Site, you may use the Site to create Collaborative Works pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Collaborative Works (except Your Contributions to Collaborative Works), without our express written permission.
5. VIRAL DISTRIBUTION
THIS TV may grant you — but only through express written permission — the limited, revocable permission to engage in certain expressly described personal uses of Materials that include the ability to share the Materials with others (“Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials or other THIS TV materials such as Collaborative Works on a personal web site; or (c) posting and displaying a copy of the Materials or other THIS TV materials such as Collaborative Works on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising. You agree that you will not post any claims about a THIS TV product or service when engaging in Viral Distribution. But it would be acceptable to state “I Love THIS TV” with your Viral Distribution. In other words, you understand that only THIS TV can make claims, promises or statements on behalf of THIS TV about its products or services. You also agree that you will not imply that you and THIS TV are affiliated in any way or that THIS TV approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection the Viral Distribution of Materials.
If expressly permitted and made available on the Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
The Site may provide certain materials that you may choose to include in your personal web page, social networking profile page or similar personal digital page (“Personal Page“) by pasting into your Personal Page the HTML or other code provided by THIS TV and labeled as an “Embed Code” (or similar identifying label) (“Widget“). For any Widgets that THIS TV makes available on the Site, THIS TV grants you a license, subject to the restrictions in these Terms, to include the Embed Code as provided by THIS TV (without editing) for inclusion on your Personal Page only. You agree that you will not embed or otherwise make available a Widget on a web page or web site containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in THIS TV’s sole opinion). As described below in the Disclaimers section, THIS TV makes no specific warranties about Widgets and THIS TV may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, THIS TV may disable Widgets that you include on your Personal Page(s) if you violate these Terms (as determined by THIS TV in its sole discretion) or for any or no reason, without any liability to you. You agree that THIS TV’s license grant to you to use Widgets on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the Materials made available in a Widget, in whole or in part, without the express consent of THIS TV. You agree to include, and not remove or alter, THIS TV’s trademark, copyright or other proprietary rights notices, as provided by THIS TV on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the Materials provided or intended by THIS TV to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all Materials provided through the Widget are subject to these Terms in their entirety.
If you download any software or files from the Site, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of a THIS TV newsletter or similar services (collectively, the “Downloads“), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your Device or loss of data that results from such Downloads.
8. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. THIS TV encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), THIS TV has a designated agent for receiving notices of copyright infringement and THIS TV follows the notice and take down procedures of the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THIS TV’s copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site contains content that violates your rights other than copyrights, please provide THIS TV at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Site, or (b) a complaint regarding alleged violation of rights other than copyrights, to THIS TV’s copyright agent, Michael B. Moore, who can be reached as follows:
By email to firstname.lastname@example.org (with subject “Copyright Complaints”);
By telephone at 310-586-8674
By fax at 310-586-8670; or
By postal mail to THIS TV, c/o MGM, 245 North Beverly Drive, Beverly Hills,CA 90210, Attn: Legal Department/DMCA Notices.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
THIS TV will provide you with notice if your Submission has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Some features or portions of the Site may require you to pay a fee, such as subscription services or a purchase you make form the Site. Regardless of the service or product you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
10. MEMBERSHIP & REGISTRATION
Certain areas of the Site may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. THIS TV reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
11. MOBILE FEATURES
The Site may offer features that are available to you via your mobile phone or other mobile device. These features may include, without limitation, the ability to view Materials, upload content to the Site, receive messages from the Site, download applications to your mobile device or access Site features (collectively, the “Mobile Features“). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions may require you to text a keyword (e.g., “STOP”) to the applicable short code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding THIS TV or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify THIS TV of any changes to your mobile number and update your account(s) on the Site to reflect this change.
12. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or promotions (“Promotions”) accessible through the Site may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable Promotion.
13. JURISDICTIONAL ISSUES
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject THIS TV to any registration requirement within such jurisdiction or country. THIS TV controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
14. LINKS TO THIRD PARTY CONTENT & APPLICATIONS
The Site may provide links to certain web sites, services and features that are provided by third parties, including advertisers. Functionality on the Site may also permit interactions between the Site and a third party web site or online feature, including applications that connect the Site or your profile on the Site with a third party site. For example, the Site may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Site, or a feature that lets you post to your social networking page a link to a specific Site product or the ability to share content from the Site or your Submissions posted at the site with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party Site and you do so at your own risk.
We do not control any of these third party sites or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these third party services, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Further, you may choose, at your sole and absolute discretion and risk, to use applications that connect a Site or your profile on the Site with a third party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if THIS TV has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold THIS TV harmless for the sharing of information relating to your Site accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
Descriptions of, references to, or links to products, services or publications within the Site do not imply endorsement of that product, service or publication.
15. LINKING POLICY
THIS TV grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with THIS TV or its products or services, any THIS TV property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with THIS TV; (c) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (d) must not use any THIS TV trademarks without the prior written permission from THIS TV; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in THIS TV’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in THIS TV’s sole discretion). If you do link to the Site, the link must be in plain text, unless otherwise pre-approved in writing by THIS TV. THIS TV reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Site or these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, THIS TV reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
17. DISCLAIMERS THE SITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS, WIDGETS, MOBILE FEATURES, COLLABORATIVE CONTENT, VIRAL DISTRIBUTION AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE THIS TV PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE THIS TV PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY THIS TV PARTY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE THIS TV PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THIS TV SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE THIS TV PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY OTHER USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT OBTAINED THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, THE THIS TV PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE THIS TV PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING THE SITE AND ALL INFORMATION, PRODUCTS, SERVICES, DOWNLOADS, WIDGETS, MOBILE FEATURES, COLLABORATIVE CONTENT, VIRAL DISTRIBUTION AND THE MATERIALS AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE SITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE THIS TV PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE THIS TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE THIS TV PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE THIS TV PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THIS TV’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY THIS TV’s WEB SITES, PROPERTY, PRODUCTION, FILM, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE THIS TV PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY THIS TV WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE THIS TV PARTIES.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
19. GOVERNING LAW; DISPUTES
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN: THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Except for disputes relating to the infringement of your or THIS TV’s intellectual property (such as trademarks, trade dress, copyright and patents) or where THIS TV is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and THIS TV (whether or not such dispute involves a third party) with regard to these Terms or your use of the Site, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor THIS TV will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in Los Angeles, California, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either THIS TV or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. THIS TV will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
THIS TV reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Site, and to block or prevent future access to and use of the Site for any reason, including, without limitation, your breach of these Terms or other conduct by you that THIS TV considers inappropriate. THIS TV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site with or without notice. You agree that no THIS TV Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Site. Upon termination of your access to the Site, or upon demand by THIS TV, you must destroy all Materials and all related documentation including immediately discontinuing the use of any Widgets or links to the Site. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms. You understand and agree that THIS TV will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized THIS TV employee. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against THIS TV by virtue of having drafted these Terms.
22. CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice. (“Updated Terms“). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link from the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward. 23. CONTACTING US If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at email@example.com