The FTS Sites Terms of Service Agreement
Effective as of September 19, 2012
Description of FTS Services and Acceptance of Terms of Service
Welcome to the Fox Television Stations group of website(s) (the "FTS Site(s)"), which are operated by the television stations (the "FTS Station(s)") owned by Fox Television Stations, Inc. and/or certain of its affiliated entities (collectively, "FTS" or "we"). The services FTS provides on the FTS Sites may include photos, videos, video players, community pages, message boards and any other features, content, or applications, including when accessed via the Internet, mobile or other devices (collectively, the "FTS Services"). FTS is based in the United States and the FTS Services are hosted in the United States. FTS is a part of the United States based operations of News Corporation.
FTS furnishes the FTS Sites and the FTS Services for your personal enjoyment and entertainment. By visiting the FTS Sites (whether or not you are a registered user) or using the FTS 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. FTS may modify this Agreement at any time, and each such modification will be effective upon posting on or linking from the FTS Sites. All material modifications will apply prospectively only. Your continued use of the FTS Sites or the FTS 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 FTS Services immediately. You may receive a copy of this Agreement by emailing the Site Administrator listed in the "Contacts" link on the applicable FTS Site. Your access to and use of certain FTS Services may require you to accept additional terms and conditions applicable to such FTS Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).
Eligibility for the FTS Sites Registration and Account Security
Use of FTS Services is limited to users aged 13 years and above. The FTS Sites may offer one or more accounts requiring user registration. 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 user at any time. You agree to notify FTS immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the FTS Services. You may terminate one or more of your accounts on any of the FTS Sites at any time, for any reason, by contacting the Site Administrator listed in the "Contacts" link on the applicable FTS Site. FTS may terminate one of more of your account(s) and/or access to the FTS 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 FTS 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 Services or Products
FTS 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 Product with the Processor. FTS provides no refunds for purchases you make on the FTS Sites. 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, FTS will in no way be responsible or liable to you for any such breach.
FTS will not store any record of Personal Financial Information related to purchases or other transactions you make through the FTS 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.
The FTS Services contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of FTS ("FTS Content"). FTS Content is protected by copyright, trademark, patent, trade secret and/or other laws, and as between you and FTS, FTS owns and retains all rights in the FTS Content and the FTS Services. FTS hereby grants you a limited, revocable, non-sublicensable license to access and display the FTS Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the FTS Site and using the FTS Services. If FTS elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by FTS, unless expressly stated otherwise. The FTS Services may also contain Content of users and others. Except as provided in this Agreement or as explicitly allowed on the FTS 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 FTS Services.
Except as expressly permitted by FTS, 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, 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 FTS Services
The FTS Services are offered for your personal use only and may not be used for commercial purposes unless specifically authorized by FTS. FTS 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 FTS Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the FTS Services. You understand that FTS does not control the User Content posted by users via the FTS Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. FTS assumes no responsibility or liability for this type of Content. FTS assumes no responsibility for monitoring the FTS Services for inappropriate Content or conduct. If at any time, FTS chooses in its sole discretion to monitor FTS Services, FTS nonetheless assumes no responsibility for Content other than FTS Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
With respect to any video player(s) on FTS Sites, you are hereby granted a revocable license to embed the video player on any commercial or non-commercial website or other location except those containing content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or that encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive. FTS may revoke this license at any time upon notice, with or without cause, in its sole discretion. You must not modify, enhance, or otherwise alter in any way any portion of the Content on the video player, the video player itself or its underlying technology. This restriction includes disabling or otherwise modifying the video player in a manner that enables users to view any portion of the Content without using the video player.
You agree not to use the FTS Services to:
FTS reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by FTS in its sole discretion. You acknowledge FTS reserves the right to investigate and take appropriate legal action against anyone who, in FTS'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 FTS may access, preserve or disclose information you provide to the FTS Sites, including User Content, when FTS 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 FTS, 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 FTS 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
FTS 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 FTS Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by FTS or any Affiliated FTS. By posting any User Content on, through or in connection with the FTS Services, you hereby grant to FTS 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 FTS 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. FTS‘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. FTS reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the FTS Services.
You represent and warrant that: (i) you own the
User Content posted by you on, through or in connection with the FTS 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
FTS 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 FTS Services or
Third Party Services.
Copyrights and Other Intellectual Property
FTS 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. FTS has a policy of terminating repeat infringers' access to the FTS Services in appropriate circumstances.
If you believe that any material residing on an FTS Site infringes your copyright, please send FTS' Copyright Agent a notification of claimed infringement with all of the following information: (i) 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; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FTS Services (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) 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; (v) 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 (vi) your physical or electronic signature. FTS' Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Fox Television Stations, Inc., Legal Department, 1999 South Bundy Drive, Los Angeles, CA 90025-5235; Facsimile: (310) 584-3355; Phone: (310) 584-2401; Attn: Copyright Agent. FTS' Copyright Agent for notification of claimed infringement can also be reached electronically at DMCA@Foxtv.com.
Third Party Links and Services
Associated Press Materials Notice
The following provision applies to all visitors (which shall include persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, "AP Material") shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising there from or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
You are solely responsible for your interactions with other FTS users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the FTS Services. FTS reserves the right, but has no obligation, to become involved in any way with these disputes.
The FTS Services are provided "AS-IS" and "as available" and FTS does not guarantee or promise any specific results from use of the FTS Services. FTS 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, FTS makes no warranty that your use of the FTS Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the FTS 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 FTS be responsible for any loss or damage, including, but not limited to, property damage, personal injury or death, resulting from use of the FTS Services, problems or technical malfunction in connection with use of the FTS Services, attendance at a FTS event, any material downloaded or otherwise obtained in connection with the FTS Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the FTS Services, or the conduct of any users of the FTS 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 FTS.
Limitation on Liability
IN NO EVENT WILL FTS 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 FTS SERVICES, EVEN IF FTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FTS' 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 FTS FOR THE FTS SERVICES DURING THE TERM OF YOUR USE OF THE FTS SERVICES.
U.S. Export Controls
Software available in connection with the FTS Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the FTS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the state in which the FTS Station operating the applicable FTS Site is located, without regard to its conflict of law provisions. You and FTS agree to submit to the exclusive jurisdiction of the courts located in the state in which the FTS Station operating the applicable FTS Site is located to resolve any dispute arising out of this Agreement or the FTS 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.
You agree to indemnify and hold FTS, 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 FTS Sites or the FTS 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 FTS Services.
FTS does not knowingly accept, via the FTS 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. FTS' policy is to simply delete any such submission without reading it or forwarding it to other FTS staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any FTS or Affiliated Companies creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to FTS via the FTS Services (including, but not limited to, any public forum), however, such submissions and copyright become the property of FTS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FTS 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 FTS or Affiliated FTS relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
FTS may, from time to time, post FTS employment opportunities on the FTS 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 FTS in response to employment listings, you are authorizing FTS to utilize this information for all lawful and legitimate hiring and employment purposes. FTS 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 FTS Services will constitute a promise by FTS to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the FTS Services constitute a promise that FTS will review any or all of the information submitted to it by users of the FTS Services.
The failure of FTS 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. 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 the Site Administrator listed in the "Contacts" link located at the "About Us" tab on the applicable FTS Site with any questions regarding this Agreement.