RESTRICTION ON USE OF MATERIALS
All materials on the Website ("Materials"), including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, audio and video, are protected by copyright, trademark and other laws. You may not copy, reproduce, download, republish, duplicate, distribute, upload, modify, post or transmit Materials in any way. You are also prohibited from creating materials that are based on and/or derived from Materials.
CODE OF CONDUCT
While using any of the Website or submitting User Submission (defined below), you agree to comply with the following standards and agree not to:
(a) create a false identity or impersonate any person;
(b) send any message or transmitting any electronic communication using a name or address other than user’s own for purposes of deception;
(c) impersonate someone else by altering user’s source IP address or by using forged headers or other identity information;
(d) fraudulently conceal, forge or otherwise falsifying user’s identity in connection with any use of the Website;
(e) create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language;
(f) post or transmit any content or message or engage in any behavior that is false, fraudulent, inaccurate, misleading, disruptive, hateful, obscene, unlawful, abusive, harmful, threatening, abusive, harassing, defamatory, disparaging, pornographic, vulgar, inciteful, racist or otherwise objectionable;
(g) post any material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased;
(h) use the Website or Materials for any unlawful purpose or in any manner not intended by Crown Media or as contemplated in the Terms;
(i) suggest, illicit or encourage any illegal activity;
(j) transmit any material, non-public information about any company without the express authorization to do so; or
(k) transmit any advertisements or solicitations or other unsolicited or unauthorized commercial or promotional content, materials or communication.
In connection with submissions made by you (“User Submission”), you represent and warrant to Crown Media that (a) you are the sole owner and author of User Submission and have the unconditional and exclusive right to submit User Submission to Crown Media in accordance with the Terms; (b) User Submission and all parts thereof are original with you; (c) User Submission does not infringe upon the rights of any person or entity; and (d) there are no claims or litigation, pending or threatened, relating to User Submission. Furthermore, in connection with User Submission, you agree that you will not (a) publish falsehoods or misrepresentations that could damage or cause injury to Crown Media or any third party; (b) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) post advertisements or solicitations of business; or (d) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
Crown Media takes no responsibility or assumes any liability for User Submission or endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Crown Media expressly disclaims any and all liability in connection with User Submission. Crown Media does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Crown Media will remove and destroy all User Submission if it learns that User Submission infringes another's intellectual property rights. You acknowledge that Crown Media shall have the right (but not the obligation) in their sole discretion to refuse or destroy User Submission without prior notice.
Crown Media has no obligation to review or utilize User Submission. Crown Media is not obligated to pay you or compensate you or any other person in any way for submitting User Submission. By submitting User Submission, you hereby acknowledge that Crown Media receives or has access to numerous ideas, formats, stories, synopsis, manuscripts, books, suggestions and the like, and that many such materials may be similar to or identical to User Submission and, therefore, you will not be entitled to any compensation because of Crown Media’s use of any such similar or identical material. Crown Media has no obligation to contact you upon receiving User Submission. No User Submission will be reviewed if it does not meet the submission guideline posted on the Website. Crown Media also reserves the right to decide whether User Submission is appropriate and complies with its policies for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. At any time without prior notice, Crown Media may, at its sole discretion, remove such User Submission and/or terminate a user's access to the Website for uploading such material in violation of its policies, submission guideline, or the Terms. Crown Media also reserves the right to terminate a user's access to the Website, if he/she is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity at least once and/or has had a User Submission removed from the Website. Decisions of Crown Media shall be final in all matters relating to User Submission.
By submitting User Submission, you understand and acknowledge that (a) Crown Media would refuse to review User Submission in the absence of your acceptance of each and all of the provisions of the Terms, (b) no fiduciary or confidential relationship now exists between you and Crown Media and that no such relationships are created or implied between you and Crown Media by reason of submission of User Submission, (c) Crown Media may use, without any obligation or payment to you or any third party, any element or portion of Use Submission that is not protectable under the laws of copyright, or that a third person would be free to use if User Submission had not been submitted or had not been the subject of any agreement, or that is in the public domain, (d) neither the Terms nor the fact of your submission of User Submission to Crown Media, shall be deemed to place Crown Media in any different position from any member of the general public with respect to any element or portion of User Submission and (e) you have retained a copy of User Submission and, therefore, Crown Media is not obligated to return it to you and (f) if Crown Media decides not to review or use User Submission, Crown Media does not have to contact you to tell you the reasons for rejection.
By submitting User Submission, you agree to hold Crown Media, its distributors, producers, publisher, advertiser, affiliates, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and all of their respective directors, officers, employees, assigns and agents (collectively, “Released Parties”) harmless against any and all claims and liability arising out of User Submission or use of the Website. Released Parties are not responsible for lost, late, incomplete, garbled, inaccurate, misdirected or delayed entries or email or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any equipment or programming. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming. Released Parties are not responsible for injury or damage to users or to any other person’s computer related to or resulting from using the Website or downloading materials from or use of any Website. All applicable federal and state laws apply.
If you choose to use this Website and submit User Submission, we may collect your personal information, such as your name, address, age, telephone number, email address or other information. By using this Website and/or submitting User Submission, you agree to hold Crown Media, its distributors, producers, publishers, advertiser, affiliates and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, all of their respective directors, officers, employees, assigns and agents (collectively, “Released Parties”) harmless against any and all claims and liability arising out of your use of the Website and User Submission. Released Parties are not responsible for lost, late, incomplete, garbled, inaccurate, misdirected or delayed submission or email or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any equipment or programming, or by any human error. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming. Released Parties are not responsible for injury or damage to you or to any other person’s computer related to or resulting from using this Website or downloading materials from or use of any Website.
LIMITATION OF LIABILITY
NEITHER CROWN MEDIA NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DISTRIBUTOR, PUBLISHERS, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, POSTING, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CROWN MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CROWN MEDIA, IF ANY, TO ACCESS OR USE THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CROWN MEDIA OR A REPRESENTATIVE OF CROWM NEDIA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless Crown Media, our parent companies, subsidiaries, affiliates, publishers, distributor, agents, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from (a) your breach of any representations and warranties or covenants contained in the Terms; (b) any allegation that User Submission or other information you submit to Crown Media infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Website; and/or (d) any claim that User Submission caused damage or loss to a third party, including, without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
Any dispute between you and Crown Media concerning or relating to User Submission and/or the Terms (including, without limitation, any dispute concerning the performance, validity or effect of the Terms) shall be submitted to binding arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association. YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE OR MAY HAVE TO LITIGATE IN COURT ANY SUCH DISPUTE, IT BEING THE AGREEMENT OF THE PARTIES TO ARBITRATE ALL SUCH DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THE TERMS. The arbitration shall be controlled by the Terms and any award favorable to you shall be limited to a monetary award that shall bear a reasonable relationship to monies normally paid by Crown Media as of the date of submission of User Submission for comparable materials or elements. The costs and expenses of arbitration, including, without limitation, reasonable attorneys’ fees and the costs of expert witnesses, shall be borne by the losing party. In no event shall you be entitled to any other or additional compensation or remedy.
We reserve the right to change the Terms at any time without any notice to you, which changes will be effective immediately upon posting of revised Terms. Your continued use of the Website following the posting of revised Terms will mean you have accepted such Terms.
TERMINATION OF ACCOUNT
Crown Media has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any or no reason.
The Terms shall operate to the fullest extent permitted by law. If any provision or part of the Terms is held unlawful, void or unenforceable it shall not affect the validity and enforceability of the remaining provisions of the Terms.