RESTRICTION ON USE OF MATERIALS
All materials on the Websites ("Materials"), including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, audio and video, are protected by copyright, trademark and other laws and may only be used for your personal non-commercial purposes. You may not copy, reproduce, download, republish, duplicate, distribute, upload, modify, post or transmit Materials in any way without our express written permission. You are also prohibited from creating materials that are based on and/or derived from Materials.
CODE OF CONDUCT
While using any of the Websites or submitting any Posting (as defined below), you agree to comply with the following standards and agree not to:
1. create a false identity or impersonate any person; 2. create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language; 3. post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable; 4. engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior; 5. use any of the Websites or Materials for any unlawful purpose or in any manner not intended by Crown Media or as contemplated in the Terms or on any Website; 6. suggest, illicit or encourage any illegal activity; or 7. transmit (1) any material, non-public information about companies without the express authorization to do so or (2) any advertisements or solicitations or other unsolicited or unauthorized commercial or promotional content, materials, or communication. WEBSITES POSTINGS
You agree that, by posting, submitting or transmitting any materials on the Websites ("Postings"), you are granting to Crown Media, and to anyone authorized by Crown Media, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from and/or distribute such Posting, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose as we see fit. The foregoing grant shall include the right to exploit any proprietary rights in a Posting, including, but not limited to, rights under copyright or trademark, under any relevant jurisdiction. You are not entitled to any compensation for submitting any Posting on the Websites. By submitting a Posting, you represent and warrant that (1) you own or otherwise control all of the rights to your Posting, including, without limitation, all copyrights and/or other intellectual property and do not infringe any third party’s intellectual property or other rights; (2) the content is accurate; (3) use by Crown Media of the content you supply does not violate the Terms, infringe any third party’s intellectual property or other rights or will not cause injury or damage to any person, entity or property; and (4) you will indemnify Crown Media and/or its parent companies, subsidiaries, agents and affiliates for any and all claims resulting from any Posting. Crown Media takes no responsibility and assumes no liability for any Posting and has the option, but not the obligation, to monitor, edit or remove any Posting. Crown Media has no obligation to use any Posting.
We receive many unsolicited ideas, suggestions or creative materials. However, it is our policy not to accept such unsolicited submissions to avoid any possibility of misunderstanding in the event that projects developed by us might seem to others to be similar to their own creative work. We do not review any unsolicited submission and the same will be returned to sender or deleted.
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) on our Websites. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. Participation in any Promotion is subject to the Official Rules governing that Promotion. Crown Media may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms. In addition, as a condition to receiving any award or prize for participating in such Promotions, you may be required to provide additional information, to sign a release or waiver or to authorize the use of your name and likeness or certain information about you in any Crown Media marketing materials.
LINKED THIRD PARTY WEBSITES AND ADVERTISERS
DISCLAIMER OF WARRANTIES
While we try to optimize the performance of the Websites, your use of the Websites and any Materials and services provided through the Websites are entirely at your own risk. The Websites are provided "AS IS" and without warranties of any kind whether express or implied. To the fullest extent allowable by law, we disclaim all warranties, either express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. We do not warrant that the functions contained on the Websites will be uninterrupted, error-free, virus-free, free from other defects or that such defects will be corrected. The information supplied is intended to serve as entertainment and/or an educational supplement and is in no way to be considered advice. No opinion, advice or statement of Crown Media or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members of other users of the Websites, whether made on the Websites, in the Materials or otherwise, shall create any warrant.
LIMITATION OF LIABILITY
NEITHER CROWN MEDIA NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR 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 WEBSITES AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, 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 WEBSITES. 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, 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 (1) your breach of the Terms; (2) any allegation that any Posting or other information you submit to us or transmit to the Websites infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (3) your access to and use of the Websites; and/or (4) any claim that any Posting caused damage or loss to a third party, including, without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Please use the following procedure to notify us if you believe in good faith that any content contained on the Websites infringes your copyright.
Pursuant to Title 17 of the United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication provided to the designated agent (please see designated agent's information below) of service provider that includes substantially the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. 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. 6. 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. Notification should be sent to the designated agent as set forth below: Crown Media Family Networks Designated Agent Legal & Business Affairs 12700 Ventura Boulevard Studio City, CA 91604 Email:
Phone: (818) 755-2400
We reserve the right to change the Terms at any time without notice to you, which changes will be effective immediately upon the posting of the revised Terms. Your continued use of the Websites following the posting of changes to the Terms will mean you have accepted those changes.
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.
Updated: January 23, 2014