Effective June 28, 2013
Welcome to this website (the “Site”), which is operated by Twentieth Century Fox Home Entertainment LLC (“Company” or “we”). This Site is to be accessed and used only by individuals aged 18 years and above who have been invited and accepted by Company and remain participants in good standing (“Authorized Participants”) in the Fox Home Ent Insiders program in connection with marketing, publicizing, promoting and advertising certain Releases (the “Program”). “Releases” means motion pictures and/or television series distributed by Company on DVD or Blu-ray or through video on demand, pay per view and/or sold to consumers and delivered electronically in any manner. Company is based in the United States and this Site is hosted in the United States. Company is part of the United States based operations of Twenty-First Century Fox.
As an Authorized Participant, we may ask you to review one or more Releases as further detailed on the Site and in our communications with you. We may request that you post your review(s) of such Release(s) on blogs or in forums you control, on Twitter, Facebook and/or in such other digital forums as you use on a regular basis to reach your followers and readers (each, a “Participant Forum”). In connection with your Program participation, we may in our sole discretion provide you from time to time with materials and/or information, including potentially, without limitation, one or more of the following: (i) information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content in tangible or intangible form (collectively, “Content”) of Company (collectively, “Company Content”), including potentially, Releases, trailers, digital badges, posters, tee shirts, or other premium items; and/or (ii) gift cards, access to press events, funds and/or materials to host Release viewing parties (collectively, “Program Materials”). Company has no obligation to provide you with any Program Materials.
By visiting the Site (whether or not you are a registered member), you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all Applicable Law. “Applicable Law” means all laws, rules, regulations, ordinances, industry standards and telephone carrier requirements, including without limitation, the Children’s Online Privacy Protection Act, the Telephone Consumer Protection Act of 1991, the Mobile Marketing Association and Wireless Association best practices guidelines, the CAN-SPAM Act of 2003, all Participant Forums, including Facebook, Twitter, Google+, Pinterest, Instagram and other social media outlets’ policies, rules and regulations (including without limitation, all terms of service, membership agreements and privacy policies), the Digital Millennium Copyright Act, the Word of Mouth Marketing Association’s Ethics Guide; the Communications Decency Act, the Federal Trade Commission (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), including with respect to clear and conspicuous disclosure of material connections, and all state and federal consumer privacy and promotion laws, rules and regulations (including with respect to promotion and advertising of sweepstakes and contests). Further, and without limitation, you represent, warrant and agree that:
- when talking, writing or otherwise communicating about Company and/or any Program Materials (including without limitation, any Releases), you shall:
- clearly and conspicuously disclose your true identity and, and if and to the extent it is the case, that you have received compensation, product and/or other incentive items or services from Company (as applicable) proximate to any mention by you of Company, and/or any Company Content (including without limitation, any Releases);
- not make any false, misleading or deceptive statements and shall not make any performance or attribute claims about Company, and/or any Company Content (including without limitation, any Releases) (you may express opinions, but won’t make factual claims);
- ensure that all your statements accurately reflect only your honest, current opinions and beliefs based on your personal experience;
- not purport to speak on behalf of Company or any person or entity affiliated with Company or any Company Content (including without limitation, any Releases); and
- maintain your online persona and related activities in a manner appropriate for a family audience and shall not be rude or abusive.
- you have watched and shall comply with the FTC’s video guidance for bloggers located at http://business.ftc.gov/multimedia/videos/ftc-endorsement-guides;
- you have read and shall comply with the FTC’s guidance located at http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking;
- you have read and shall comply with the Word of Mouth Marketing Association’s Ethics Guide located at http://womma.org/ethics/code; and
- you are age 18 or over and otherwise meet all conditions necessary for participation in the Program, including authorized use of this Site.
If your activities on the Site require or allow you to register with the Site, all registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another registrant at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password. We reserve the right, at any time for any or no reason in our sole discretion, to change any username provided by you for use in connection with the Site.
Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content , the Site and the Program. Company hereby grants you a limited, revocable, nonsublicensable license to use, access and/or display the Company Content (excluding any software code) solely for the purpose for which it is provided in connection with your participation in the Program. The Site may also contain Content of other Authorized Participants and/or Company licensors. Except as provided in this Agreement or as explicitly allowed by Company in writing in each instance, 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 Program, including the Site.
Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
Your Use of Company Services
You agree not to use the Program, including the Site, to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including Company’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Site;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Site, or to circumvent or modify any security technology or software that is part of the Site;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Program or Site. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Use the Company Services to advertise or promote competing services;
- Use the Company Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Site, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Authorized Participants 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.
In no event shall the names and/or likenesses of any character, person or other entity appearing in or connected with any Company Content be used separately and apart from the authorized use for which access to the applicable Company Content was provided to you, and no such name or likeness shall be used so as to constitute an endorsement or testimonial, express or implied, of any party, product or service (including but not limited to your company, or any product or service of your company) nor shall you use any Company Content in a manner that would appear to be defamatory or derogatory towards any such person or entity or the Company Content as a whole. In addition, neither the name or logo of Company, any Affiliated Company nor any Company Content or any part of any of the foregoing may be used in such a way as to constitute an endorsement or testimonial, express or implied by Company, with respect to any party, product or service, including your company and/or any other service provided by you (other than any implied endorsement resulting from your Authorized Use of the applicable Company Content).
Message Boards and Public Forums
This Site may offer users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Program, including on the Site; provided, however, that User Content shall not include any Content posted by a user that is already owned by Company or any Affiliated Company. By posting any User Content on, through or in connection with the Program, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Program (including without limitation, all Releases) or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Company‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Site.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Program, 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 Program 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 Program or Third Party Services.
Copyrights and Other Intellectual Property
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers’ access to the Program, including the Site, in appropriate circumstances.
If you believe that any material residing on or linked to or from the Site infringes your copyright, please send Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, C/O Twentieth Century Fox Home Entertainment Online, 2816 Columbia Street, Torrance, CA 90503; Facsimile: (888) 443-4369; Phone: (888) 223-4369; Attn: Copyright Agent. Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com
Third Party Links and Services
You are solely responsible for your interactions with other Company users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Program. Company reserves the right, but has no obligation, to become involved in any way with these disputes.
The Program, including this Site, are provided “AS-IS” and “as available” and Company does not guarantee or promise any specific results from participation in the Program, including use of the Site. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Site will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Program, including the Site, or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from participation in the Program, including use of the Site, problems or technical malfunction in connection with participation in the Program, including use of the Site, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Program, including from the Site, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Program, or the conduct of any Authorized Participants, including users of the Site, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM, INCLUDING USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR PARTICIPATION IN THE PROGRAM DURING THE TERM OF YOUR PARTICIPATION IN THE PROGRAM.
U.S. Export Controls
Software available in connection with the Program (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the Program, including use of this Site. 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 Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Program, including use of the Site, 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 Program.
Company does not knowingly accept, via the Program or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company’s policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Program (including but not limited to any public forum), however, such submissions and copyright become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. “Fox”, “Twentieth Century Fox” and “Twentieth Century Fox Home Entertainment” are trademarks of Twentieth Century Fox Film Corporation and its related entities. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.