TERMS OF SERVICE
Last Updated: January 7, 2004
PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY BEFORE USING THIS WEBSITE OR ANY OF THE GSN FORUMS
This Website is owned by Game Show Network, LLC (“GSN”). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any authorized use by another person, of your account, as well as your use of this Website and/or the GSN Forums (as hereinafter defined, and, collectively referred to as the "Website"). Your use of the Website signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Website. Before using the Website, please also review the GSN Privacy Policy (the "Privacy Policy").
LICENSE TO USE THE WEBSITE
GSN grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Website and the materials thereon, including the “Website Content” as described herein for your personal use only, by way of one (1) computer connected to the Website over the Internet, provided that you comply fully with these Terms of Use. You may “cache” pages of the Website for the sole purpose of increasing the speed and efficiency at which you access the Website in the future, however any other copy or use of a portion of the Website will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS.
CHANGES TO WEBSITE AND/OR TERMS AND CONDITIONS OF SERVICE
GSN reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Website, the TOS, or the Privacy Policy, in whole or in part, at any time. Changes to the TOS will be effective when posted. You agree to review the TOS periodically to be aware of any changes. Your continued use of the Website after any changes to the TOS are posted will be considered acceptance of those changes.
CHANGES IN WEBSITE OWNERSHIP
You will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of this Website, of any personal information submitted by you and contained in GSN's database if GSN assigns all of its rights and obligations regarding the use of your personal information at the time of a merger, acquisition, or sale of all or substantially all of GSN's assets.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS
All trademarks, service marks, and trade names are proprietary to GSN and its affiliates. The Website Content and Website code (“Website Code”) as they exist on the Website are offered to you by GSN for limited use pursuant to these Terms of Service. As used herein, “Website Content” means any and all human readable audio and/or visual elements of this Website created or owned by GSN, or 3 rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Website. “Website Code” means any and all underlying elements of the Website, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Website.
The Website Content and Website Code are owned by GSN and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by GSN, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Website Content or Website Code. Any violation of copyright laws may be subject to severe civil and criminal penalties.
Any modification of the Website Content or Website Code, or any portion thereof, or use of the Website Content or Website Code for any unauthorized purpose constitutes an infringement of GSN's copyrights and other proprietary rights. Use of the Website Content or Website Code on any other Web Website or other networked computer environment is prohibited without prior written permission from GSN. Click here to notify GSN of a copyright infringement.
SOFTWARE
From time to time, and at its sole discretion, GSN may make available to users certain software that may be accessible or downloaded from this Website. In the event that you access or download software from this Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by GSN or a GSN-approved third party software provider (“Third Party Provider”). GSN does not transfer title to the Software to you. You own the medium on which the Software is recorded, but GSN retains full and complete title to its Software, and all intellectual property rights therein. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms of use set forth by such Third Party Provider and any applicable license agreement for its Software.
SUBMISSIONS
GSN is pleased to hear from its customers and welcomes your comments regarding GSN products, including GSN's online services. Unfortunately, however, GSN's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by GSN's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show concepts/treatments, stories or character ideas, screenplays, or original artwork.
If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of GSN. None of the Submissions shall be subject to any obligation of confidence on the part of GSN, and GSN shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, GSN shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall GSN's liability exceed $5,000.
Please refer to the GUIDELINES FOR USE OF THE FORUMS below for additional information concerning content submitted to GSN.
FORUMS AND PUBLIC COMMUNICATIONS
As a convenience to its visitors, GSN may provide, from time to time and at its sole discretion, one or more chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services (collectively, the "Forums"). Forums are provided by GSN to you and others subject to the TOS, the Guidelines for Use of the Forums (the “Guidelines” as defined below), the Privacy Policy, and other rules that may be published from time to time by GSN. GSN currently provides the Forums free of charge to users who agree to abide by the TOS, the Guidelines, the Privacy Policy, and all other rules governing your use of the Website (collectively, the “Rules”). GSN reserves the right to change the nature of this relationship at any time. You shall not, without GSN's approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization. The party posting any materials in the Forums are responsible for the reliability, accuracy and truthfulness of such material, and GSN has no control over same. Additionally, GSN has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Forums, you agree to (i) comply with the Rules, (ii) provide GSN with accurate, complete and true information about yourself as required on any Forum registration form (your "Registration Information") in order to create your GSN Forum Account (your "Account"), and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at GSN's sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using any Forum or other online GSN service.
As part of your Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify GSN of any unauthorized use of your user name or password, and (ii) ensure that you properly exit a Forum at the completion of your session. GSN shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND ALL RULES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF SERVICE AND THE RULES REGARDING USE OF THE FORUMS, PLEASE DO NOT ENTER ANY FORUM.
GUIDELINES FOR USE OF THE FORUMS
You are entirely responsible and liable for all activities conducted by you and/or any authorized user of your Account in the Forums, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Content") to any portion of the Forums. Listed below are some, though not all, violations that may result in GSN terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
By posting or uploading Content to any Forum or submitting any other Content to GSN, you automatically grant (or warrant that the owner of such rights has expressly granted) GSN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to and/or posting of any Content in any Forum shall not be subject to any obligation of confidence on the part of GSN, and GSN shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, GSN shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider, author or owner of the Content.
You agree to indemnify GSN for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Forum or submitting any Content to us, or your failure to comply with the TOS. While GSN does not and cannot review all Content posted by users in the Forums and is not responsible for the content or substance of these postings, GSN reserves the right to delete, move, or edit Content that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable. Although GSN does its best to monitor the Forums, in no event does GSN assume any obligation to do so or liability for failing to monitor the Forums or remove any specific material.
LINKED WEBSITES
GSN is not necessarily affiliated with Websites that may be linked to or from the Website (the "Linked Websites") and is not responsible for their content. Links from the Website to the Linked Websites are for your convenience only, and you access them at your own risk.
NO RESALE / EXPLOITATION BY LICENSEE
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Website, the Website Content, or the Website Code (collectively, the “Website Materials”), for any commercial purpose.
NON-UNITED STATES RESIDENTS
GSN makes no representation that the Website Materials, including merchandise offered for sale on the Website, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Website from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
JURISDICTIONAL ISSUES
The Website is controlled and operated by GSN from its offices within the State of California, United States of America. GSN makes no representation that materials in the Website are appropriate or available for use in other locations. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) 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 or using the Software, 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.
TERMINATION
You understand and agree that GSN may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and remove any Content posted or submitted by you to any Forum, for any reason. GSN may also, in its sole discretion and at any time, discontinue any Forum or limit or restrict any user access thereto, for any reason. You understand and agree that GSN may take any one or more of these actions without prior notice to you. Should GSN take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that GSN shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account.
DISCLAIMER
THE WEBSITE, THE WEBSITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GSN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSN DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. GSN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GSN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE MATERIAL PROVIDED ON THE WEBSITE IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSES IN THE FORUMS ARE NOT NECESSARILY THOSE OF GSN. NEITHER GSN, NOT ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GSN BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE MATERIALS, OR THE SOFTWARE, EVEN IF GSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE GSN TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, GSN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GSN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
COPYRIGHT NOTICE
If you believe that any Website Materials or Content appearing on the Website or in any Forum has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Game Show Network, LLC
2150 Colorado Avenue
Santa Monica, CA 90404
Attn: Game Show Network, Business Affairs
Fax: (310) 255-6989
E-Mail: GSNcopyrightagent@gsn.com
By this filing, GSN seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17USC section 512c or elsewhere in the law.
OTHER
These Terms of Service shall be governed by, and construed in accordance with, the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This contains the entire agreement between you and GSN and the agreement shall not be modified, except in writing, signed by both parties.
Last Updated 1/7/04
