FOX Broadcasting Company: Terms of Use

February 10, 2009

Ownership

Welcome to fox.com and its family of websites (collectively the "Sites") which are owned and/or controlled by Fox Broadcasting Company ("FOX"). The Sites are operated by FOX and materials on the Sites are owned, for the most part, by FOX. The Sites may also include materials owned by third parties and posted on the Sites by virtue of a license, grant or some other form of agreement between the third party and FOX.

FOX has created the Sites for your personal enjoyment, entertainment and education. However, you are only authorized to access the Sites or to use the materials contained in the Sites (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an agreement ("Agreement") between you and FOX. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave the Sites immediately. Any questions or comments regarding, or problems with, the Sites should be sent to the Site Administrator at terms@fox.com.

FOX reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by FOX on the Sites. You agree to be bound by any changes to this Agreement when you use the Sites after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of the Sites by any person, please contact the Site Administrator at terms@fox.com with your concerns.

Access and Use

All materials contained in the Sites are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from the Sites for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Sites is strictly prohibited unless you have obtained the prior written consent of FOX or unless it is expressly permitted by the Sites. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Sites. The use of materials from the Sites on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the Sites can be made by contacting FOX in writing at terms@fox.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Sites including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Bulletin Boards and Chat Rooms

You are welcome to post, transmit or submit messages and other materials (which includes uploading files, inputting data or any other materials, "blogging,"or engaging in any form of communication in connection with the Sites) (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, the Sites (collectively "Forums"). However, FOX accepts no responsibility whatsoever in connection with or arising from such Messages.

FOX does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by FOX prior to posting and do not necessarily reflect the opinions or policies of FOX. FOX makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums.

You are solely responsible for the content of any Messages you submit to Forums or otherwise to the Sites. Please choose carefully the information you post on the Sites and that you provide to other Forum members ("Members"). FOX assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time FOX chooses, in its sole discretion, to monitor the Forums, FOX nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that FOX accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the Sites to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Sites by any other person.

In addition, children under the age of 13 are not authorized to post Messages or participate in Forums on the Sites.

The following is a partial list of the content that you are prohibited from posting to Forums or elsewhere on the Sites. You agree that you will not submit Messages to Forums or to the Sites that:

disclose personally identifiable information, such as your full name, email address, telephone number or street address;
are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to FOX that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful component;
are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Despite these prohibitions on the content of Messages, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FOX assumes no responsibility or liability for this material. If you become aware of misuse of the Forums by any person, please contact terms@fox.com. FOX reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Forums at any time, for any or no reason, with or without prior notice, and without liability. You agree to release FOX, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

By posting your Message, you agree that FOX, its affiliated companies, and their successors and licensees will have the unlimited right, without charge and for no consideration, to use, copy, sublicense, adapt, transmit, distribute, publically perform and display any portion of your Message (and your first name and city if you have publicized them) in all media now known or hereafter created worldwide and in perpetuity in connection with the Sites and/or FOX's advertising, promotion and publicity.

You are solely responsible for your interactions with other Forum Members. FOX reserves the right, but has no obligation, to monitor disputes between you and other Members.

Unsolicited Submissions

FOX does not knowingly, via the Sites or otherwise, accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FOX's policy is to simply delete any such submission without reading it or forwarding it to other FOX staff. Therefore, any similarity between an unsolicited submission and any elements in any FOX creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to FOX via the Sites, however, these submissions become the property of FOX and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FOX 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 FOX, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Linked Sites and Advertising

If you are interested in creating hypertext links to the Sites, you must contact FOX at terms@fox.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Sites or FOX, including its respective employees, agents, directors, officers and shareholders.

If FOX has provided links or pointers to other websites, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that FOX is connected with, operates, controls or endorses these websites.

Neither FOX, its third party providers or its distributors is responsible for the content or practices of third party websites that may be linked to the Sites, and makes no representation or warranty regarding such websites or their content. If you decide to access other websites, you do so at your own risk. The Sites may also be linked to other websites operated by companies affiliated or connected with FOX. When visiting other websites, however, you should refer to each such website's individual Terms of Use and not rely on this Agreement.

FOX takes no responsibility for third party advertisements which are posted on the Sites, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

While FOX does its best to ensure the optimal performance of the Sites, you agree that you use the Sites and rely on material contained in the Sites at your own risk.

The Sites, and all materials in the Sites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FOX DOES NOT WARRANT that the Sites are fit for any particular purpose; that the functions contained in the materials in the Sites will be uninterrupted; that defects will be corrected; that the Sites are free of viruses and other harmful components or that the Sites are accurate, error free or reliable.

You acknowledge that FOX, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that FOX, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, are not liable for any defamatory, offensive or illegal conduct or material found in connection with the Sites, including such conduct or material transmitted by any means by any other person.

You acknowledge that FOX, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Sites.

Indemnity

You agree to defend, indemnify and hold harmless FOX, its parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Sites; your failure to use the Sites; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination

FOX reserves the right to immediately terminate your use of, or access to, the Sites at any time if FOX decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FOX considers to be inappropriate or unacceptable.

Copyright Infringement

If you believe that any material contained in the Sites infringes your copyright, you should notify FOX of your copyright infringement claim in accordance with the following procedure.

FOX will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Sites' Designated Agent who is:

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)) and §512(d):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
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;
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;
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.
Emails sent to FOX.DMCA@fox.com without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. FOX has a policy of terminating repeat infringers in appropriate circumstances.

Other

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.

This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

FOX™ is a registered trademark of Twentieth Century Fox Film Corporation, used under license by FOX.