AMERICANIDOL.COM TERMS AND CONDITIONS OF USE

Use of the Site Services and registration to be a Member ("Membership") is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

This Agreement shall remain in full force and effect while you use the Site Services or are a Member. Fox Digital may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Fox Digital immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

The Site Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Fox Digital. Illegal and/or unauthorized use of the Site Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

Fox Digital does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Site Services (Content posted by any Member, "User Content"). After posting your User Content to the Site Services, as between Fox Digital and you, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the Site Services, you hereby grant to Fox Digital a royalty-free, unlimited license in perpetuity to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site Services or otherwise.

You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the right to grant the license set forth in this section, (ii) the posting of your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on or through the Site Services does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.

The Site Services contain Content of Fox Digital ("Fox Digital Content"). Fox Digital Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Fox Digital, Fox Digital owns and retains all rights in the Fox Digital Content and the Site Services. Fox Digital hereby grants you a limited, revocable, nonsublicensable license to use the Fox Digital Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any Fox Digital Content found on this Site you may submit a request for permission to reproduce or distribute such Fox Digital Content by contacting Fox Digital in writing at:

Fox Digital Media
Attn: General Manager, americanidol.com
2121 Avenue of the Stars, 20th Floor
Los Angeles, CA 90067

Copy to:
americanidol.com
c/o Fox Broadcasting Company
Attn: Business Affairs
P.O. Box 900
Beverly Hills, CA 90213

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. The only exception to this policy is if the materials are provided to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright related thereto, will at all times remain the sole property of Fox Digital.

The Site Services contain Content of Users and content from other Fox Digital licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site Services.

You are solely responsible for the Content that you post on or through any of the Site Services, and any material or information that you transmit to other Members and for your interactions with other Users. Fox Digital does not endorse and has no control over the Content submitted by Users. Content is not necessarily reviewed by Fox Digital prior to posting and does not necessarily reflect the opinions or policies of Fox Digital. Fox Digital makes no warranties, express or implied, as to such Content or to the accuracy and reliability of the Content or any other material or information posted or transmitted by Users.

Fox Digital may delete any Content for any or no reason, including Content that in the sole judgment of Fox Digital violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Fox Digital assumes no responsibility for actively monitoring the Site Services for inappropriate Content or conduct. If, at any time Fox Digital chooses, in its sole discretion, to monitor the Site Services, Fox Digital nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Fox Digital accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content.

Please refer to the "Rules of Discussion" for information regarding the posting of Content to Forums.

Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: telephone numbers, street addresses, last names or email addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, images, video, audio and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fox Digital assumes no responsibility or liability for this material. If you become aware of misuse of this Site by any person, please contact the Site Administrator at idol.web@fox.com with your concerns.

You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Fox Digital reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:

1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs (in public forums) or email addresses;
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
11. includes a photograph or video of another person that you have posted without that person's consent;
12. violates the privacy rights, publicity rights, copyright, trademark rights, contract rights or any other property rights of any person;
13. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
14. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
15. involves commercial activities and/or sales without prior written consent from Fox Digital such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.

The following in addition to the Rules of Discussion is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Fox Digital reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. transmission of any chain letters or junk email to other Members. It is also a violation of this Agreement to use any information obtained from the Site Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Fox Digital reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fox Digital deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Site Services, you acknowledge that you will have caused substantial harm to Fox Digital, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fox Digital $50 for each such unsolicited email or other unauthorized commercial communication you send through the Site Services;
3. any automated use of the system, such as using scripts to add friends or send comments or messages;
4. impersonating or attempting to impersonate another Member or person;
5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
6. selling or otherwise transferring your profile;
7. using any information obtained from the Site in order to harass, abuse, or harm another person;
8. covering or obscuring the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means;
9. interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Site.
10. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
11. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.

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

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

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

Fox Digital may, from time to time, post Fox Digital employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Fox Digital in response to employment listings, you are authorizing Fox Digital to utilize this information for all lawful and legitimate hiring and employment purposes. Fox Digital also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by Fox Digital to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that Fox Digital will review any or all of the information submitted to it by Users.

If you are interested in creating hypertext links to the Site, you must contact Fox Digital Media, Fox Digital Media, Attn: General Manager, americanidol.com, 2121 Avenue of the Stars, 20th Floor, Los Angeles, CA 90067, 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 Site or Fox Digital, including its respective employees, agents, directors, officers and shareholders.

Fox Digital is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. Fox Digital is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fox Digital. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by Fox Digital. When you access these third-party websites, whether or not websites operated by companies affiliated or connected with Fox Digital, you do so at your own risk. When visiting any third-party websites you should refer to each such website's individual "Terms of Service" and not rely on this Agreement in any way. Fox Digital takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fox Digital is not responsible for the conduct, whether online or offline, of any User of the Site Services. Fox Digital assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Fox Digital is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall Fox Digital be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at an event promoted on the Site, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and Fox Digital expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fox Digital cannot guarantee and does not promise any specific results from use of the Site Services.

IN NO EVENT SHALL FOX DIGITAL AND/OR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF FOX DIGITAL AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FOX DIGITAL AND/OR THE SITE 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 FOX DIGITAL AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.

Software available in connection with the Site Services (the "Software") is further subject to United States of America export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

You agree to defend, indemnify and hold harmless Fox Digital, its parents and affiliates 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: (a) your use of the Site Services in violation of this Agreement; (b) your breach or alleged breach of this Agreement; (c) any violation of the Rules of Discussion; (d) any breach of your representations or warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes Fox Digital to be liable to another; or (e) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Fox Digital reserves the right to immediately terminate your use of, or access to, this Site at any time if Fox Digital 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 Digital considers to be inappropriate or unacceptable.

If you believe that any material contained in this Site, or any other material or activity contained on a site to which Fox Digital, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify Fox Digital of your copyright infringement claim in accordance with the following procedure.

Fox Digital 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 this Site's Designated Agent who is:

Fox Digital Media
Attn: Copyright Agent, americanidol.com
10201 W. Pico Blvd, Bldg 103
Los Angeles, CA 90035
Telephone: (310) 369-7069
Fax: (310) 969-5660
Email: idol.dmca@fox.com

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

1. 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 are 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 (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 claimed to be infringing, that is to be removed or accessed to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
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, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to idol.dmca@fox.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

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 California 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 California or, if appropriate, the United States District Court for the Central District of California 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.