FREE TV NETWORKS' TERMS OF USE AGREEMENT
This Terms of Use Agreement (“TOU”) governs your use of the various websites, mobile services and applications (“apps”) and any other service that is owned, operated or provided by Free TV Networks, LLC (“FTN”) or by our television and streaming networks (“Networks”) (collectively, “we,” us,” and “our”) that includes an authorized link to this TOU (collectively, “Services”). (For a list of our Networks, Click Here.) The Services are offered to users conditioned on your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. Your use of the Services constitutes your binding consent to all such terms, conditions and notices.
PLEASE REVIEW THIS TOU CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU,
DO NOT USE OUR SERVICES.
This TOU will remain in full force and effect as long as you are a user of the Services and in the event of termination of any membership, service or feature, you will still be bound by certain obligations under this TOU. Please see Section 15 for details.
For information about our policies and procedures regarding our collection and use of personal information acquired through your use of the Services, please see our Privacy Policy, which is incorporated into this TOU by reference.
Changes to TOU: We may change this TOU on occasion without advance notice to you. Therefore, please review this TOU periodically. When we change the TOU, we will post the Effective Date and notice of such changes on our designated Services. If you do not accept the changes, your only recourse is to stop using the Services immediately. If you continue to use the Services after the TOU has been changed, you accept all changes.
Additional Terms: We may provide additional terms, such as rules for certain Services and activities, including, but not limited to, contests, sweepstakes, subscription emails and other interactive features and services (“Additional Terms”). To the extent that there is a conflict between this TOU and the Additional Terms, the Additional Terms shall govern.
Intellectual Property Rights: All text, images, photographs, graphics, logos, trade, product or program names, titles, packaging, user interfaces, audio and/or video content and any other content provided on or through the Services by FTN, the Networks, the Networks’ affiliated stations (“Network Affiliates”), third-party licensors, vendors and suppliers that provide internal support to our Services (collectively “Operational Service Providers”), and by advertisers, sponsors or promotional partners (collectively, “Advertisers”), including the selection, coordination, and arrangement of any such content (collectively, “FTN Content”), are owned by or licensed to FTN, the Networks, Advertisers, Operational Service Providers and/or our third-party licensors. FTN Content is protected under U.S. and/or international copyright, trademark, patent, or other relevant intellectual property laws. Nothing stated or implied on the Services confers on you any additional license or right under any copyright, trademark, patent or other intellectual property right of FTN or any third party unless explicitly provided in this TOU.
You may only use the Services and the FTN Content as expressly permitted in this TOU and for no other purpose. FTN Content may not be copied, cached, reproduced, distributed, or transmitted except as permitted by law or expressly authorized by FTN in writing. You may not (and you may not permit or encourage anyone else to) make derivative works, publicly perform, reproduce, distribute, transmit or link to the Services or any FTN Content in or on any other third party website, digital service or via any vehicle in any manner that is likely or intended to cause confusion about the owner or origin of FTN Content, or is misleading, disparaging, harmful, or a detriment to FTN, as determined in our sole discretion.
We may revoke permission to use FTN Content at any time and for any reason. FTN, Networks, Advertisers, Operational Service Providers and/or licensors retain exclusive rights in any FTN Content that are not expressly provided in this TOU.
Additionally, you cannot imitate, dilute or conduct confusing, misleading, or disparaging uses of any FTN Content trademark under U.S. and/or international laws, whether for commercial or non-commercial use.
Notice of Copyright Infringement: If you believe that your material has been posted on our Services and is accessible in a way that constitutes copyright infringement, you may contact through our Contact Us link.
Links to Third-Party Services or Websites: The Services may contain links to external websites, apps or other services owned, operated, or managed by third parties (collectively, “Linked Websites”). Although a Linked Website may feature an FTN or Network logo or identification, such third-party websites are not under the control of FTN or Networks. Nor is FTN or Networks responsible for the contents, operations, business practices or privacy policies of any Linked Website. We provide Linked Websites to you only as a convenience, and the inclusion of such links is not necessarily an endorsement by FTN or the Networks in favor of any person offering any content, services, or products on the Linked Websites. If you decide to access and use Linked Websites, you understand, acknowledge and agree that you do so at your own risk.
Advertisers: The inclusion of Advertisers’ statements, messages, offers, advice, or promotional materials on or through the Service is not an endorsement by FTN or the Networks of any Advertiser or its messaging. Your correspondence and business dealings directly with, or participation in the promotions of Advertisers found on or through the Service, including payment and delivery of your purchase of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Advertiser. You understand, acknowledge and agree that FTN and Networks are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or due to the presence of Advertisers on the Service.
Prohibited Uses Generally: You are required to comply with all applicable laws in connection with your use of the Services. We may provide additional requirements in Additional Terms or posted on our Services. As a condition of your use of the Services, you represent and warrant that you will not use the Services for any purpose that is unlawful or prohibited by this TOU. You further agree not to:
(a) Use any incomplete, false or inaccurate biographical information or other information, or impersonating any person or otherwise misrepresent your relationship or affiliation for purposes of using the Services, or for registering for any activity, feature, and/or promotion;
(b) Delete or revise any material, FTN Content or other information on these Services;
(c) Take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure or operating systems;
(d) Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;
(e) Harvest or otherwise collect information about users, including but not limited to, email addresses, IP addresses, unique device IDs, usage, transaction or search history using systematic, electronic methods, or any other means to create or compile (directly or indirectly) a profile, compilation, database or directory without prior written permission from FTN;
(f) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available from FTN and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer, Mozilla, Firefox, or Google Chrome);
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
(h) Link to the Services or FTN Content, frame the Services, exhibit or display the Services in association or connection with an unauthorized logo, name, or mark; or do anything that could falsely suggest a relationship between FTN, the Networks, FTN Affiliates and any non-affiliated third party, or do anything that could potentially deprive us of revenue or user activity (including but not limited to revenue or activity generated from promotions, advertising, or sale of Products);
(i) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in our sole judgment, exposes us or any of our users, Operational Service Providers, or Advertisers to any liability or detriment of any type.
(j) You also are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
(A) Accessing data not intended for you or logging into a server or account that you are not authorized to access;
(B) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(C) Attempting to interfere with the service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Service;
(D) Sending unsolicited e-mail, texts, IM, or any other communications to a computer or a wireless device, including promotions and/or advertising of Products, an entity or an individual person; or
(E) Forging any TCP/IP packet header or any part of the header information in any email, mobile message, or posting.
Violations of any system, network, or security measures related to our Services may result in civil and/or criminal liability. FTN will investigate occurrences that may involve such violations and will involve and cooperate with governmental agencies and law enforcement authorities in prosecuting users who are involved in such violations.
Minors: Children under the age of 16 are prohibited from participating in activities that require registration and the collection of Personal Information. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and Personal Information. Persons between the ages of 16 and 18 years may not participate in most activities on the Services, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor’s access to and use of the Services; and (c) the consequences of any use of the Services by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES: EXCEPT AS SPECIFICALLY SET FORTH IN THIS TOU, THE SERVICES, INCLUDING ANY CONTENT, SOFTWARE AND FUNCTIONS AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO OUR SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH OUR SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY, PROPRIETARY OR PRIVACY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF; (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF OUR SERVICES IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING THE SERVICES.
OUR SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION. WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SERVICES, OR THAT ANY SUCH INACCURACIES, ERRORS OR SUCH INFORMATION WILL BE FIXED. NEITHER FTN, THE NETWORKS, NOR ANY OPERATIONAL SERVICE PROVIDER, INVOLVED IN CREATING, PRODUCING OR DELIVERING THESE SERVICES ON OUR BEHALF, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THESE SERVICES OR ANY WEBSITE OR ONLINE SERVICE LINKED TO THESE SERVICES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. WE RESERVE THE RIGHT TO DELETE, SUSPEND, TERMINATE OR ALTER THE CONTENT OF THESE SERVICES OR THE SERVICES THEMSELVES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WE WILL NOT BE LIABLE IN ANY WAY FOR ANY POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN THE EVENT THAT YOU INCUR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY CLAIMED DAMAGES ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR ANY OTHER EQUITABLE RELIEF.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THIS MEANS THAT SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification: You agree to defend, indemnify and hold harmless FTN, the Networks, Network Affiliates, Advertisers, Operational Service Providers, their affiliated entities, and each of their respective officers, directors, employees, shareholders, representatives and agents, and successors and assigns from and against any claims, actions, governmental investigations or inquiries, lawsuits, proceedings, costs, expenses, demands, or obligations of any kind including, without limitation, reasonable attorney and accounting fees (collectively, “Claims” or individually, a “Claim”) arising out of or in connection with your use or misuse of the Services, including without limitation, your violation of this TOU, or your violation of any rights of another person. We will provide notice to you promptly of any such Claim and will assist you, if requested and at your expense, in defending any such Claim. You may not settle any Claim covered by this Section 10 without FTN’s prior written approval. We retain the right to take exclusive control and defense of any Claim subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
Choice of Law and Forum: The Networks and Services are intended for distribution only in the United States, its territories, and possessions (the “U.S.”). If you access the Services outside the U.S., you consent to the application of U.S. law, including U.S. laws governing internet privacy.
This TOU shall be governed by and construed in accordance with the laws of the State of Georgia, excluding Georgia’s conflict of law rules. You expressly agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Atlanta, Georgia, in all disputes arising out of or relating to the use of our Services.
Severability and Integration: This TOU constitutes the entire agreement by and among you and FTN and governs your use of thes Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic). If any portion of this TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
No Waiver: Our failure to exercise or enforce any provision of this TOU or respond to a breach by you or other parties shall not in any way waive our right to exercise or enforce subsequently any terms or conditions of this TOU or to act with respect to similar breaches.
No Professional Advice: Any information supplied by any employee or agent of FTN or a Network, whether by telephone, email, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services and does not constitute a waiver or modification of any of the terms in this TOU, or any legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in their applicable jurisdictions.
Termination: FTN reserves the right, in its sole discretion, to terminate your membership or account, and/or disable your access to all or part of our Services, for any reason or no reason, with or without notice. Sections 3, and 8 - 16 of this TOU will survive termination, whether you voluntarily close your account or cancel your membership or whether we terminate your membership, account and/or disable access to our Services for any reason.
Miscellaneous: You agree that (a) no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this TOU or your use of the Services; and (b) If we are required by state or federal law to notify you regarding changes to this TOU or for other events, you hereby acknowledge and agree that such notices will be effective upon our posting the required information on designated Services or by delivery to you via email, if you have provided accurate contact information. You further acknowledge and agree that if you have not provided accurate contact information, we are not responsible for failure to notify you.