Terms & Conditions
FOX MOVIE CHANNEL, INC.
Welcome to the Fox Movie Channel, Inc. web site http://www.foxmoviechannel.com
and its related websites (collectively or individually, the "Site
") which is owned by Fox Movie Channel, Inc. ("FMC
" or "we
" or "us
"). This Site is operated by FMC and materials on the Site are primarily owned by FMC. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FMC. The services offered on the Site include features, content, updates about the Site, contests and other offerings (collectively, the "Site Services
"). The Site Services are hosted in the United States of America.
") sets forth the legally binding terms for your use of the Site Services. By using the Site Services, you agree to be bound by this Agreement, whether you are a "Visitor
" (which means that you simply browse the Site), a "Participant
" (which means that you have entered a sweepstake, contest or quiz, or you are a "Member
" (which means that you have registered with FMC). The term "User
" refers to a Visitor, a Participant or a Member. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately. If you wish to become a Member you must read this Agreement and indicate your acceptance during the Registration process. If and when you register to become a Member of the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data
") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, FMC reserves the right to terminate your Membership and/or your use of the Site. If and when you enter to become a Participant, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Participant Data
") and (b) maintain and promptly update the Participant Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, FMC reserves the right to cancel your participation in any sweepstake, contest or quiz.
This Agreement includes FMC's policy for acceptable use of the Site Services, your rights, obligations and restrictions regarding your use of the Site Services. You may receive a copy of this Agreement by emailing us feedback@FMC.com
In order to participate in certain Site Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise stated, or provided for, in the additional terms and conditions applicable to the Site Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
FMC may modify this Agreement from time to time and such modification shall be effective upon posting by FMC on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
FMC reserves the right, in its sole discretion to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. FMC expressly reserves the right to restrict, suspend, or terminate your access to any part of Site Services if FMC determines, in its sole discretion, that you pose a threat to FMC and/or its Users.
Use of and Membership and or Participation in the Site Services is void where prohibited. By using the Site Services, you represent and warrant that: (a) all Registration Data you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a Member or Participant, you are 13 years of age or older; and (d) your use of the Site Services does not violate any applicable law or regulation. Your Membership or Participation 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 or a Participant. FMC may terminate your Membership or Participation at any time, without warning. Even after Membership or Participation is terminated, this Agreement will remain in effect, including Sections 5-19.
3. Non-commercial Use by Members.
The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FMC. 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. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.
4. Proprietary Rights in Content on the Site.
The Site Services contain text, files, images, stills, photos, audio, video, sounds, musical works, works of authorship, or any other materials (collectively "Content
") of FMC ("FMC Content
"). FMC Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and FMC, FMC owns and retains all rights in the FMC Content and the Site Services. FMC hereby grants you a limited, revocable, nonsublicensable license to use the FMC 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 FMC Content found on this Site you may submit a request for permission to reproduce or distribute such FMC Content by contacting FMC in writing at: FMC, Inc., c/o Fox Cable Networks, Business & Legal Affairs, 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.
You are also strictly prohibited from creating works or materials that derive from or are based on the FMC Content 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 or other rights related thereto, will at all times remain the sole property of FMC.
5. Activity Prohibited.
The following, 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. FMC reserves the right to investigate and take appropriate legal action against anyone who, in FMC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
B. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services;
C. attempting to impersonate another User or person;
D. using any information obtained from the Site Services in order to harass, abuse, or harm another person;
E. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.
6. With respect to the Site's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables Users to view FMC Content without using the Site's video player. Also, you may not embed the Site's video player, except as expressly permitted by the Site, or on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate.
7. Copyright Infringement.
If you believe that any material contained in this Site, or any material or activity contained on a site to which FMC, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify FMC of your copyright infringement claim in accordance with the procedure set forth below.
FMC 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 Movie Channel, Inc.
Subject Line: FMC DMCA
Telephone: (310) 369-7069
Fax: (310) 969-5660
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)):
A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. 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;
C. 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 access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
D. 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;
E. 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;
F. 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 FMC.DMCA@fox.com
without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. FMC has a policy of terminating repeat infringers in appropriate circumstances.
8. Unsolicited Submissions
. FMC does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FMC's policy is to simply delete any such submission without reading it or forwarding it to other FMC staff. Therefore, any similarity between an unsolicited submission and any elements in any FMC creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to FMC via this Site, however, such submissions become the property of FMC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FMC 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 FMC, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
9. Employment Opportunities.
FMC may, from time to time, post FMC 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 FMC in response to employment listings, you are authorizing FMC to utilize this information for all lawful and legitimate hiring and employment purposes. FMC 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 FMC to contact, 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 FMC will review any or all of the information submitted to it by Users of the Site.
10. Sweepstakes and/or Contests.
Sweepstakes, contests, games and other promotions run on the Site by FMC may require the User to provide some Personally Identifiable Information ("PII
, which is incorporated into this Agreement by this reference.
12. Jurisdictional Issues. FMC makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
FMC 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. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by FMC. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with FMC, you do so at your own risk. When visiting any third-party sites you should refer to each such web site's individual "Terms of Service" and not rely on this Agreement in any way. FMC 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. FMC is not responsible for the conduct, whether online or offline, of any User of the Site Services. FMC 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 communication. FMC 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 FMC be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a FMC event, 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 FMC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FMC cannot guarantee and does not promise any specific results from use of the Site Services.
14. Limitation on Liability.
IN NO EVENT SHALL FMC 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 FMC AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FMC 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 FMC AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. Export Controls.
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.
If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles 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.
You agree to indemnify and hold FMC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; or (c) any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FMC regarding the use of the Site Services. The failure of FMC to exercise or enforce any right or provision of this Agreement shall 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. 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.
19. Copyrights © / Trademarks (TM).
©2003-2011 FMC, Inc. All FMC-related trademarks are owned by FMC and its related entities or are used under license. All rights reserved.
Please contact us at: feedback@FMC.com
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.