Go to Privacy Policy
Last modified October15, 2007
TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement")
for
www.ecritic.vh1.com. ("Site,"
"we," "us,"
or "our"), an Internet
website offered in cooperation or connection with the VH1 television channel or
programming service ("VH1 Channel"]).
The VH1 Channel and the Site (together, "VH1”) are provided by MTV
Networks ("MTVN"), a
division of Viacom International Inc. (together with MTVN, the "Parent
Companies"). This Agreement governs only the content, features, and
activities related to this Site and does not cover websites for
any other MTVN programming channel, MTVN’s “Jobhunt” website, the Parent
Companies
and any subsidiaries and affiliates of VH1 and the Parent Companies
(collectively, “Affiliates”),
or any other company, unless specifically stated.
This Site is offered and made available only to users
14 years of age or older who reside in the
·
be libelous, defamatory,
indecent, vulgar or obscene, pornographic, sexually explicit or sexually
suggestive, racially, culturally, or ethnically offensive, harmful, harassing,
intimidating, threatening, hateful, objectionable, discriminatory, or abusive,
or which may or may appear to impersonate anyone else;
·
affect us adversely or
reflect negatively on us, the Site, our goodwill, name or reputation or cause
duress, distress or discomfort to us or anyone else, or discourage any person,
firm or enterprise from using all or any portion, features or functions of the
Site, or from advertising, linking or becoming a supplier to us in connection
with the Site;
·
send or result in the
transmission of junk e-mail, chain letters, duplicative or unsolicited messages,
or so-called "spamming" and "phishing";
·
be used for commercial or
business purposes, including, without limitation, advertising, marketing or
offering goods or services, whether or not for financial or any other form of
compensation or through linking with any other website or web pages;
·
transmit, distribute or
upload programs or material that contain malicious code, such as viruses,
timebombs, cancelbots, worms, trojan horses, spyware, or other potentially
harmful programs or other material or information;
·
forge any TCP/IP packet
header or part of the header information in any email or newsgroup posting for
any reason;
·
violate any laws,
regulations (including, without limitation, laws regarding the transmission of
technical data or software exported from the United States), judicial or
governmental order, any treaties or violate or infringe upon any intellectual
property rights, rights of publicity or privacy, or any other rights of ours or
of any other person, firm or enterprise; gain unauthorized access to the Site,
other users' accounts, names,
·
modify, disrupt, impair,
alter or interfere with the use, features, functions, operation or maintenance
of the Site or the rights or use and enjoyment of the Site by any other person,
firm or enterprise; or
·
collect, obtain, compile,
gather, transmit, reproduce, delete, revise, view or display any material or
information, whether personally identifiable or not, posted by or concerning any
other person, firm or enterprise, in connection with their or your use of the
Site, unless you have obtained the express, prior permission of such other
person, firm or enterprise to do so.
6. WIRELESS MARKETING SERVICES AND PROMOTIONAL
OPPORTUNITIES
The VH1 Channel may provide
users and viewers with the opportunity to register for special promotions,
services, news, programming and information delivered via text messaging and
other wireless devices such as mobile phones. Users are required to provide
their consent to receive such information from the VH1 Channel, either by
registering on this Site or via their wireless device. Such services and
promotional opportunities are provided by the Parent Companies or Affiliates for
the VH1 Channel. The information requested as part of the online registration
process is a user's telephone number or a wireless email address, but only if
specifically requested, and the carrier's name. Optional information may be
requested for specific promotions, such as a user's preferences regarding goods
or services, choices of music or artists, or other similar survey information.
Depending on the promotion, we may also collect an Internet email address or
other information and, depending on the information collected, the user may also
be required to confirm his or her agreement to this Agreement and, including
without limitation, the
Privacy Policy.
Users that register for the VH1 Channel's wireless
marketing services acknowledge, understand and agree that they will be charged
by the user's wireless carrier for all messages sent to the user from the VH1
Channel. Standard messaging rates will apply, unless noted otherwise. Under
no circumstances will the VH1 Channel, the Parent Companies or any Affiliates be
responsible for any wireless email or text messaging charges incurred by a user
or by a person that has access to a user's wireless device, telephone number, or
email address.
A user understands, acknowledges and agrees that the
VH1 Channel may, at its sole discretion and without liability to any user,
terminate its offer of any specific wireless marketing service or all wireless
marketing services at any time without advance notice. The VH1 Channel may
provide notice of terminations or changes in services on this Site.
7. VIRAL FEATURES
There
may be portions of our Site, content, functionality or features (e.g,
digital streaming media player(s)) ("Viral Features") that we make
available to users for your personal use. While we can obviously change
how, to whom and to what extent we make these Viral Features available at any
time without any notice and in our sole discretion, so long as they are
available to you, whenever you visit our Site or take advantage of any of these
Viral Features (whether you use these Viral Features on your own personal or
customized web pages, whether they are displayed or appear embedded or housed
within a web page or website of anyone else, whether a commercial website or web
page, an advertisement, promotional message or even a personalized or customized
web page of a friend or through any device that can access any of these Viral
Features) you agree not to download any content made available as part of the
Viral Features and acknowledge that such content is available only for streaming
viewing and, further, that you are bound by the applicable provisions of this
Agreement and our
Privacy Policy.
8. POSTINGS
Your comments, suggestions and information are
important to us. Portions of this Site
may provide you and other users an opportunity to participate in forum services,
blogs, web communities and other message and communication facilities (“Communities”)
and may provide you with the opportunity, through such Communities or otherwise,
to submit, post, display, transmit and/or exchange (a) information, ideas,
opinions, messages or other information (“Post” or “Postings”) and
(b) User Content (as defined in the
User Content Submission Agreement
), your submission of which is also governed by the terms and conditions
therein, and considered a Posting for purposes of this Agreement.
You understand, acknowledge and agree
that such Postings are the sole responsibility of the person from which such
Postings originated. This means that you are solely and entirely responsible for
the consequences of all Postings that you upload, post, email, transmit or
otherwise make available via the Site. Postings
do not reflect the views of the Site, VH1, the Parent Companies or the
Affiliates. We reserve the right to
monitor, edit or screen any Postings. If
we determine, in our sole discretion and judgment, that any Posting does or may
violate any of the terms of this Agreement, we reserve the right, at any time
and without limiting any and all other rights we may have under this Agreement,
at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete
Postings; (c) revoke your right to use the Site; and/or (d) use any
technological, legal, operational or other means available to us to enforce the
provisions of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you
hereby agree that: (a) you specifically authorize the Site, VH1, the Parent
Companies and their Affiliates to use such Posting in whole or in part,
throughout the universe, in perpetuity in or on any and all media, now known or
hereafter devised, and alone or together or as part of other information,
content and/or material of any kind or nature; (b) you represent and warrant
that (i) the Posting is original to you and/or fully cleared for use as
contemplated herein, (ii) the Posting does and will not, in any way, violate or
breach any of the terms of this Agreement, (iii) the Posting does not contain
libelous, tortious, or otherwise unlawful information, infringe or violate any
copyright or other right, or contain any matter the publication or sale of which
will violate any federal or state statute or regulation, (iv) the Posting is not
obscene or in any other manner unlawful, (v) the Posting shall not be injurious
to the health of any user, and (vi) we shall not be required to pay or incur any
sums to any person or entity as a result of our use or exploitation of the
Posting; and (c) if your Posting incorporates the name, logo, brand, service or
trademark, voice, likeness or image of any person, firm or enterprise, you
specifically represent and warrant that (i) you have the right to
grant the Site, VH1, the Parent Companies and their Affiliates the right
to use all such Postings as described above, (ii)
the Posting was produced in compliance with all applicable laws and regulations
and (iii) for any User Content Posting that contains original videos, you will
comply with any applicable identification verification and record-keeping
requirements, and you will secure and maintain the requisite personal
information and identification documentation for all individuals who appear in
any such original videos, as may be required by law and/or otherwise requested
or required by us in connection with our corporate compliance policies and
practices, which includes (y) the individual’s full legal name, current address,
date of birth and (z) a legible photocopy of a valid government-issued
identification document (e.g., a U.S.
passport, state driver’s license or valid photo ID card) to verify the
individual’s identity. With the submission of each such Posting, you must
deliver a full and complete set of such identification verification records to
us, as well as a legible photocopy of your valid driver’s license, passport or
other acceptable government-issued photo identification for our verification and
record-keeping purposes. In
addition, you specifically acknowledge and agree to abide by our policies
regarding governmental certification procedures relating to the foregoing
identification verification and record-keeping procedures and, if applicable,
you will promptly comply with any specific requests or directions we give you in
connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge
and agree that we have the right to delete, re-format and/or change your
Postings in any manner that we may determine (although you will not be
responsible for any such changes made). The amount of storage space on the Site
per user is limited. Some Postings may not be processed due to space constraints
or outbound message limitations. You understand, acknowledge and agree that we
assume no responsibility for deletion of Postings or any failure to store,
receive or deliver Postings in a timely manner or any other matter relating to
Postings. Posting is for noncommercial purposes only and you may not Post in any
manner which does or is intended to promote or generate revenue for any business
enterprise or commercial activity.
If you believe that any content on the Site
(including, without limitation, Postings) violates any of the terms of this
Agreement (except for any notices covered by the
Copyright Compliance Policy),
please click
here to send us a message about it (please refer to our
Copyright Compliance Policy
for any notices covered by the
Copyright Compliance Policy).
We cannot guarantee that we will respond to your message and we reserve the
right to take or refrain from taking any or all steps available to us once we
receive any such message.
9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, VH1, the Parent Companies, the
Affiliates or the Site's operational service providers, suppliers, and
Advertisers, may conduct promotions on or through the Site, including, without
limitation, auctions, contests and sweepstakes ("Promotions"). Each
Promotion may have Additional Terms and/or Rules which will be posted or
otherwise made available to you and, for purposes of each Promotion, will be
deemed incorporated into and form a part of this Agreement.
10. PODCASTING
The Site may provide podcasts ("Podcasts")
consisting of selected audio content from the Site that is provided over the
Internet using an XML feed and an associated audio file so that the audio file
may be downloaded and played from a user's computer or transferred to a portable
listening device. Certain software and hardware is required for users to
download and play Podcasts.
Podcasts are protected by United States Federal and
State laws, and applicable foreign laws, regulations and treaties, and all
rights in and to the Podcasts are reserved to VH1 or the content provider.
Podcasts are available for personal, noncommercial use only and you may
download, copy and/or transfer to a portable listening device or a computer the
Podcasts for your personal, non-commercial use only. You shall not, nor will you
allow any third party to reproduce, modify, create derivative works of, display,
perform, publish, distribute, disseminate, broadcast or circulate to any third
party, or otherwise use any Podcasts except as expressly authorized in this
Section 11.
By your access to and use of Podcasts, you understand,
acknowledge and agree that the Site, VH1, the Parent Companies and their
Affiliates do not warrant that its podcasting service will operate on all user
equipment. Please see the
"Disclaimer and Limitations of Liability"
section below for further details.
11. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or
hyperlinks referenced or included anywhere on the Site or any other form of link
or re-direction of your connection to, with or through the Site, does not
constitute an endorsement by, nor does it incur any obligation, responsibility
or liability on the part of the Site, VH1, the Parent Companies or any of their
Affiliates, any of their successors and assigns, and any of their respective
officers, directors, employees, agents, representatives, licensors, Advertisers,
suppliers, and operational service providers. We do not verify, endorse, or have
any responsibility for, any such third party sites, their business practices
(including their privacy policies), or any goods or services associated with or
obtained in connection with any such site, whether the Site's, VH1's, the Parent
Companies’ or any of their Affiliates’ logo or sponsorship identification is on
the third party site as part of a co-branding or promotional arrangement. If any
third party site obtains or collects Personal Information from you, in no event
shall we assume or have any responsibility or liability. Please read our
Privacy Policy,
which describes how VH1 collects and uses your Personal Information and
co-branding relationships.
12.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the
Site, at any time and for any reason,
by sending an email to ecritic@vh1.com
. We may terminate your use of and registration on the Site, at any time and for
any reason, with or without cause, without prior notice to you and without any
liability or further obligation of any kind whatsoever to you or any other
party. We may terminate your use of and registration
on the Site, at any time and for any reason, with or without cause, without
prior notice to you and without any liability or further obligation of any kind
whatsoever to you or any other party.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS
ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR
ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without
limiting the foregoing, we are not responsible or liable for any malicious code,
delays, inaccuracies, errors, or omissions arising out of your use of the Site.
You understand, acknowledge and agree that you are assuming the entire risk as
to the quality, accuracy, performance, timeliness, adequacy, completeness,
correctness, authenticity, security and validity of any and all features and
functions of the Site, including, without limitation, Postings and Materials
associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THIS SITE, VH1, THE PARENT COMPANIES, ANY OF THEIR
AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS,
OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR
ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED
TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES.
Notwithstanding any claim that a sole or exclusive
remedy which is provided in this Agreement may or does fail of its essential
purpose, you specifically acknowledge and agree that your sole and exclusive
remedy for any loss or damage shall be to have the Parent Companies, upon
written notice from you to us, attempt to repair, correct or replace any
deficient goods or services under this Agreement and, if repair, correction or
replacement is not reasonably commercially practicable for the Parent Companies,
to refund any monies actually paid by you for the Products involved and to
terminate and discontinue your use of the Site. You further understand and
acknowledge the capacity of the Site, in the aggregate and for each user, is
limited. Consequently some messages and transmissions may not be processed in a
timely fashion or at all, and some features or functions may be restricted or
delayed or become completely inoperable. As a result, you acknowledge and agree
that the Parent Companies assume no liability, responsibility or obligation to
transmit, process, store, receive or deliver transactions or Postings or for any
failure or delay associated with any Postings and you are hereby expressly
advised not to rely upon the timeliness or performance of the Site for any
transactions or Postings. Some jurisdictions do not allow for the exclusion of
certain warranties or certain limitations on damages and remedies, accordingly
some of the exclusions and limitations described in this Agreement may not apply
to you.
14. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, VH1,
the Parent Companies, and any of their Affiliates, or any of their successors
and assigns, and any of their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational service
providers harmless from and against any and all claims, actions, losses,
expenses, damages and costs (including reasonable attorneys' fees), resulting
from any breach or violation of this Agreement by you, or public posting of your
Postings.
The Parent Companies reserves the right to assume, at
its sole expense, the exclusive defense and control of any such claim or action
and all negotiations for settlement or compromise, and you agree to fully
cooperate with the Parent Companies in the defense of any such claim, action,
settlement or compromise negotiations, as requested by the Parent Companies.
15. PRIVACY
We respect your privacy and the use and protection of
your Personal Information. Please see our
Privacy Policy
for important information and disclosures relating to the collection and use of
your Personal Information in connection with your use of the Site.
15. LAW THAT APPLIES TO THIS AGREEMENT;
MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms,
Rules, our
Privacy Policy
and any other regulations, procedures and policies which we refer to and which
are hereby incorporated by reference, contains the entire understanding and
agreement between you and the Site and supersedes any and all prior or
inconsistent understandings relating to the Site and your use of the Site. This
Agreement cannot be changed or terminated orally. If any provision of this
Agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the Agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision which must
survive in order to allow us to enforce its meaning shall survive the
termination of this Agreement; however, no action arising out of this Agreement
or your use of the Site, regardless of form or the basis of the claim, may be
brought by you more than one (1) year after the cause of action has arisen (or
if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed
by, construed and enforced in accordance with the internal substantive laws of
the State of New York (notwithstanding the State's conflict of laws provisions)
applicable to contracts made, executed and wholly performed in New York, and,
for the purposes of any and all legal or equitable actions, you specifically
agree and submit to the exclusive jurisdiction and venue of the State and
Federal Courts situated in the State and County of New York and agree you will
not object to such jurisdiction or venue on the grounds of lack of personal
jurisdiction, forum non conveniens or otherwise. To the extent it may be
applicable, you agree to opt out from and expressly exclude any applicability of
the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING
COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS
AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF,
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY
JURY.
This Terms of Use Agreement was last modified on
October 24, 2007 and is effective immediately.
Copyright © 2007 MTV Networks, a division of Viacom
International Inc. - All Rights Reserved.