Last Modified August 27, 2009
MYOWN.COM/OWN.TV TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By accessing or using this site, you are deemed to have read, understand and agree to be bound by these terms and conditions of use ("Terms of Use"), whether or not you are a visitor to this site ("Visitor") or a registered member ("Member") (collectively, "User" or "Users"). In addition, when using particular forums, you will be required to abide by posted house rules or guidelines applicable to any such forums ("House Rules"). The House Rules are hereby incorporated by reference into the Terms of Use.
Scope of Terms of Use
The Terms of Use apply to your use of Myown.com/own.tv (the "Site") which is owned and operated by OWN: The Oprah Winfrey Network and/or its affiliated companies and related entities, including companies owned and/or controlled by Oprah Winfrey (collectively, "OWN," "we," "us" or "our").
We reserve the right, at our sole discretion, to modify the Terms of Use at any time. We shall have no obligation to notify the Users of any such changes other then posting such modifications on the Site and indicating the date of last revision on the Terms of Use. It is your responsibility to check these Terms of Use periodically to review any such changes. Upon each visit to the Site, you agree to be bound by the then current Terms of Use. If you do not to accept these Terms of Use, please do not use or access (or continue to use or access) the Site.
User Requirements
You must be 18 years of age or older in order to participate on our Site, and we will not knowingly collect personally identifiable information from anyone under the age of 18. However, if you are under the age of 18 and have obtained the consent of your parent or legal guardian, you may view the Site as a Visitor only. Further, you may not make use of the Site if such use violates any applicable law or regulation. You agree to abide by these restrictions and not to help anyone avoid these restrictions.
User Registration
If you access the Site as a Visitor, you will not be required to provide personally identifiable information. However, in order to access message boards, blogs, O groups, chat rooms, user review forums or other interactive services, including both public boards and private folders, on the Site (collectively, "Forums"), you will be required to register as an myown.com/own.tv Member, to create a Member account ("Account"), and to provide specific information. If registering as a Member, you also agree to:
i. provide true, accurate, and current information about yourself (you may not use any aliases or other means to mask your true identity) as prompted by any registration forms on the Site (the "Registration Data");
ii. create a Username which is not patently offensive or deceptive and does not violate any other party's legal rights;
iii. not register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
iv. maintain the security of your passwords and identification;
v. be fully and solely responsible for any and all use and activity (including content which is posted, transmitted, shared or otherwise made available) under your Account, and the consequences thereof, whether or not authorized by you;
vi. immediately notify us of any unauthorized use of your password or Account or any other breach of security.
You participate at your own risk on the Site. Additionally, you hereby release OWN, its directors, officers, agents, contractors, partners, assigns, successors-in-interest and its employees from any and all liability, direct or indirect, and for any liability, loss or damage that is caused or alleged to have been caused to you from your use of the Site.
We reserve the right to remove your Account and/or deny, restrict, suspend or terminate your access to all or any part of the Site without notice if we determine that you have violated these Terms of Use or our House Rules or for any other behavior that we, in our sole discretion, believe is harmful to the Site. Myown.com/own.tv shall have the unfettered authority to delete or edit any materials submitted by any Member in whole or in part. In addition, Myown.com/own.tv has no obligation to publish any materials submitted by any Member at any time.
Restrictions on Use of Site Content
OWN owned trademarks and service marks, including but not limited to, those listed at http://www.oprah.com/article/oprahdotcom/trademark, along with our trade names, trade dress, and designs (collectively, the "Marks") are the property of OWN. Additionally, other content found on our Site, including, but not limited to, text, postings, photographs, video, information, art, graphics, music, sound and other files, and their selection and arrangement (collectively, the "Site Content") is the property of OWN and/or its respective owners. Unless noted otherwise, you may access the Site, the Site Content, and the Marks for your personal and noncommercial use only. You may not use, modify, copy, publish, display, transmit, adapt, frame, or in any way exploit the Site Content or Marks, in whole or in part, without the prior written consent from OWN and all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained in the Site. Any use of the Marks or the Site Content other than as specifically authorized is strictly prohibited and will terminate any permission(s) granted herein. Such unauthorized use may also violate applicable laws including, but not limited to, applicable copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights.
User Conduct
By accessing the Site, you agree not to:
i. use the Site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Site or interfere with any other User's use and enjoyment of the Site;
ii. use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute the Marks or Site Content; and
iii. post or transmit any information, software or other material that contains a virus or other harmful component;
Further, by participating in the Forums, you agree not to:
i. intimidate, harass, or insult other Users;
ii. post, transmit, share or otherwise make available any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit, or otherwise objectionable;
iii. post, transmit, share or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international laws or regulation;
iv. post, transmit, share or otherwise make available any advertising, solicitations (for funds, goods, services, or otherwise), promotional materials, "junk mail," "spam," "pyramid schemes" or any other commercial material, including, but not limited to, business and charity solicitations;
v. post, transmit, share, otherwise make available or solicit personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials) or any other private information;
vi. post the same message more than once.
vii. impersonate any person or entity (including, but not limited to, any OWN employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; and
viii. use or attempt to use another's Account, without that User's authorization.
Although you are solely responsible for your interactions with other Users, we reserve the right, to monitor communications between you and other Users.
User Generated Content Posted in the Forums
We are not responsible for content posted, transmitted, shared, or otherwise made available by Users on or through the Forums, including, but not limited to, trademarks, trade names, service marks, trade dress, articles, recipes, art, designs, graphics, text, images, links, photographs, videos, information, music, song lyrics, sound and other files, (collectively, "User Generated Content" or "UGC"). UGC does not reflect the opinions or views of OWN. Although we may monitor the Forums, we do not review all UGC. We make no warranties, whether express or implied, as to the accuracy, integrity or quality of any UGC. Under no circumstances will we be liable in any way for UGC, including, but not limited to, any errors or omissions in any UGC or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. We retain, however, the right to archive or make any Forum discussion "Read Only" or to reject, modify or remove any UGC (without notice or liability) if we, in our sole discretion, consider any UGC to be in violation of these Terms of Use or any House Rules or otherwise harmful to the Site. Whether or not we modify or remove such UGC, Users remain solely responsible and liable for the UGC they supply.
By posting, transmitting, sharing, or otherwise making available UGC on the Forums, you (i) authorize and direct us to make copies thereof as we deem necessary in order to facilitate the posting and storage of your UGC on the Site and (ii) grant us a worldwide, perpetual, nonexclusive, and transferable right to use your UGC, in its original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed in perpetuity throughout the world. You represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to post the UGC submitted through your Account or otherwise posted, transmitted, or shared by you on or through the Site. In connection with all UGC you submit using the UGC submissions features, you grant to OWN the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty fee right, license, authorization and permission, in any and all media now known or hereinafter devised, in whole or in part, use, distribute, modify, exhibit or otherwise exploit the UGC or any derivative works for any purpose whatsoever without any notification, accounting, payment or other obligation to you. Additionally, you represent and warrant that no element of your UGC will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights. By using the Site, you further represent and warrant that you (and any licensor of content that you post on the Site), have waived any "moral rights" in connection with your UGC and that you will be solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any UGC posted by you on or through the Site. You are not entitled to any compensation for any UGC you post on the Site.
Links to Third Party Sites and Using Links in your Posts
The Site may contain links to other sites ("Third Party Sites") containing content, goods, services, and applications not owned by us (collectively, "Third Party Content"). We do not control and are not responsible for the Third Party Sites or Third Party Content.
These Terms of Use apply to and govern our Site only. We do not endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness, or completeness of any Third Party Content. Further, you hereby release OWN from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third Party Content. You should direct any concerns to that Third Party Site's administrator or webmaster.
You may provide links to Third Party Sites in your posts as long as such Third Party Sites are relevant to the subject matter and do not contain content that infringes on the rights of others, is profane, illegal, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, soliciting or an advertisement, violates any laws or regulations, or may cause harm to OWN or the Users.
Copyright Complaints
We respect the intellectual property rights of others, and we prohibit Users from posting, sharing, transmitting, or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Site by third parties not within our control, and we are under no obligation to, and do not review all content on the Site for the inclusion of illegal or impermissible content. However, it is our policy not to permit material known by us to infringe another party's copyright to remain on the Site. We will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of Members who are deemed to be repeat infringers.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
We do not endorse, warrant or guarantee any products or services offered on the Site. We assume no responsibility for the monitoring of or any transaction between Users and third-party providers of products or services.
No Personal Advice
The information contained in or made available through the Site (including, but not limited to, information contained in text files or in Forums) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We, and our licensors or suppliers, make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we, nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
Limitation of Liability
UNDER NO CIRCUMSTANCES, WILL WE, OR ANY OF OUR LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IF APPLICABLE LAW PERMITS, EVEN IF DUE TO OUR OR OUR LICENSORS. OR SUPPLIERS. NEGLIGENCE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Indemnity
You agree to defend, indemnify and hold harmless OWN and its directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or in connection with: (i) your use of the Site in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) your UGC, (iv) any links you may post to Third Party Sites and the Third Party Content therein, (v) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by us), or (vi) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Submissions
We welcome your comments about the Myown.com/own.tv Site. However, we will not review or consider any unsolicited submissions, such as articles, e-books, photos, video clips, and graphics. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff appear to others to be similar to their own work. If, despite our request, you send us any unsolicited ideas, suggestions or material(s) (collectively, "Submission(s)"), such Submissions will become the property of OWN. OWN is not obligated to keep any Submission confidential, and we will not be liable for any use or disclosure of any such Submission. We will exclusively own all known or later-existing rights to the Submissions worldwide and in perpetuity, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
If you are submitting something to a Third Party Site that contains a submissions policy, please consult that site for its specific requirements.
Privacy Policy
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By your participation in our Site activities, you certify that you are at least 18 years of age or the required greater age for certain features and a resident of the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any personal information you provide to us or we obtain as a result of your use of this Site will be transferred to the U.S. and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your personal information, you consent to this transfer and processing of personal information to and in the U.S., and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Site are required to provide true, current, complete and accurate personal information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with OWN's policies.
Jurisdictional Issues
We control and operate the Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
These Terms of Use will be governed by, and construed in accordance with, the internal laws of the State of California, without regard to its choice of laws principles. You agree that any and all disputes that may arise out of or relate to these Terms of Use shall be submitted for resolution to the American Arbitration Association's ("AAA") Los Angeles, CA office pursuant to the applicable AAA arbitration rules. In agreeing to arbitrate such disputes you agree to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in Los Angeles Superior Court located in Los Angeles, California. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA's Los Angeles, California office. If any provision of these Terms of Use is found unlawful, void, or for any reason unenforceable, then that provision shall be severed from the remaining Terms of Use and will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein. This Agreement may be modified only by our posting of changes to these Terms of Use or by a writing signed by both you and OWN.
MYOWN.COM/OWN.TV TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By accessing or using this site, you are deemed to have read, understand and agree to be bound by these terms and conditions of use ("Terms of Use"), whether or not you are a visitor to this site ("Visitor") or a registered member ("Member") (collectively, "User" or "Users"). In addition, when using particular forums, you will be required to abide by posted house rules or guidelines applicable to any such forums ("House Rules"). The House Rules are hereby incorporated by reference into the Terms of Use.
Scope of Terms of Use
The Terms of Use apply to your use of Myown.com/own.tv (the "Site") which is owned and operated by OWN: The Oprah Winfrey Network and/or its affiliated companies and related entities, including companies owned and/or controlled by Oprah Winfrey (collectively, "OWN," "we," "us" or "our").
We reserve the right, at our sole discretion, to modify the Terms of Use at any time. We shall have no obligation to notify the Users of any such changes other then posting such modifications on the Site and indicating the date of last revision on the Terms of Use. It is your responsibility to check these Terms of Use periodically to review any such changes. Upon each visit to the Site, you agree to be bound by the then current Terms of Use. If you do not to accept these Terms of Use, please do not use or access (or continue to use or access) the Site.
User Requirements
You must be 18 years of age or older in order to participate on our Site, and we will not knowingly collect personally identifiable information from anyone under the age of 18. However, if you are under the age of 18 and have obtained the consent of your parent or legal guardian, you may view the Site as a Visitor only. Further, you may not make use of the Site if such use violates any applicable law or regulation. You agree to abide by these restrictions and not to help anyone avoid these restrictions.
User Registration
If you access the Site as a Visitor, you will not be required to provide personally identifiable information. However, in order to access message boards, blogs, O groups, chat rooms, user review forums or other interactive services, including both public boards and private folders, on the Site (collectively, "Forums"), you will be required to register as an myown.com/own.tv Member, to create a Member account ("Account"), and to provide specific information. If registering as a Member, you also agree to:
i. provide true, accurate, and current information about yourself (you may not use any aliases or other means to mask your true identity) as prompted by any registration forms on the Site (the "Registration Data");
ii. create a Username which is not patently offensive or deceptive and does not violate any other party's legal rights;
iii. not register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
iv. maintain the security of your passwords and identification;
v. be fully and solely responsible for any and all use and activity (including content which is posted, transmitted, shared or otherwise made available) under your Account, and the consequences thereof, whether or not authorized by you;
vi. immediately notify us of any unauthorized use of your password or Account or any other breach of security.
You participate at your own risk on the Site. Additionally, you hereby release OWN, its directors, officers, agents, contractors, partners, assigns, successors-in-interest and its employees from any and all liability, direct or indirect, and for any liability, loss or damage that is caused or alleged to have been caused to you from your use of the Site.
We reserve the right to remove your Account and/or deny, restrict, suspend or terminate your access to all or any part of the Site without notice if we determine that you have violated these Terms of Use or our House Rules or for any other behavior that we, in our sole discretion, believe is harmful to the Site. Myown.com/own.tv shall have the unfettered authority to delete or edit any materials submitted by any Member in whole or in part. In addition, Myown.com/own.tv has no obligation to publish any materials submitted by any Member at any time.
Restrictions on Use of Site Content
OWN owned trademarks and service marks, including but not limited to, those listed at http://www.oprah.com/article/oprahdotcom/trademark, along with our trade names, trade dress, and designs (collectively, the "Marks") are the property of OWN. Additionally, other content found on our Site, including, but not limited to, text, postings, photographs, video, information, art, graphics, music, sound and other files, and their selection and arrangement (collectively, the "Site Content") is the property of OWN and/or its respective owners. Unless noted otherwise, you may access the Site, the Site Content, and the Marks for your personal and noncommercial use only. You may not use, modify, copy, publish, display, transmit, adapt, frame, or in any way exploit the Site Content or Marks, in whole or in part, without the prior written consent from OWN and all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained in the Site. Any use of the Marks or the Site Content other than as specifically authorized is strictly prohibited and will terminate any permission(s) granted herein. Such unauthorized use may also violate applicable laws including, but not limited to, applicable copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights.
User Conduct
By accessing the Site, you agree not to:
i. use the Site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Site or interfere with any other User's use and enjoyment of the Site;
ii. use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute the Marks or Site Content; and
iii. post or transmit any information, software or other material that contains a virus or other harmful component;
Further, by participating in the Forums, you agree not to:
i. intimidate, harass, or insult other Users;
ii. post, transmit, share or otherwise make available any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit, or otherwise objectionable;
iii. post, transmit, share or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international laws or regulation;
iv. post, transmit, share or otherwise make available any advertising, solicitations (for funds, goods, services, or otherwise), promotional materials, "junk mail," "spam," "pyramid schemes" or any other commercial material, including, but not limited to, business and charity solicitations;
v. post, transmit, share, otherwise make available or solicit personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials) or any other private information;
vi. post the same message more than once.
vii. impersonate any person or entity (including, but not limited to, any OWN employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; and
viii. use or attempt to use another's Account, without that User's authorization.
Although you are solely responsible for your interactions with other Users, we reserve the right, to monitor communications between you and other Users.
User Generated Content Posted in the Forums
We are not responsible for content posted, transmitted, shared, or otherwise made available by Users on or through the Forums, including, but not limited to, trademarks, trade names, service marks, trade dress, articles, recipes, art, designs, graphics, text, images, links, photographs, videos, information, music, song lyrics, sound and other files, (collectively, "User Generated Content" or "UGC"). UGC does not reflect the opinions or views of OWN. Although we may monitor the Forums, we do not review all UGC. We make no warranties, whether express or implied, as to the accuracy, integrity or quality of any UGC. Under no circumstances will we be liable in any way for UGC, including, but not limited to, any errors or omissions in any UGC or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. We retain, however, the right to archive or make any Forum discussion "Read Only" or to reject, modify or remove any UGC (without notice or liability) if we, in our sole discretion, consider any UGC to be in violation of these Terms of Use or any House Rules or otherwise harmful to the Site. Whether or not we modify or remove such UGC, Users remain solely responsible and liable for the UGC they supply.
By posting, transmitting, sharing, or otherwise making available UGC on the Forums, you (i) authorize and direct us to make copies thereof as we deem necessary in order to facilitate the posting and storage of your UGC on the Site and (ii) grant us a worldwide, perpetual, nonexclusive, and transferable right to use your UGC, in its original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed in perpetuity throughout the world. You represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to post the UGC submitted through your Account or otherwise posted, transmitted, or shared by you on or through the Site. In connection with all UGC you submit using the UGC submissions features, you grant to OWN the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty fee right, license, authorization and permission, in any and all media now known or hereinafter devised, in whole or in part, use, distribute, modify, exhibit or otherwise exploit the UGC or any derivative works for any purpose whatsoever without any notification, accounting, payment or other obligation to you. Additionally, you represent and warrant that no element of your UGC will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights. By using the Site, you further represent and warrant that you (and any licensor of content that you post on the Site), have waived any "moral rights" in connection with your UGC and that you will be solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any UGC posted by you on or through the Site. You are not entitled to any compensation for any UGC you post on the Site.
Links to Third Party Sites and Using Links in your Posts
The Site may contain links to other sites ("Third Party Sites") containing content, goods, services, and applications not owned by us (collectively, "Third Party Content"). We do not control and are not responsible for the Third Party Sites or Third Party Content.
These Terms of Use apply to and govern our Site only. We do not endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness, or completeness of any Third Party Content. Further, you hereby release OWN from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third Party Content. You should direct any concerns to that Third Party Site's administrator or webmaster.
You may provide links to Third Party Sites in your posts as long as such Third Party Sites are relevant to the subject matter and do not contain content that infringes on the rights of others, is profane, illegal, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, soliciting or an advertisement, violates any laws or regulations, or may cause harm to OWN or the Users.
Copyright Complaints
We respect the intellectual property rights of others, and we prohibit Users from posting, sharing, transmitting, or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Site by third parties not within our control, and we are under no obligation to, and do not review all content on the Site for the inclusion of illegal or impermissible content. However, it is our policy not to permit material known by us to infringe another party's copyright to remain on the Site. We will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of Members who are deemed to be repeat infringers.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
We do not endorse, warrant or guarantee any products or services offered on the Site. We assume no responsibility for the monitoring of or any transaction between Users and third-party providers of products or services.
No Personal Advice
The information contained in or made available through the Site (including, but not limited to, information contained in text files or in Forums) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We, and our licensors or suppliers, make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we, nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
Limitation of Liability
UNDER NO CIRCUMSTANCES, WILL WE, OR ANY OF OUR LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IF APPLICABLE LAW PERMITS, EVEN IF DUE TO OUR OR OUR LICENSORS. OR SUPPLIERS. NEGLIGENCE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Indemnity
You agree to defend, indemnify and hold harmless OWN and its directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or in connection with: (i) your use of the Site in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) your UGC, (iv) any links you may post to Third Party Sites and the Third Party Content therein, (v) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by us), or (vi) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Submissions
We welcome your comments about the Myown.com/own.tv Site. However, we will not review or consider any unsolicited submissions, such as articles, e-books, photos, video clips, and graphics. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff appear to others to be similar to their own work. If, despite our request, you send us any unsolicited ideas, suggestions or material(s) (collectively, "Submission(s)"), such Submissions will become the property of OWN. OWN is not obligated to keep any Submission confidential, and we will not be liable for any use or disclosure of any such Submission. We will exclusively own all known or later-existing rights to the Submissions worldwide and in perpetuity, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
If you are submitting something to a Third Party Site that contains a submissions policy, please consult that site for its specific requirements.
Privacy Policy
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By your participation in our Site activities, you certify that you are at least 18 years of age or the required greater age for certain features and a resident of the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any personal information you provide to us or we obtain as a result of your use of this Site will be transferred to the U.S. and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your personal information, you consent to this transfer and processing of personal information to and in the U.S., and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Site are required to provide true, current, complete and accurate personal information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with OWN's policies.
Jurisdictional Issues
We control and operate the Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
These Terms of Use will be governed by, and construed in accordance with, the internal laws of the State of California, without regard to its choice of laws principles. You agree that any and all disputes that may arise out of or relate to these Terms of Use shall be submitted for resolution to the American Arbitration Association's ("AAA") Los Angeles, CA office pursuant to the applicable AAA arbitration rules. In agreeing to arbitrate such disputes you agree to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in Los Angeles Superior Court located in Los Angeles, California. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA's Los Angeles, California office. If any provision of these Terms of Use is found unlawful, void, or for any reason unenforceable, then that provision shall be severed from the remaining Terms of Use and will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein. This Agreement may be modified only by our posting of changes to these Terms of Use or by a writing signed by both you and OWN.
