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 dewcircuitbreakout.mtv2.com ("Site," "we,"
"us," or "our"), an Internet website
offered in cooperation or connection with the MTV2 television channel
or programming service ("MTV2
Channel"]). The MTV2 Channel and the Site (together,
"MTV2") 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 MTV2 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 United States of America,
its territories and possessions ("U.S.").
If you are not yet 14 years old, or do not reside in the U.S., please
discontinue using the Site immediately, or if for any reason, you do
not agree with all of the terms and conditions contained in this
Agreement, please discontinue using the Site immediately because by
using or attempting to use the Site, you
certify that you are at least 14 years of age and meet any other eligibility
and residency requirements of the Site. Notwithstanding the
foregoing, we may require stricter age requirements to access, use and/or
participate in certain features or functions of the site pursuant to
site-specific rules and guidelines.
These terms and conditions regarding your use of the Site constitute
a legally binding agreement between you and the Site and the Parent
Companies. In this Agreement, the term "Site" includes all
websites and web pages within the Site as well as any equivalent, mirror,
replacement, substitute or backup websites and web pages that are associated
with the Site. By using this Site, you understand, acknowledge and agree
that you will abide by the terms of this Agreement and any additional
terms that govern certain products and services, which will be presented
in conjunction with those products and services ("
Additional
Terms"), including the
User Content Submission Agreement which governs your submission of User
Content as such term is defined therein. The Site may also provide rules
of participation ("Rules") for certain activities and
services including, but not without limitation, contests and sweepstakes,
award programs, membership clubs, email, and dating services. The Site's
Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this
Agreement by reference. To the extent that there is a conflict between
this Agreement and Additional Terms for the activity in which you choose
to participate, the Additional Terms shall govern. To the extent that
there is a conflict between this Agreement and the specific Rules for
the activity in which you choose to participate, this Agreement shall
govern. This Agreement will remain in full force and effect as long
as you are a user of the Site and in the event of termination of any
membership, service or feature, you will still be bound by your obligations
under this Agreement, the Privacy Policy, any Additional Terms or Rules, including
any indemnifications, warranties and limitations of liability.
The words "use" or "using" in this
Agreement means any time an individual (a "user"),
directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with use, display, view, print
or copy from the Site, transmit, receive or exchange data or communicate
with the Site, or in any way utilizes, benefits, takes advantage of
or interacts with any function, service or feature of the Site, for
any purpose whatsoever. This Agreement does not cover your rights or
responsibilities with respect to third party content or sites or any
links that may direct your browser or your connection to third party
sites or pages. This is the entire and exclusive Agreement between you
and us regarding use of the Site and it cannot be modified, except as
specifically described below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password combination
in order to access and use certain features or functions of the Site
and may also, from time to time, provide users with additional codes
or passwords necessary to access and use certain features or functions
of the Site. Please read our Privacy Policy, which describes the personally identifiable
information ("Personal Information") we collect, use,
disclose, manage and store. As part of the registration process for
the feature or function, you will choose a user name and password (or
we may assign an initial password which we will give you the option
to change). Your user name and password are personal to you and you
may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the
theft or misappropriation of your user name or password, disclosure
of your user name or password, or your authorization of anyone else
to use your user name or password. You agree to immediately notify us
if you become aware of or believe there is or may have been any unauthorized
use of (or activity using) your user name or password or any other need
to deactivate your user name or password due to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason
in our sole discretion, to change the terms of this Agreement. We will
post or display notices of material changes on the Site and we may also
e-mail you about these changes. Once we post them on the Site, these
changes become effective immediately and if you use the Site after they
become effective it will signify your agreement to be bound by the changes.
You should check back frequently and review the terms and conditions
of this Agreement regularly so you are aware of the most current rights
and obligations that apply to you and the terms and conditions of your
agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text,
images, photographs, illustrations, audio and video material, artwork,
graphic material, databases, proprietary information and all copyrightable
or otherwise legally protectible elements of the Site, including, without
limitation, the selection, sequence and 'look and feel' and arrangement
of items, and all trademarks, service marks and trade names (individually
and/or collectively, "Material"), are the property
of the Parent Companies, and their Affiliates, and any of their successors
and assigns, and any of their respective licensors, Advertisers (as
defined below), suppliers, and operational service providers and are
legally protected, without limitation, under U.S. Federal and State,
as well as applicable foreign laws, regulations and treaties. Unless
the context clearly requires otherwise or we explicitly say so in writing,
the term "Site" includes "Material" as well. The
Site is to be used solely for your noncommercial, non-exclusive, non-assignable,
non-transferable and limited personal use and for no other purposes.
You must not alter, delete or conceal any copyright or other notices
contained on the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall not,
nor will you allow any third party (whether or not for your benefit)
to reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate to any third
party (including, without limitation, on or via a third party website),
or otherwise use, any Material without the express prior written consent
of MTVN or its owner if MTVN is not the owner. Any unauthorized or prohibited
use of any Material may subject you to civil liability, criminal prosecution,
or both, under applicable federal, state and local laws. We require
users to respect our copyrights, trademarks, and other intellectual
property rights. We likewise respect the intellectual property of others.
On notice, we will act expeditiously to remove content on the Site that
infringes the copyright rights of others and will disable the access
to the Site and its services of anyone who uses them to repeatedly to
infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously.
We therefore employ multiple measures to prevent copyright infringement
over this Site and to promptly end any infringement that might occur.
If you believe that the Site contains elements that infringe your copyrights
in your work, please follow the procedures set forth in our Copyright Compliance Policy.
4. ADVERTISING
From time to time, you may communicate
with, receive communications from, be re-directed to, interact with,
or participate in or use the services or obtain goods and services of
or from, third parties (collectively, the "Advertisers")
such as our advertisers, sponsors, or promotional partners as a result
of your use of the Site. All such communication, interaction and participation
is strictly and solely between you and such Advertisers and we shall
not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may
exist between you and the Advertiser or any goods or services you may
purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject
to all applicable local, state, national laws and regulations and, in
some cases, international treaties. You are solely responsible for all
activities, acts and omissions that occur in, from, through or under
your user name or password. You shall not use, allow, or enable others
to use the Site, or knowingly condone use of this Site by others, in
any manner that is, attempts to, or is likely to:
- 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, passwords, personally identifiable
information or other computers, websites or pages, connected or linked
to the Site or to use the Site in any manner which violates or is inconsistent
with the terms and conditions of this Agreement;
- 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 MTV2 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 MTV2 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 MTV2 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 MTV2 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 MTV2 Channel.
Standard messaging rates will apply, unless noted otherwise. Under
no circumstances will the MTV2 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 MTV2 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 MTV2 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, MTV2, 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, MTV2, 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, MTV2, 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, MTV2, 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 MTV2 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, MTV2, 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, MTV2, 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, MTV2'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 MTV2 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 clicking here to go
to "Your
Account", entering
your user name and password, and then selecting the "Close My Account"
option. 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, MTV2, 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. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical
glitches that effect how the Site works. When we find them on our end, we will fix them.
Unfortunately, your home computer may cause some glitches that effect how you see our
Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware
on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a
form of software which is installed in a computer system with malicious intentions, usually without
the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active
content, rogue programs and dialers, among others. While we continuously work closely with our partners
to ensure that everything on the Site is working properly, sometimes Malware programs on your personal
computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which
could prevent future installations of Malware.
* Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
* Install a SpyWare Removal Tool such as Spybot Search and Destroy
or AdAware to clean your computer of Malware.
* Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
* Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on
your computer system. Please make sure to carefully read the Help or Customer Support areas of any software
download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us
15. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, MTV2, 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.
16. 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.
17. 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 April 28, 2008 and
is effective immediately.
Copyright © 2007 MTV Networks, a division of Viacom International Inc.
- All Rights Reserved.