Terms of Service
Effective as of August 1, 2014
Description of FTS Services and Acceptance of Terms of Service--Including Arbitration of Disputes
Welcome to the Fox Television Stations group of website(s) (the "FTS Site(s)"), which are operated by the television stations (the "FTS Station(s)") owned by Fox Television Stations, Inc. and/or certain of its affiliated entities (collectively, "FTS" or "we"). The services offered by FTS may include video services, community pages and message boards, sweepstakes, contests and promotions, mobile services, texting, email, push alert services, and any other features, content, or applications offered from time to time by FTS that link to these Terms of Service in connection with FTS's business (collectively, the "FTS Services"). FTS is based in the United States and the FTS Services are hosted in the United States. FTS is a part of the United States based operations of Twenty-First Century Fox, Inc.
FTS furnishes the FTS Sites and the FTS Services for your personal enjoyment and entertainment. By visiting the FTS Sites (whether or not you are a registered user) or using the FTS Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. FTS may modify this Agreement at any time, and each such modification will be effective upon posting on the FTS Sites. All material modifications will apply prospectively only. Your continued use of the FTS Sites or the FTS Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the FTS Services immediately.
Your access to and use of certain FTS Services may require you to accept additional terms and conditions applicable to such FTS Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW [LINK] CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND FTS UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND FTS WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT.
Registration and Security
All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify FTS immediately if you suspect any unauthorized use of, or access to, your account or password.
Unless terminated by FTS in its sole discretion, this Agreement remains in full force and effect while you use the FTS Services. You may terminate your account on any of the FTS Services at any time, for any reason, by contacting the Site Administrator listed in the "Contacts" link on the applicable FTS Site. FTS may terminate your account and/or access to the FTS Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your user account or access to the FTS Services is terminated by you or by FTS, this Agreement will remain in effect with respect to your past and future use of the FTS Site(s) or the FTS Services. Any rights to your account terminate upon your death.
Purchasing Services or Products
FTS makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. FTS provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the FTS Sites or the FTS Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, FTS will in no way be responsible or liable to you for any such breach.
FTS will not store any record of Personal Financial Information related to purchases or other transactions you make through the FTS Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Limited Content License
The FTS Services are offered for your personal use only and may not be used for commercial purposes except as expressly provided herein. FTS Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of FTS, its licensors, or assignors ("FTS Content"), as well as Content provided by users or other third parties. Content contained in the FTS Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and FTS, its licensors, or its assignors, own and retain all rights in the FTS Content. FTS hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the FTS Content (excluding any software code) solely for your personal, non-commercial use in connection with using the FTS Services. If FTS elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by FTS, unless expressly stated otherwise. Except as provided in this Agreement or as explicitly allowed on the FTS Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the FTS Services.
Except as explicitly and expressly permitted by FTS or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the FTS Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the FTS Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the FTS Services including geo-filtering mechanisms. Except as necessary in order to make reference to FTS, its products and services in a purely descriptive capacity, you are expressly prohibited from using any FTS Content in any manner.
Restrictions on Use of FTS Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on The FTS Site(s) or on, through or in connection with the FTS Services (collectively, "User Content"). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
With respect to any video player(s) on FTS Sites or FTS Services, you are hereby granted a revocable license to embed the video player on any commercial or non-commercial website or other location except those containing content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or that encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive. FTS may revoke this license at any time upon notice, with or without cause, in its sole discretion. You must not modify, enhance, or otherwise alter in any way any portion of the Content on the video player, the video player itself or its underlying technology. This restriction includes disabling or otherwise modifying the video player in a manner that enables users to view any portion of the Content without using the video player.
You agree not to use the FTS Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising The FTS Site(s) or the FTS Services;
- Interfere with, damage, disable, disru
- Cover, remove, disable, block or obscure advertisements or other portions of the FTS Services;
- Delete or revise any information provided by or pertaining to any other user of the FTS Services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the FTS Services, or to circumvent or modify any security technology or software that is part of the FTS Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the FTS Services. If you do so, you acknowledge you will have caused substantial harm to FTS, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay FTS $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent, if consent is required;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the FTS Content; or building a business using the FTS Content) without FTS's prior written consent;
- Use the FTS Services to advertise or promote competing services;
- Use the FTS Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
FTS reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by FTS, or for any other reason, in FTS's sole discretion and without notice to you. You acknowledge FTS reserves the right to investigate and take appropriate legal action against anyone who, in FTS's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that FTS may access, preserve or disclose information you provide to the FTS Sites or the FTS Services, including User Content and your account registration information, including when FTS has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of FTS, our parents, subsidiaries or affiliates ("Company Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the FTS Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If FTS sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, FTS may transfer your information to the party or parties involved in the transaction as part of that transaction.
FTS reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and FTS assumes no responsibility for any loss of your User Content due to its being removed by FTS or for any other reason.
User Content on Message Boards and Forums
The FTS Services may offer users the ability to post messages on message boards and forums (collectively, "Forums"), which may be open to the public generally, to all members of an FTS Service, or to a select group of members of a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Company's sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
Your Proprietary Rights in and License to Your User Content
FTS does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, "Transmit") on, through or in connection with the FTS Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not include any FTS Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the FTS Services, you hereby grant to FTS and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, FTS is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including FTS Services. FTS‘s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint FTS as your agent with full authority to execute any document or take any action FTS may consider appropriate in order to confirm the rights granted by you to FTS in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the FTS Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the FTS Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the FTS Services or Third Party Services.
If you delete your User Content from The FTS Site(s), FTS's license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the FTS's back-up copies of The FTS Site(s), which are not publicly available. Furthermore, to the extent that FTS made use of your User Content before you deleted it, FTS will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from The FTS Site(s) will not result in, and FTS assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from The FTS Site(s), and (ii) termination of your account or your use of the FTS Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
FTS respects the intellectual property of others and requires that our users do the same. FTS has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of FTS Services who are repeat infringers. FTS also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe material on the FTS Services infringes your copyright.
If you believe that any material residing on or linked to from FTS Services infringes your copyright, you must send FTS' designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FTS Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. FTS' Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Fox Television Stations, Inc., Legal Department, 1999 South Bundy Drive, Los Angeles, CA 90025-5235; Facsimile: (310) 584-3355; Phone: (310) 584-2401; Attn: Copyright Agent. FTS' Copyright Agent for notification of claimed infringement can also be reached electronically at DMCA@Foxtv.com.
If you posted material to FTS Service that was removed due to notice by a copyright owner.
If you posted material to FTS Services that FTS removed due to a notice of claimed infringement from a copyright owner, FTS will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on The FTS Site(s) or by written or electronic communication to such address(es) you have provided to FTS, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FTS may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Your Exposure to Others' User Content
You understand that FTS does not control the User Content posted by users via the FTS Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. FTS assumes no responsibility or liability for this type of Content. FTS assumes no responsibility for monitoring the FTS Services for inappropriate User Content or user conduct. If at any time, FTS chooses in its sole discretion to monitor the FTS Services, FTS nonetheless assumes no responsibility for Content other than FTS Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Links and Services
You are solely responsible for your interactions with other users of The FTS Site(s) and the FTS Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the FTS Services. FTS reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
the fts services are provided "as-is" and "as available" and fts does not guarantee or promise any specific results from use of or continuous availability of the fts services. to the fullest extent permitted by applicable law, fts expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. without limiting the generality of the foregoing, fts makes no warranty that your use of the fts services will be uninterrupted, timely, secure or error-free, that defects to the fts services will be corrected, that the fts services or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the fts services or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete. under no circumstances will fts be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the fts services, problems or technical malfunction in connection with use of the fts services, attendance at a fts event, any material downloaded or otherwise obtained in connection with the fts services, any user content, any third party advertisement or third party service transmitted on, through or in connection with the fts services, or the conduct of any users of the fts services, whether online or offline. your use of user content, third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk.
you acknowledge and agree that your use of the fts services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. you assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the fts services.
Limitation on Liability
in no event will fts be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of or inability to use the fts services. in jurisdictions that do not allow for the exclusion or limitation of such damages, company's liability in such jurisdictions shall be limited to the extent permitted by law. notwithstanding anything to the contrary contained herein, fts' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to fts for the fts services during the term of your use of the fts services.
you acknowledge and agree that any damages you incur arising out of fts's acts or omissions or your use of the fts site(s) or the fts services are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or
What's new in the updated terms of service?
FTS has revised its Terms of Service. Some of the key changes to the Terms of Service are summarized below, but please take the time to read the full, updated Terms because you accept and agree to be bound by them when you visit the FTS Sites or use the FTS Services.
- Arbitration Agreement - To help streamline the resolution of disputes, the updated Terms now contain an Arbitration Agreement that specifies that both you and FTS will be obligated to arbitrate disputes that arise out of or relate to the FTS Services.
- User Content - We have provided further information concerning the use, storage, protection, removal, and ownership of User Content provided by you or others in connection with the FTS Services.
- Your Information - The updated Terms reinforce the control you have over the information you provide to FTS and updates the limited circumstances when FTS may access, preserve, or disclose such information, such as when we may be compelled to do so by a governmental or public entity.
- Contact Information - In a continued effort to provide you with communication options, we have clarified how FTS and you may contact each other in a variety of circumstances.