THE SPEED CHANNEL, INC.
TERMS AND CONDITIONS OF USE
OWNERSHIP
Welcome to the Speed Channel, Inc. Web site at
http://www.SpeedTV.com (“Site”) which is owned by Speed Channel, Inc. (“Speed”). This Site and associated sites are operated by Speed and materials on the Site are primarily owned by Speed. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Speed.
Speed has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and Speed. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at .
Speed reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Speed or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Speed in writing at Fox Cable Network Services, LLC Business & Legal Affairs, 10201 West Pico Boulevard, Los Angeles, California 90035, or email at .
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
BULLETIN BOARDS AND CHAT ROOMS
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). However, Speed accepts no responsibility whatsoever in connection with or arising from such Messages.
Speed does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Speed prior to posting and do not necessarily reflect the opinions or policies of Speed. Speed makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Speed reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Speed assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Speed chooses, in its sole discretion, to monitor the Forums, Speed nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Speed accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to Speed that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of Speed and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Speed sees fit.
You agree to release Speed, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
UNSOLICITED SUBMISSIONS
Speed does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Speed's policy is to simply delete any such submission without reading it or forwarding it to other Speed staff. Therefore, any similarity between an unsolicited submission and any elements in any Speed creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Speed via this Site, however, these submissions become the property of Speed and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Speed sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Speed, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
SUPPLEMENTAL TERMS & CONDITIONS - USER CONTENT
1. Application. These Supplemental Terms and Conditions are in addition to and form a part of the General Terms and Conditions applicable to all Speedtv.com (“Website”) users (collectively referred to as the “Terms” in this document). In order to submit photos, videos and other content (referred to as “Submissions”)), you must agree to these Terms by clicking “I Agree” below. If you do not agree to any of these terms and any additional terms of our publisher partners, such as Brightcove, then you will not be permitted to make Submissions. These Terms apply to all submitters and viewers of Submissions.
2. Responsibility for Content. You are solely responsible for all Submissions that you or anyone acting on your behalf or using your username and password upload, transmit or submit including but not limited to video files, graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material and Speed Channel Inc. (“Speed”), the owner of the Website disclaims all liability related to your Submission. In connection with your Submissions you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorized Speed to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the Submission in the manner contemplated by the Website and these Terms; (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the Submission to use the name and likeness of each and every such identifiable individual person to enable including and use of the Submission in the manner contemplated by the Website and these Terms. You retain all ownership rights in your Submissions, subject only to the rights conferred to Speed by these Terms. You hereby grant Speed a world-wide, royalty free, perpetual license to use, copy, reproduce, prepare derivative works of, transmit, publicly display, publicly perform, create compilations including derivative works of, index, cache, encode and transcode and distribute any Content posted by you on, to or through Speed, speedtv.com or any affiliated or successor website or service. This license applies to all forms of media and technology now known or later developed and includes the right to use the Submissions to promote the Website.
3. Prohibited Content. You may not make Submissions that contain any pornographic, infringing, hate-related, violent or illegal content, or code or technologies which interfere with or maliciously degrade the intended operation, performance or security of Speedtv.com or any other website, system or computer. Speed reserves the right, in its sole discretion to reject, refuse to post or remove any posting by you or to restrict suspend or terminate your access to all or any part of the Website at any time for any or no reason with or without prior notice and without liability. Specifically and without limiting the foregoing, you may not:
Upload, post, email or otherwise transmit or post links to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful (including that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), or racially, sexually, ethnically or otherwise objectionable, in the sole judgment of Speed.
Upload, post, email or otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email or otherwise transmit or post links to any Content that exploits the images of children under 18 years of age or that discloses personally identifying information belonging to children under 18 years of age or may harm minors in any other way.
Collect, store or solicit personally identifying information (including without limitation telephone numbers, street addresses, last names, URLs or email addresses) of or about other users.
Impersonate any person or entity, misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in any communication, including emails.
Upload, post, email, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships or upload, post, email, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributing to or inducing or facilitating such infringement, including the promotion of any such activities such as piracy or copyright/trademark infringement.
Upload, post, email or otherwise transmit or post links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Upload, post, email, otherwise transmit or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this website, or any other computer or system.
Advertise, offer for sale or sell any item.
4. On the Website, you may be exposed to user Submissions from a variety of sources and Speed is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You understand that you may be exposed to user Submissions that are inaccurate, offensive, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Speed, its employees, agents and affiliates with respect to such Submissions and agree to indemnify and hold Speed its employees, agents and affiliates harmless to the fullest extent of the law regarding all matters related to your use of the Website.
5. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SPEED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INAACURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SPEED’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR DESTRUCTIVE CODE OR PROGRAMS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMANGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED OR OTHERWISE MADE AVIALABLE VIA THE WEBSITE. SPEED DOES NOT WARRANT, ENDORSE GUARNATEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SPEED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARYTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PRUCHASE OF A PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SPEED, ITS OFFICERS, DIRECTORS, EMPOYEES OR AGENTS BE LIABLE TO YOU OR ANY PERSON OR ENTITY MAKING ANY CLAIM ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SPEED’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR DESTRUCTIVE CODE OR PROGRAMS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SPEED SERVERS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPEED SHALL NOT BE LIABLE FOR USER SUBMISSION OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGES FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELTED TO THE WEBSITED AND/OR YOUR USE THEREOF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWIE SUCH CUASE OF ACTIONIS PERMANENTLY BARRED.
8. The Website is operated, administered, controlled and offered by Speed from its United States-based headquarters and facilities. Speed makes no representations that the website is appropriate or available for use in other locations. Users accessing the Website from other jurisdictions do so at their own volition and are responsible for compliance with local and U.S. laws and hereby agree that the laws of the United States of America govern all aspects of the Users activities on the Website.
9. You represent that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. In addition you represent that you are over the age of 13 as this website is not intended for children under 13.
10. With respect to matters concerning the privacy and collection of your personally identifiable information, please refer to the Website’s Privacy Policy.
11. With respect to notifying Speed of any copyright/trademark infringement of your property under the DMCA, please refer to the procedures reflected in the General Terms and Conditions of the Website.
EMPLOYMENT OPPORTUNITIES
Speed may, from time to time, post Speed employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Speed in response to employment listings, you are authorizing Speed to utilize this information for all lawful and legitimate hiring and employment purposes. Speed also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by Speed to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that Speed will review any or all of the information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact Fox Cable Network Services, LLC Business & Legal Affairs at 10201 West Pico Boulevard., Los Angeles, California 90035 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Speed, including its respective employees, agents, directors, officers and shareholders.
If Speed has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Speed is connected with, operates or controls these web sites.
Speed is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Speed. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.
Speed takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
DISCLAIMER OF LIABILITY AND WARRANTIES
While Speed does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Speed DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that Speed, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Speed is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that Speed is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
INDEMNITY
You agree to defend, indemnify and hold harmless Speed, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
TERMINATION
Speed reserves the right to immediately terminate your use of, or access to, this Site at any time if Speed decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Speed considers to be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify Speed of your copyright infringement claim in accordance with the following procedure.
Speed will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Mr. Jon Del Barrio
Fox Broadcasting Company
Telephone: (310) 369-1000 x11340
Fax: (310) 969-0144
Email:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to for purposes other than communication about copyright claims may not be acknowledged or responded to.
OTHER
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
SWEEPSTAKES AND/OR CONTESTS
Sweepstakes, contests, games and other promotions run on Speed's web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. Speed may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by Speed to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Fox Cable Network Services, LLC Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. Speed requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.
MISCELLANEOUS
If any of these terms of use are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law.
COPYRIGHTS (C) / TRADEMARKS (tm)
(C) 2003-2005 Speed Channel, Inc. All trademarks are owned by 20th Century Fox and its related entities or are used under license. All rights reserved. All materials contained in Speed's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.
