Rules of Conduct on the Sites.
You may not Upload or otherwise transmit Content (even if made in a joking, sarcastic or unintended manner) that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, pedophilia, hatred or physical harm of any kind against any group or individual, regardless of whether such Content is Uploaded to the Sites, or linked to or from the Sites;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy, including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number or rights of publicity);
- incorporates or uses an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, drugs, or other contraband, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission, or in the case of a minor, the minor’s legal guardian.
- tries to gain unauthorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without The Frisky ‘s prior written consent such as contest, sweepstakes, barter, betting, advertising and pyramid schemes;
- solicits or promotes gambling or engages in any gambling activity;
- contains viruses, time bombs, trojan horses, cancelbots, spiders, cookies, spyware, adware, worms or other harmful, distracting, or deleterious components or devices;
- interferes with another user’s use and enjoyment of the Sites or any other individual’s user and enjoyment of similar services; or
You may not engage in unauthorized advertising to, solicitation of, or other commercial communication directed at other members through the Sites to buy or sell any products or services without The Frisky’s written permission. Although The Frisky cannot monitor the conduct of visitors off the Sites, in order to protect our visitors from unwarranted advertising or solicitation, The Frisky reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which The Frisky deems appropriate in its sole discretion.
You may not impersonate any The Frisky’s employees or agents, customer service personnel, group leaders or administrators, any in-Site characters, or other members, and you may not intentionally hide any information when registering to become a member of the Sites.
You may not modify any part of the Sites without The Frisky’s written permission unless such modification is specifically enabled by The Frisky. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running the Sites, nor may you use any game hacking, altering, or cheating software tools. You may not use any automated scripting or “macroing” tools or software on the sites.
You must follow all instructions from authorized administrators of the Sites or monitors while on the Sites and while using official community features, forums and communication tools. In addition, you must abide by and conform to any technical requirements (and any amendments and revisions thereof) for use or operation of the Sites that The Frisky may require in its sole determination, after such requirements have been posted on the Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Frisky shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in connection with the Sites.
You understand and accept that it is possible that other registered members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. The Frisky does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that The Frisky is not responsible for the use of any personal information that you disclose on the Sites. Please carefully select the type of information that you post or display on the Site, including in the profile you create (if any).
Your display name and any associated profile pages used in connection with the Sites must not include the following items: telephone numbers, street addresses, last names, social security numbers and any photographs containing nudity or any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable material. The Frisky reserves the right to deny or revoke any display name you may have used or chosen, and any associated URL’s. In addition, you agree to comply with any additional naming requirements or policies that The Frisky may, in its sole discretion, post on the Sites.
Your Creative Submissions/Communications. The Frisky does not consider creative ideas, suggestions or pitch materials other than those The Frisky has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by The Frisky or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. By Uploading or otherwise transmitting to The Frisky any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information for the purposes of pitching The Frisky (collectively, the “Information”), you hereby grant The Frisky a perpetual, irrevocable non-exclusive license to use such Information in all media now known or hereafter devised throughout the universe, and agree that The Frisky shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Information shall be subject to any obligation of confidence on the part of The Frisky and The Frisky shall not be liable for any use or disclosure of any Information.
Copyrights and Copyright Agent. The Frisky respects the rights of all copyright holders and in this regard, The Frisky has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Frisky Copyright Agent (listed below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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; and
- 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.
For copyright inquiries under the DMCA please contact:
Attn: Kristen Hassell
Legal – Corporate Services
Turner Broadcasting System Inc.
1050 Techwood Dr.
Atlanta, GA 30318
Tel: (404) 885-0596
Fax: (404) 885-0600
Email: [email protected]
Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by The Frisky, its subsidiaries and/or affiliates of the opinions or views expressed by these linked sites and The Frisky does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the Content contained in the Sites. Furthermore, The Frisky is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither The Frisky nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall The Frisky assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, The Frisky will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
The Frisky welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by The Frisky, its affiliates, or any group or individual affiliated with The Frisky. You may not use on your site any logos, trademarks, service marks, characters, or other copyrighted materials appearing on the Sites without The Frisky’s express written consent. You may not incorporate into another website any of the Content or other materials on the Sites unless specifically enabled by The Frisky’s technology.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THE FRISKY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF THE FRISKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
U.S. Export Controls. Software from the Sites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into or to a national or resident of and Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Applicable Law; Disputes. Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by The Frisky from its offices within the State of Georgia. The Sites are intended exclusively for residents of the United States. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. The Frisky makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Other. This agreement, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contains the entire agreement between you and The Frisky regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.
THE FRISKY FIRST 100 GIVEAWAY TERMS & CONDITIONS
Open to legal residents of the United States. Offer valid to the first 100 consumers who register with www.thefrisky.com and opt-in to receive emails. Only 100 swag bags available. Only one (1) swag bag per household or email address. Employees of Time Warner, Inc. and its parents and subsidiaries are not eligible. Winners will be contacted via email. Failure to respond to email notification within 72 hours will render consumer disqulified. Approximate value $26.00 each. Offer void where prohibited.
THE FRISKY HOT TIPS SUBMISSION TERMS & CONDITIONS
The Frisky Hot Tips Promotion (the “Promotion”) is open to legal residents of the United States, 18 years of age or older who are registered users of www.thefrisky.com (“The Frisky”). Users are encouraged to sumbit tips and story ideas (“Submission(s)”) they would like to see on the site. If a Submission is accepted for use on the site, that user will receive a swag bag from The Frisky. The Promotion will run from March 13, 2008 through June 30, 2008. Limit one (1) swag bag per person and/or household, regardless of number of Submissions. Approximate value of swag bag is Twenty-six Dollars ($26.00). The Program is void where prohibited by law. The Program is subject to all applicable federal, state and local laws and regulations. The Frisky, Turner Broadcasting System, Inc. and their parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities are hereinafter referred to as the “Related Entities”.
Submissions will be evaluated and selected based upon the following criteria: originality, timeliness, relevance and creativity. The Frisky reserves the right, in its sole discretion, to select Submissions and award incentives. The decision of The Frisky shall be final and binding. Consideration of the Submission is not an admission by The Frisky of the novelty, propriety or originality of the Submission. Participants recognize that other persons including The Frisky employees may have submitted to The Frisky or to others or made public, or may hereafter originate and submit or make public, similar or identical material which The Frisky shall have the right to use. Users should understand that they will not be entitled to any compensation because of The Frisky’s use of such other similar or identical material.
The Frisky shall be entitled to all rights of exploitation in accordance with all applicable laws, in any ideas, concepts or materials that are created independently by The Frisky or that The Frisky acquires from a third party, even if similar or identical to the Submission. Participants acknowledge The Frisky may presently have under consideration, in pre-development, in development and/or in production ideas, material and/or programs that are similar or identical to the Submission and that The Frisky may receive or be pitched in the future ideas, material and/or programs that are similar or identical to the Submission. Participants hereby waive and discharge any claims against The Frisky pertaining to the Submission (including, without limitation, copyright, trademark, patent, trade name, trade secret, and claims for breach of implied contract), against the Related Entities. Users shall not be entitled to any compensation by The Frisky for The Frisky’s review or use (in any manner) of any portion of the Submission. Nothing stated in these Terms and Conditions or omitted herein should be deemed to constitute an admission of any fact or waiver of any right, remedy or defense available to The Frisky or its Related Entities, and The Frisky and its Related Entities hereby reserve such rights, remedies and defenses to their full extent at law (including without limitation the Statutes), in equity, and by agreement.
By submitting material, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, users hereby grant to The Frisky and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials and ideas submitted, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to the user or any third party.
Submissions must not contain material which is violent, pornographic or otherwise obscene, illegal or racially or otherwise morally offensive. You agree to indemnify and hold harmless Turner Broadcasting System, Inc., The Frisky, its parents, subsidiaries and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective employees, agents, representatives, officers and directors from and against any and all claims, losses, costs, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys; fees) which arise out of any breach of this agreement or any of these covenants, agreements, obligations, rights, representations or warranties set forth herein. Users waive any claim of infringement (including without limitation copyright, trademark, patent, trade name, trade secret, etc.) against Turner Broadcasting System, Inc., The Frisky, or its licensees based upon access to or use of
Participants hereby represent and warrant that:
a) Participant is the sole originator of the Submission, that the Submission is solely owned by participant and that no other person, firm or corporation has any right, title or interest therein or thereto.
b) Neither the Submission nor The Frisky’s review or use thereof shall violate any personal or property rights of any third party including, but not limited to, rights of droit moral, privacy, publicity, copyright, trademark, or other intellectual property rights, nor shall the Submission or The Frisky’s review or use thereof constitute defamation, libel or slander against any third party.
c) Participant has the full right and authorization to enter the Submission to The Frisky upon all of the terms and conditions herein stated.
d) No persons other than the participant have collaborated with participant in creating the Submission, nor do any persons have any rights in such Submission inconsistent with participant’s agreement to these Terms and Conditions.
TM & © 2009 Turner Media Ventures, Inc. A Time Warner Company. All Rights Reserved. The Frisky is part of the Turner Entertainment New Media Network.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.