Oxygen's Terms and Conditions of Use
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Oxygen Media, LLC, and affiliated companies, (collectively "we," "us," or "our"), including oxygen.com, and any other site that we may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.
Restrictions on Use of Materials and Sites
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. Where Oxygen explicitly permits, you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice, nor forward retransmit or distribute any such material to any third party. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, distribute, adapt or in any way exploit the content of the Sites. You may not reverse engineer, decompile or modify, nor may derivative works be created based upon, software available through the Sites. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any content from the Sites. To seek our permission, you may write to Oxygen Media LLC, Attention: Rights and Clearances Department, 75 9th Ave., 7th Floor, New York, NY 10011. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. Further, you may not use any such automated means to manipulate the Sites or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Sites to any third party.
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Other sites may link to any of the Sites only through a plain-text link. Written permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to Oxygen Media, LLC, Attention: Rights and Clearances Department, 75 9th Ave., 7th Floor, New York, NY 10011. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
We welcome your comments about any of the Sites. However, unless a site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be enheading12Boldd to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
If you are submitting something to a Site that has set up a submissions policy, please consult that Site for its specific requirements.
A "forum" means any message board, chat room, user review forum, blogs or other interactive service appearing on any of the Sites and includes both public and private forums. You may be required to register in accordance with instructions that you will find on the Sites in order to contribute to any forum.
Email and Storage Policies
We reserve the right to establish general practices concerning use of any email services or storage we may provide, including without limitation the rights to disable or terminate a user’s account, to regulate the number of email messages you may send, to regulate the maximum size of any email message you may send and to allocate the maximum disk space that will be used on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by us.
In order to use many features of the Sites, you must register to become a member. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. You may cancel your account(s) at any time by emailing email@example.com.
Acceptable User Policy
You may not post on any forum, or send to any other forum user or our employee, any material that:
- infringes or violates any copyright, trademark, service mark, patent, trade secret, confidentiality rights or other rights of any third party;
- is abusive, hateful, inflammatory, harmful, tortuous, or racially, ethnically or otherwise objectionable;
- is obscene, vulgar or pornographic;
- you do not have a right to transmit under any law or contractual or other obligation;
- is being used to harass, stalk or otherwise threaten a person;
- is libelous, defamatory or invades any privacy or publicity rights of any third party;
- impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity;
- contains or promotes violence, drug use, illegal gambling or other criminal activity;
- contains any virus, Trojan Horse, time bomb or any other harmful or disabling software code;
- is harmful to minors; or
- contains or promotes any materials or information which may violate any law, rule, regulation, ordinance or requirement to which you or we are subject.
You may not:
- use our sites if you are under the age of 13;
- use any forum in a commercial manner;
- choose a user name with is obscene, unlawful or otherwise objectionable;
- post material that solicits funds, or that advertises or solicits goods or services;
- post or transmit material known to be false or misleading;
- post messages that contain stock touts;
- post or transmit any information, software or other material that contains a virus or other harmful component; or
- use the Sites to transmit any unsolicited messages to any recipient from whom you have not received prior demonstrable consent or in a manner that violates any law or obligation regarding the transmission of email messages.
We are not responsible for, nor do we endorse any material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted or emailed by or to users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove posted materials that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit posted materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
You acknowledge and agree that we and our partners will maintain no responsibility whatsoever for an interaction that occurs between you and any other user or member of our Sites. As between us, our partners and you, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or via a private exchange, any form of “contact information” with any user or member of our Sites.
You acknowledge and agree that we and our partners do not endorse the content of any of your email communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content in your email communications, or content in your email communications that infringes or may infringe the intellectual property or rights of another.
License to Oxygen
By posting, uploading, inputting, providing or submitting content to the Sites, you grant (or warrant that the owner of such rights has expressly granted or will grant) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right and license to use your postings and other submitted content in their original or edited form, solely for the purposes of providing the services and the features of the Sites. You also warrant that you own or otherwise control all of the rights to the content you have submitted or posted and that the posting and use of such content by us will not infringe the rights of any third party.
You acknowledge and agree that when you upload or post content to the public portions of our Sites, that content becomes public content and will be searchable by and available to anyone who visits the Sites. When you upload or post content to the public portions of the Sites, you grant us and our partners the worldwide, irrevocable, nonexclusive right and license to distribute, use, create derivative works of, publicly perform, publicly display, transfer, transmit, distribute and publish that content, either electronically or via other media, for the purposes of displaying that content on our Sites and for the purposes of other services provided by us and our partners, on all forms of media now known or hereinafter developed. You also warrant that you own or otherwise control all of the rights to the content you have submitted or posted and that the public posting, use and distribution of such content by us will not infringe the rights of any third party.
You are not enheading12Boldd to any compensation for any materials you may post on the Sites.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate all or a portion of your access to the Sites at any time with or without notice and with or without cause.
Software Installation and Removal
We may from time to time provide you with the ability to download from the Sites and install on your personal computer proprietary software. Such software may include tools, games, screen savers, chat programs and other items. We hereby grant you a non-exclusive, non-transferable, limited license to use any such software on your personal computer for your personal and non-commercial use only. You represent and warrant to us that you have the right to install such software on the computer you are using.
We may from time to time provide updates, enhancements, patches, fixes and other modifications to the software, or repair a damaged or inoperable installation of the software, either by providing you with a notice and information regarding how to download and install such modifications, or by automatically installing such modifications on your personal computer without any additional notice to you. You acknowledge and consent that we may install such modifications. If you do not want us to install such modifications, then you should remove the software from your computer.
You may remove the software at any time from your personal computer by accessing the Add/Remove Programs feature in the Control Panel of your computer and removing the software. If you have any questions or problems removing the software, you may contact us at firstname.lastname@example.org.
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. In appropriate circumstances, we will terminate the registration of any forum user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.
If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:
- 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 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;
- 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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.
All DMCA notices should be sent to our designated agent as follows:
Daniel M. Taitz, General Counsel
Oxygen Media, LLC
75 9th Ave., 7th Floor
New York, NY 10011.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH EVENT, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH EVENT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Some of the information available on the Sites concerns the topic of sex and may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of the services on the Sites currently provided for free at any time upon thirty (30) days' prior written notice to you.
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any posting you make to the Sites, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the New York Arbitration Association and will be arbitrated in New York City. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to email@example.com
(Effective Date: These Terms and Conditions of Use were modified on May 18, 2007.)