First
cast entertainment TERMS OF USE AGREEMENT
This First Cast
Entertainment, LLC Terms of Use Agreement ("Agreement")
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity ("you") and First Cast Entertainment, LLC ("FirstCast"),
concerning your access to and use of the FirstCast website located at: http://www.supportamericaunited.com (the
"Website"), and the FirstCast Services (as defined below). You may use
the Website in two ways: (a) you can simply view the Website and not
participate in any interactive programs; or (b) you may become a registered
user and participate in all of the interactive features relating to the
television special "America United: In Support of Our Troops" offered by
FirstCast from time to time in connection with the Website (such as posting,
searching for and reviewing certain messages of hope and keywords, posting
photos and personalized messages in the military hall of fame, making donations
to charities, emailing various postings, messages of hope and military hall of
fame messages to friends, participating in a sweepstakes and downloading PDFs and
banners) (collectively, the "FirstCast Services").
This Agreement together
with the First Cast Entertainment, LLC Privacy Policy ("Privacy Policy")
located at http://supportamericaunited.com/privacy_policy.php
and the First Cast Entertainment, LLC DMCA Notice ("DMCA Notice")
located at http://www.supportamericaunited.com/dcma.php,which are incorporated by reference herein,
constitute the entire Agreement between you and FirstCast regarding your use of
the Website.
In order to become a
registered user you must first register with FirstCast through FirstCast's
online registration process at http://www.supportamericaunited.com/register.php.Regardless of how you decide to use the Website and
the FirstCast Services, your conduct on the Website is governed by this
Agreement and FirstCast's Privacy Policy located at http://supportamericaunited.com/privacy_policy.php.
The FirstCast Services are hosted in the United States.
1.
Eligibility.
FirstCast will only knowingly provide FirstCast
Services to parties who are 13 years of age or older. The FirstCast
Services are not intended for parties who are under the age of 13. By using
the FirstCast Services, you represent and warrant that: (a) all
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 13 years of age or older;
and (d) your use of the FirstCast Services does not violate any applicable
law or regulation. FirstCast may terminate this Agreement and your use of the
Website without warning if FirstCast, in its sole discretion, believes that you
are under 13 years of age. You further represent and warrant that you
will comply with all local rules regarding online conduct and acceptable
Contributions (as defined below in Section 2). Only United States residents
may become registered users of the Website.
2.
User Representations and
Warranties.
You are entirely
responsible for the content of, and any harm resulting from, your postings to
forums, chatrooms and blogs and all other submissions to the Website including
without limitation any emails, photos, surveys or feedback (collectively, "Contribution").
When you create or make available a Contribution, you thereby represent and
warrant that:
(a) the
creation, distribution, transmission, public display and performance,
accessing, downloading and copying of your Contribution does not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights of any third party;
(b) you
have fully complied with any third-party licenses relating to your
Contribution, and have done all things necessary to successfully pass through
to viewers any required terms;
(c) your
Contribution does not contain any viruses, worms, Trojan horses, malicious code
or other harmful or destructive content;
(d) your
Contribution is not obscene, lewd, lascivious, filthy, excessively violent,
harassing or otherwise objectionable, libelous or slanderous, does not advocate
the violent overthrow of the government of the United States, does not incite,
encourage or threaten immediate physical harm against another, does not violate
any applicable law, regulation, or rule, and does not violate the privacy or
publicity rights of any third party;
(e) your
Contribution does not contain material that solicits personal information from
anyone under 18 or exploit people under the age of 18 in a sexual or violent
manner, and does not violate any federal or state law concerning child
pornography or otherwise intended to protect the health or wellbeing of minors;
(f) if
your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to make available the Contribution,
or (ii) secured from your employer a waiver as to all rights in or to your
Contribution;
(g) your
Contribution does not violate any state or federal law designed to regulate
electronic advertising;
(h) your
Contribution does not amount to trolling, or the making of controversial
statements for the sole purpose of generating responses by others;
(i) your
Contribution does not constitute, contain, install or attempt to install or
promote spyware, malware or other computer code, whether on FirstCast's or
others computers or equipment, designed to enable you or others to gather
information about or monitor the online or other activities of another party;
(j) your
Contribution does not inundate the Website with communications or other traffic
suggesting no serious intent to use the Website for its stated purpose;
(k) your
Contribution does not otherwise violate, or link to material that violates, any
provision of this Agreement or any applicable law or regulation;
(l) your
Contribution does not contain pictures, data, audio or visual files, or any
other content that is excessive in size, as determined by FirstCast in its sole
discretion; and
(m) you
have all rights required to modify or crop any photos that you post to the
Website.
3.
Prohibited Activities.
You may not access or use the Website for any
purpose other than that for which FirstCast makes it available. Certain
activities, even if legal, may violate the common rules of etiquette governing
Contributions, as determined by FirstCast in FirstCast's sole discretion.
FirstCast reserves the right, in its sole discretion, to investigate and take
appropriate legal action against anyone who, in FirstCast's sole discretion,
violates this provision. Prohibited activity includes, but is not limited to:
(a)
criminal or tortuous activity, including
without limitation child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, copyright infringement,
patent infringement, or theft of trade secrets;
(b)
advertising to, or solicitation of, any
user to buy or sell any products or services;
(c)
transmitting chain letters or junk email
to other users;
(d)
using any information obtained from the
Website in order to contact, advertise to, solicit, or sell to any user without
their prior explicit consent;
(e)
engaging in any automated use of the
system, such as using scripts to send comments or messages;
(f)
interfering with, disrupting, or creating
an undue burden on the Website or the networks or services connected to the
Website;
(g)
attempting to impersonate another user or
person or entity;
(h)
using the username of another user;
(i)
using a false email address;
(j)
selling or otherwise transferring your
profile;
(k)
using any information obtained from the
Website in order to harass, abuse, or harm another person;
(l)
displaying an advertisement, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through the Website on behalf of that
person, such as posting blogs or bulletins with a commercial purpose;
(m)
using the Website in a manner
inconsistent with any and all applicable laws and regulations;
(n)
providing material support, information
or resources (or concealing or disguising the nature, location, source, or
ownership of material support, information or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act; and
(o)
using the system to send unsolicited or
commercial emails, bulletins, comments or other communications. As a
reasonable estimation of such harm, you agree to pay FirstCast $50 for each
such unsolicited email or other unsolicited communication you send through the
FirstCast Services.
4.
Grant of License to
FirstCast.
FirstCast does not claim
any ownership rights in the Contributions that you post on or through the
FirstCast Services. After making a Contribution to the FirstCast Services, you
continue to retain any ownership rights that you may have in your
Contributions, subject to the limited license described in this paragraph. By
making a Contribution to the Website, you hereby grant to FirstCast a perpetual,
non-exclusive, fully-paid, royalty-free, sublicensable worldwide license to
use, modify, create derivative works of, publicly perform, publicly display,
reproduce, rent, resell and distribute such Contribution in all media now known
or hereafter created and in any other manner in FirstCast's sole discretion.
The
license you grant to FirstCast is non-exclusive (meaning you are free to
license your Contribution to anyone else in addition to FirstCast), fully-paid
and royalty-free (meaning that FirstCast is not required to pay you for the use
on the FirstCast Services of the Contribution that you submit to the Website),
sublicensable (so that FirstCast is able to use its affiliates, subcontractors
and other partners such as Internet content delivery networks and wireless
carriers to provide the FirstCast Services), and worldwide (because the
Internet and the FirstCast Services are global in reach).
5.
Passwords.
When you create an account with the Website, you
will be asked to supply a password. You must keep your password confidential,
and are responsible for all use of your password and account.
6.
Intellectual Property
Rights.
The content on the Website,
except for Contributions including without limitation, the text, software,
scripts, graphics, photos, sounds, photos, sayings, interactive features and
the like ("Materials") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to FirstCast,
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. Materials on the Website are
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. FirstCast reserves all rights
not expressly granted in and to the Website and the Materials. You agree to
not engage in the use, copying, or distribution of any of the Materials other
than expressly permitted by FirstCast, including any use, copying, or
distribution of third parties' materials obtained through the Website for any
commercial purposes. If you download or print a copy of the Materials for
personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise interfere
with security related features of the Website or features that prevent or
restrict use or copying of any Materials or enforce limitations on use of the
Website or the Materials therein.
7.
FirstCast's Right to Manage
the Website and Terminate Users.
7.1
FirstCast Website
Management.
FirstCast reserves the
right, but does not have the obligation, to: (a) monitor the Website for
violations of this Agreement; (b) take appropriate legal action against
anyone who, in FirstCast's sole discretion, violates this Agreement, including
without limitation, reporting you to law enforcement authorities; (c) refuse,
restrict access to or the availability of, or disable access to (to the extent
technologically feasible) or remove any user's Contribution or any portion
thereof that may violate this Agreement or any FirstCast policy, in FirstCast's
sole discretion; (d) in FirstCast's sole discretion and without limitation,
notice or liability to remove from the Website or otherwise disable all files
and content that are excessive in size or are in any way burdensome to
FirstCast's systems; (e) terminate the accounts of repeat infringers; and (f)
to otherwise manage the Website in a manner designed to protect the rights and
property of FirstCast and others and to facilitate the proper functioning of
the Website..
7.2
FirstCast's Right to
Terminate Users.
WITHOUT LIMITING
ANY OTHER PROVISION OF THIS AGREEMENT, FIRSTCAST RESERVES THE RIGHT TO, IN
FIRSTCAST'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
7.3
Risk of Harm.
Please note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, including persons who may be acting under false pretenses. Please
choose carefully the information you post on the Website and that you give to
other Website users. You are discouraged from posting the following
information on the Website: telephone numbers, street addresses, last names
and any photographs containing nudity or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable matter. Despite this
prohibition, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. You
assume all risks associated with dealing with other users with whom you come in
contact through the Website. We expect that you will use caution and common
sense when using the Website.
7.4
Website
Errors.
The Website may
contain inaccuracies or typographical errors. FirstCast makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Website or any content thereon. The use of the Website is at your own
risk. Changes are periodically made to the Website and may be made at any
time.
7.5
No Guarantee. FirstCast cannot guarantee and does not promise any
specific results from use of the Website. No advice or information, whether
oral or written, obtained by you from FirstCast or the Website shall create any
warranty not expressly stated herein.
8.
Third Party Websites
. The Website may contain links to third party
websites ("Third Party Website"). FirstCast does not own or operate the
Third Party Websites, and FirstCast has not reviewed, and cannot review, all of
the material, including goods or services, made available through Third-Party
Websites. The availability of these links on the Website does not represent,
warrant or imply that FirstCast endorses any Third Party Websites or any
materials, opinions, goods or services available thereby. Third-Party
materials accessed through or used by means of the Third Party Websites may
also be protected by copyright and other intellectual property laws.
THIS AGREEMENT DOES
NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY
MEANS OF THE WEBSITE OR A LINK LOCATED ON THE WEBSITE, USERS SHOULD REVIEW THE
THIRD PARTY WEBSITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE
DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF
SUCH THIRD PARTY WEBSITES.
9.
Term.
This
Agreement shall remain in full force and effect while you use the FirstCast
Services or are a user. You may terminate your use or participation at any
time, for any reason, by ceasing to use the FirstCast Services. FirstCast may
terminate your use or participation at any time, without warning. Even after
your use and participation are terminated, this Agreement will remain in effect,
including: Section 1 ("Eligibility"), Section 2 ("User
Representations and Warranties"); Section 3 ("Prohibited Activities");
Section 4 ("Grant of License to FirstCast"); Section 5 ("Passwords");
Section 6 ("Intellectual Property Rights"); Section 7 ("FirstCast's
Right to Manage the Website and Terminate Users"); Section 8 ("Third
Party Websites"); Section 9 ("Term"); Section 10 ("Non-commercial
Use by Users"); Section 11 ("Copyright Policy"); Section 12 ("Modifications");
Section 13 ("Disputes Between Users"); Section 14 ("Disputes
with FirstCast"); Section 15 ("Disclaimers"); Section 16 ("Limitation
on Liability"); Section 17 ("Indemnity") and Section 18 ("Miscellaneous").
10.
Non-commercial
Use by Users.
The FirstCast Services are for the personal use of users
only and may not be used in connection with any commercial endeavors, except
those that are specifically endorsed or approved by FirstCast. You shall not
do the following without the express written consent of FirstCast:
(a) make any unauthorized use of the FirstCast Services, including
collecting usernames and/or email address of users by electronic or other means
for the purpose of sending unsolicited email; and (b) engage in
unauthorized framing of or linking to the Website.
11.
Copyright
Policy.
FirstCast will terminate the account and access
rights of repeat infringers. If you are a copyright
owner or the legal agent of a copyright owner and you believe that a user
submission or any content on the Website infringes upon your copyrights, you
may submit a notification pursuant to the FirstCast Digital Millennium
Copyright Act ("DMCA") Notice located at http://www.supportamericaunited.com/dcma.php.
12.
Modifications
. FirstCast
may modify this Agreement from time to time. FirstCast will alert all users
with whom it maintains email information of such modifications by means of an
email to their most recently provided email address. Any and all changes to
this Agreement will also be reflected on the Website. You agree to be bound to
any changes to this Agreement when you use the FirstCast Services after any
such modification is posted. It is therefore important that you regularly
review this Agreement and keep your contact information current to ensure you
are informed of any changes.
13.
Disputes
Between Users.
You
are solely responsible for your conduct. FirstCast reserves the right, but has
no obligation, to monitor disputes between you and other users.
14.
Disputes with FirstCast.
14.1 FirstCast's Right to Injunctive Relief. Notwithstanding the parties' agreement to arbitration,
you and FirstCast agree that FirstCast shall have the right to obtain
injunctive relief in a court of law to stop or prevent any violation of its
intellectual property rights or to protect the Website or FirstCast Services or
users of the site or services.
14.2 Choice of Law and Forum. You and FirstCast agree to submit to the exclusive
jurisdiction of the state or federal courts located in Los Angeles, California. You and FirstCast agree that any disputes shall be resolved under the
substantive law of the state of California (exclusive of its choice of law
provisions).
15.
Disclaimers.
FirstCast cannot control the nature of the
content available on the Website. By operating the Website, FirstCast does not
represent or imply that FirstCast endorses any FORUMS, BLOGS, CONTRIBUTIONS or
OTHER content available on or linked to by the Website, INCLUDING WITHOUT
LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT FIRSTCAST BELIEVES
CONTRIBUTIONS, BLOGS OR OTHER content ON THE WEBSITE OR ON ANY THIRD PARTY
SITES to be accurate, useful or non-harmful.
YOU AGREE THAT YOUR
USE OF THE WEBSITE AND FIRSTCAST SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, FIRSTCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES,
LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE FIRSTCAST SERVICES, THE WEBSITE AND YOUR USE THEREOF. FIRSTCAST MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE'S CONTENT, THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR THE
FIRSTCAST SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FIRSTCAST SERVICES,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
FIRSTCAST DOES NOT
WARRANT, ENDORSE, GUARANTEE, 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
FIRSTCAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16.
Limitation on
Liability.
IN NO EVENT SHALL FIRSTCAST BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
WEBSITE OR THE FIRSTCAST SERVICES, EVEN IF FIRSTCAST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, FIRSTCAST'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.
17.
Indemnity.
You
agree to defend, indemnify and hold FirstCast, its subsidiaries, affiliates and
licensors and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim or demand, including reasonable
attorneys' fees made by any third party due to or arising out of your
Contributions, use of the FirstCast Services in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Contribution that you post on the
Website or through the FirstCast Services causes FirstCast to be liable to
another.
18.
Miscellaneous
18.1
Entire Agreement.
This Agreement constitutes the entire agreement
between you and FirstCast regarding the use of the FirstCast Services and
Website.
18.2
Waiver.
The failure of FirstCast to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such
right or provision.
18.3
Section Titles.
The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
18.4
Assignment.
You may not assign your rights under this Agreement to
any third party; FirstCast may assign its rights under this Agreement without
condition.
18.5
Severability.
This Agreement operates to the fullest extent
permissible by law. If any provision or part of a provision of this Agreement
is unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
18.6
Third Party Beneficiaries. This Agreement will be binding upon and will inure
to the benefit of the parties' permitted successors and/or assignees.
This policy is effective as
of and was last updated on September 5, 2008.