Last revised on: August 2, 2016
Thank you for visiting us! We’re thrilled you’ve decided to check out some of our amazing content, but we also want to make you are aware that there are terms and conditions that govern your interaction with our sites (whether you choose to visit us via our websites or our apps).
Please read the Terms of Service carefully before using the Covered Sites as they set forth the legally binding terms for your use of the Covered Sites and disputes arising out of your use of the Covered Sites. We may change the Terms of Service or modify the Covered Sites at any time. The most current version of the Terms of Service can be viewed by clicking on the links posted throughout the Covered Sites. You accept the Terms of Service by using the Covered Sites, and you accept any changes to the Terms of Service by continuing to use the Covered Sites after we post the changes. If you do not agree to all of the Terms of Service, do not use the Covered Sites.
You must be at least 13 years old to use the Covered Sites. If you are between the ages of 13 and 18, you may use the Covered Sites only if your parent or legal guardian has reviewed the Terms of Service and consents to your use of the Covered Sites.
PLEASE NOTE THAT SECTION 6.2 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US.
1. General Terms
1.1 Our Sites. Rated Red and Seriously.TV allow you to watch various types of videos and live events. You can access Rated Red and Seriously.TV through their websites or their branded software applications, and both are considered “Covered Sites” for purposes of the Terms of Service. You are also allowed to post comments on the Covered Sites as well as post links to the Covered Sites on social networking sites. The Terms of Service cover all of these activities. However, content from the Covered Sites may also be viewable on other platforms and services (for example, go90), and if you are viewing our content somewhere else you will be subject to that site’s terms and conditions (including its privacy policies), not ours.
1.2 Licenses. The content of the Covered Sites is protected by copyright, trademark and other intellectual property laws. All copyrights, trademarks and other intellectual property rights in the Covered Sites are owned by us, our affiliates or our third party licensors to the full extent permitted under the United States Copyright Act and all other state, federal, or international copyright laws. Subject to your compliance with the Terms of Service, VHMP grants you a limited, non-transferable, non-exclusive, revocable license to (a) use the Covered Sites for your personal, noncommercial use and (b) install and use the branded software applications, in executable object code format only (“Apps”), solely on your own device and for your personal, noncommercial use. Our Apps are licensed to you, not sold. While your use of our Apps is governed by the Terms of Service, your downloading, installation and use of an App may also be subject to the end user policies and terms that you agree to when you access an app store to download the App. Additional terms and conditions applicable to iOS versions of our Apps can be found in Section 9 below. All rights not expressly granted to you in the Terms of Service are reserved by us, our affiliates or our suppliers.
1.3 Restrictions on your use of the Covered Sites. Your use of the Covered Sites is subject to certain restrictions. Namely, you may not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites or any content found on the Covered Sites; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites or any content found on the Covered Sites; (c) access the Covered Sites in order to build a similar or competitive service; (d) violate the Covered Sites’ or any third party’s copyright, trademark or other intellectual property rights; (e) remove any copyright, trademark or other proprietary notices from the Covered Sites or content found on the Covered Sites; and (f) except as expressly stated otherwise by us (either in the Terms of Service or on the Covered Sites), perform, copy, reproduce, distribute, republish, download, display, broadcast, post or transmit any part of the Covered Sites or any content found on the Covered Sites in any form or by any means.
1.4 Changes to the Covered Sites and your Access to Them. We may add, modify, shut down or remove any content or features found on, or modify, suspend or terminate your access to, the Covered Sites, at any time without notice, and we will have no liability to you for doing so.
1.5 Third Party Content. The Covered Sites contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Content”). Third Party Content is not under our control and we are not responsible for it. We provide Third Party Content only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to it. You use all Third Party Content at your own risk. When you link to Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with Third Party Content.
1.6 We do not control the Internet or Third Party Networks. We use the Internet and third party networks to transmit content and otherwise provide you access to the Covered Sites. The Internet and other networks may or may not be reliable, private or secure. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Covered Sites. Access to the Covered Sites or the transmission of content may be interrupted or limited by us at our discretion or may otherwise not display properly due to variables beyond our control including the speed and availability of your wireless or broadband network connection. We hope you do not experience delays or technical difficulties but you could because of those variables and technical limitations of the electronic devices on which you access the Covered Sites.
1.7 Open Source Software. Portions of the Covered Sites contain open source software; for more information, please visit http://www.ratedred.com/pages/third-party-licenses.
2. Information we collect and you submit
2.2 Comments You Post. You can post comments on our site. Any and all information and content that you or other viewers post on the Covered Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us) is considered “User Content”. You hereby grant, and you represent and warrant that you have the right to grant, us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 We are not Responsible for User Content. You are solely responsible for your User Content, including ensuring that it does not violate the Acceptable Use Policy (see Section 2.4 immediately below). We may, but are not required to, pre-screen, modify and remove User Content from the Covered Sites, and we may do so without notice, in our sole discretion and for any reason. You understand that visiting areas of the Covered Sites where User Content is displayed may expose you to content you find offensive, objectionable, harmful, inaccurate or deceptive, and you understand and agree that we are not responsible for your or other users’ User Content.
2.4 Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
(a) You agree not to post, email, or otherwise make available User Content that:
· is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, invasive of another’s privacy, or harmful to minors in any way;
· harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
· includes personal or identifying information about another person without that person’s explicit consent;
· is false, deceptive, misleading, deceitful, misinformative, constitutes “bait and switch” or impersonation of any person or entity;
· is unsolicited or unauthorized advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
· violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
· restricts or inhibits any other user from using and enjoying the Covered Sites or the services featured on them;
· includes your personal information, such as telephone number, street address, last name, URL or email address;
· is a “cut and paste” of private messages from other users;
· re-broadcasts any User Content that violates these terms; or
· is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Covered Sites to:
· upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
· harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
· interfere with, disrupt, or create an undue burden on servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of such networks;
· attempt to gain unauthorized access to the Covered Sites, other computer systems or networks connected to or used together with the Covered Sites, through password mining or other means;
· tamper with any copyright protection mechanisms applicable to content on any Covered Sites; or
· introduce software or automated agents or scripts to the Covered Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Covered Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
2.5 Feedback You Provide on the Covered Sites. If you provide us with any feedback or suggestions regarding the Covered Sites (“Feedback”), you hereby assign to VHMP all rights in your Feedback and agree that we shall have the right to use your Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary, so do not submit any information or ideas that you consider to be confidential or proprietary.
3. Indemnity. You agree to indemnify and hold VHMP (and its officers, employees, contractors, and agents), our affiliates and our third party suppliers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Covered Sites, (b) your User Content, (c) your violation of the Terms of Service, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOUR USE OF THE COVERED SITES IS AT YOUR OWN RISK. THE COVERED SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE, OUR AFFILIATES AND OUR THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE, OUR AFFILIATES AND OUR THIRD PARTY SUPPLIERS MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED ON THE COVERED SITES OR ANY THIRD PARTY CONTENT LINKED TO OR FROM THE COVERED SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SOME AREAS OF OUR COVERED SITES OFFER ADVICE, OPINIONS AND OTHER INFORMATION FROM A VARIETY OF PROVIDERS WHO MAY BE AFFILIATED WITH VHMP OR OTHER USERS; THESE ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
5. Limitation of Liability.
IN NO EVENT WILL VHMP, OUR AFFILIATES OR OUR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID VHMP IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE COVERED SITES.
6.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and us (and in this case, “us” includes any of our affiliates that may be named in any dispute) arising under or related in any way to the Terms of Service must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.
6.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND VHMP ARE EACH WAIVING THE RIGHT TO LITIGATE DISPUTES THROUGH A COURT OR TO PARTICIPATE IN A CLASS ACTION. YOU AND VHMP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
6.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and VHMP must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
6.4 The Terms of Service is governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction. Notwithstanding the preceding sentence, the Federal Arbitration Act will govern any arbitration pursuant to this section.
7. Termination. In the event we shut down one or more of the Covered Sites, or terminate your ability to access them, the most recent Terms of Service you accepted will remain applicable to any interactions you have with us and any questions, concerns, disputes or other disagreements you have with us regarding your prior use of the applicable Covered Site(s). We may terminate the Terms of Service at any time for any reason at our sole discretion, and if we do all of our and your obligations which, by their nature, would continue beyond the termination including, without limitation, those relating to limitation of liability and indemnification, will survive the termination.
8. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an iOS App downloaded from the Apple App Store.
8.1 Acknowledgement. The Terms of Service are between us and you only, and not with Apple, and we, not Apple, are solely responsible for our iOS Apps and the content thereof. To the extent the Terms of Service provide for usage rules for our iOS Apps that are less restrictive than, or otherwise is in conflict with, the Usage Rules set forth for App in the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
8.2 Scope of License. The license granted to you for an iOS App in Section 1.2 above is further limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
8.3 Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS Apps.
8.4 Warranty. We do not provide any express warranties covering the Covered Sites, and we expressly disclaim all implied warranties in Section 4. To the extent the disclaimers contained in Section 4 are not effective, we are solely responsible for any product warranties. In the event of any failure of one of our iOS Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the iOS App to you (if any); and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
8.5 Product Claims. We, not Apple, are responsible for addressing any claims of you or any third party relating to our iOS Apps or your possession and/or use of our iOS Apps, including: (i) product liability claims; (ii) any claim that one of our iOS Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This section does not limit our liability to you beyond what is permitted by applicable law.
8.6 Intellectual Property Rights. Apple bears no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim that one or more of our iOS Apps infringes that third party’s intellectual property rights.
8.7 Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service and Apple has the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
9.1 The Terms of Service constitute the entire agreement between you and us regarding the use of the Covered Sites, superseding any and all previous agreements between you and VHMP regarding your use of the Covered Sites.
9.2 Our failure to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision.
9.3 The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
9.4 The word including means including without limitation.
9.5 If any provision of the Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified consistent with its original intent so that it is valid and enforceable to the maximum extent permitted by law.
9.6 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service or your use of the Covered Sites.
9.7 You may not assign the Terms of Service without our prior consent, but we may freely assign the Terms of Service.
9.8 Because of the global nature of the Internet, you agree to comply with all local rules with respect to your use of the Covered Sites, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you use the Covered Sites, including all applicable laws, rules, codes, and regulations regarding the transmission of exported technical or personal data. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9.9 Our contact information for any end-user questions, complaints or claims with respect to the Covered Sites is:
Verizon Hearst Media Partners, LLC
Attn: Office of the General Counsel
300 W. 57th Street
NY, NY 10019
or email: firstname.lastname@example.org
Copyright © 2016, Verizon Hearst Media Partners. All rights reserved.