YOU AGREE TO THESE TERMS BY ACCESSING OR USING THIS WEB SITE, REGISTERING FOR SERVICES OFFERED ON THE WEB SITE, OR BY ACCEPTING, UPLOADING, SUBMITTING OR DOWNLOADING ANY INFORMATION OR CONTENT FROM OR TO THE WEB SITE.
In some instances, both these Terms and any separate guidelines document or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version.
TABLE OF CONTENTS
- Ownership of Content/License
- Copyrights and Copyright Agent
- Changes to Site/Terms
- User Accounts
- User Forums and Your Upload Information
- Restrictions on Use
- Warranties/Disclaimers/Limitations on Liability
- No Personal Advice
- Third Parties/No Endorsement
- Linking to the Web Site
- Non-United States Residents
- Filtering/Parental Controls
- Unsolicited Submissions
- Ability To Accept Terms
- Contact Us
- Effective Date
OWNERSHIP OF CONTENT/LICENSE
This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Web Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.
Any software that we make available for download or use from the Web Sites and/or our servers (the “Software”) is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.
COPYRIGHTS AND COPYRIGHT AGENT
If you are a copyright owner or an agent thereof and believe that any Content on the Web Site infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 1. A 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 you, such as an address, telephone number, and, if available, an electronic mail;
- 5. A statement that you have 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
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:
Attn: Copyright Agent
TALK WW PRODUCTION, INC.
RADIO CITY STATION
PO BOX 2078
NEW YORK, NY 10101-2078
By email: firstname.lastname@example.org .
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company’s customer service representatives through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site. Nothing in these Terms shall be deemed to confer any third-party benefits.
Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). You may never use another’s account without permission.
Certain areas of the Web Site may ask you to create an account with third-party web sites (“Third Party Sites”) and ask you to provide information to participate in certain features or to access their site. We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly. We reserve the right to suspend, restrict, disable or terminate your accounts with Third Party Sites associated with “The Wendy Williams Show” and www.wendyshow.com if we deem your behavior inappropriate.
USER FORUMS AND YOUR UPLOAD INFORMATION
Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials to the Web Site through User Forums and links to Third Party Sites where Company maintains a related content web page(s) which may include forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas (“Third Party User Forums”) (collectively, “Your Upload Information”).
Company and Affiliates (defined below) do not endorse the content, including, without limitation, any of Your Upload Information, posted in User Forums or otherwise on the Web Site. Company reserves the right, but is not obligated, to reject, delete, move or edit Your Upload Information in whole or in part, for any reason in Company’s sole discretion Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another’s copyright or otherwise violates these Terms, any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
When you upload your Upload Information via the Web Site, you automatically and irrevocably grant to Company, its Affiliates, and partners a non-exclusive, worldwide, royalty-free license to Your Upload Information and all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree that Company, its Affiliates, and the directors, officers, employees, and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, paraphrase, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using Your Upload Information. The above licenses granted by you in Your Upload Information are perpetual and irrevocable. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company and its Affiliates are not obligated to use Your Upload Information, submitted through the Web Site or otherwise. Company has the unfettered right (but not the obligation), in its sole discretion, to modify, edit, refuse, move, remove, destroy, discard, limit or block access to Your Upload Information, for any reason, without any liability whatsoever.
Company does not endorse Your Upload Information or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Your Upload Information. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Company will remove Your Upload Information if properly notified that Your Upload Information infringes on another’s intellectual property rights. Company reserves the right to remove Your Upload Information for any reason without prior notice.
You agree that you have evaluated and hereby agree to bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. You understand that you may bear legal responsibility for others exposure to any offensive, indecent, or objectionable content in your Upload Information.
Please note that, generally, Your Upload Information will be accessible by other users of the Web Site. Please be sure that any of Your Upload Information that you post on any publicly accessible portion of the Web Site (including any online diary entry or entries that you choose to share with others, either via the Web Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.
You understand that when using the Web Site, you will be exposed to Your Upload Information from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Your Upload Information. You further understand and acknowledge that you may be exposed to Your Upload Information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your Upload Information posted by you and your use of the site.
As used in these Terms, “Affiliates” means any parent, subsidiary, affiliate, licensor, division, shareholder, director, officer, partner, agents or assign of Company, Lions Gate Entertainment Corp. and Debmar-Mercury, LLC and their respective parents, subsidiaries, affiliates, licensors, divisions, shareholders, members, directors, officers, partners, agents and assigns.
RESTRICTIONS ON USE
You represent, warrant and agree not to do any of the following while using the Web Site:
- i.Harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user;
- ii.Upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, “Transmit”) to any other user or on the Web Site any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of “The Wendy Williams Show,” its host, Company or its Affiliates); (ii) contains any negative comments that pertain to an individual’s race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates; (iv) is, vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by Company in its sole discretion);
- iii.Transmit any content, information, or software that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein or which is otherwise unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
- iv.Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
- v.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
- vi.Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes;
- vii.Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
- viii.Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges; or
- ix.Solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users.
You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
WARRANTIES/DISCLAIMERS/LIMITATIONS ON LIABILITY
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITES FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
YOU UNDERSTAND AND AGREE THAT COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW.
NEITHER COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL COMPANY AND ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE).
IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO EQUITABLE RELIEF OF ANY KIND, INCLUDING, WITHOUT LIMITATION, AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, CONTENT, SOFTWARE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, CONTENT, SOFTWARE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS WEB SITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT AND WHERE YOUR UPLOAD INFORMATION OR ANY SUBMISSIONS POSTED BY YOU CAN BE VIEWED BY OTHERS.
NO PERSONAL ADVICE
This Web Site, its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the Web Site; (2) your violation of these Terms, any Additional Terms, or any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload Information. You will cooperate as fully and reasonably as required by Company or its Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company. This defense and indemnification obligation will survive these Terms and your use of the Web Site.
THIRD PARTIES/NO ENDORSEMENT
Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third party or Third Party Sites, including, for example, www.wendystuff.com. Also, third party advertisers may offer goods, services and other materials to you on the Web Site and we may also provide hyperlinks to Third Party Sites. Your correspondence and business dealings with third parties on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party.
You should be aware that Content provided by third parties on the Web Site or on Third Party Sites might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found in the documents and policies of third parties or Third Party Sites. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Third parties and Third Party Sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third Party Sites.
Further, under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
YOU AGREE THAT COMPANY AND ITS AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or its Affiliates. Users are requested to inform Company of any errors or inappropriate material found on Third Party Sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you establish or maintain a link to this Web Site, such link must go directly to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company or its Affiliates. You may not “frame” or create a border around this Web Site or alter its intellectual property or Content in any way. You may not establish or maintain a link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company’s sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.
This Web Site may contain or offer giveaways, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the giveaways, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the Content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Web Site must be filed in the County of New York, City of New York, State of New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of New York, City of New York, State of New York for any cause of action arising under these Terms or related to the Web Site and you hereby agree to waive all objections to such venue on grounds of forum non conveniens.
NON-UNITED STATES RESIDENTS
Company makes no representation that the Web Site or any Content, Software or other materials offer through the Web Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other 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. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
Pursuant to 47 U.S.C. Section 230(d), as amended, Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.internet-filters.net/ Please note that Company does not endorse any of the products or services listed at such site.
You understand and agree that Company will determine your compliance with these Terms or any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.
The Wendy Williams Show is pleased to hear from its audience/viewers/users and welcomes your comments regarding The Wendy Williams Show and The Wendy Williams Show online services, including the Web Site. Unfortunately, however, the Company and its Affiliates do not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Wendy Williams Show, the Company and its Affiliates or their respective professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you also do not send us any original creative materials such as stories or character ideas, screenplays, show or segment ideas, or original artwork.
If, at our request, you send us (other than by posting such submissions on the User Forums) specific submissions or, despite our request that you not send us any other creative materials, you send us (other than by posting such submissions on the User Forums) creative suggestions, ideas, notes, show or segment ideas, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. Any Submissions posted on the User Forums will be treated as Your Upload Information and subject to all licenses and grants contained in these Terms.
None of the Submissions shall be subject to any obligation of confidence on the part of The Wendy Williams Show, Debmar-Mercury, LLC or Lionsgate Entertainment Corp., and The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing you agree that in no event shall The Wendy Williams Show, Debmar-Mercury, LLC or Lionsgate Entertainment Corp’s liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a network prime time story or teleplay.
ABILITY TO ACCEPT TERMS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site, the Content, the Software and Your Upload Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the Software, Your Upload Information and any Submissions and supersede any and all other prior written or oral agreements between the parties. You agree that these Terms and any Additional Terms will not be construed against Company by virtue of Company having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. No waiver of any term of this these Terms or any Additional Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms or any Additional Terms shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
The Wendy Williams Show
378 8th Ave
New York, NY 10001
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These Terms were last updated on August 6, 2010.