Terms and Conditions
Effective as of November 4, 2010
Welcome to the web site at www.myfoxphoenix.com (the "Site"). This Site is operated by MyFoxPhoenix and materials on the Site are primarily owned or licensed by MyFox Phoenix. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other legal right. The services offered by MyFox Phoenix include the Site, MyFox Phoenix mobile services and any other features, content, or applications offered from time to time (for example, music and video embedded players) by MyFox Phoenix in connection with the Site (collectively, the "Services"). MyFoxPhoenix is based in the United States and is a part of the United States-based operations of News Corporation. The services are hosted in the United States.
MyFoxPhoenix may modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by MyFox Phoenix on the Site. Your continued use of the Services after MyFoxPhoenix posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
MyFox Phoenix reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the foregoing, MyFoxPhoenix expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Services if MyFoxPhoenix determines, in its sole discretion, that you have violated this Agreement or pose a threat to MyFoxPhoenix and/or the users of the Services.
If you become aware of misuse of this Site by any person or have any questions or comments regarding, or problems with, this Site, please contact the Site Administrator at firstname.lastname@example.org with your concerns.
MEMBERSHIP, ELIGIBILITY, AND TERM
By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyFoxPhoenix immediately at Privacy@foxtv.com if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services. You may terminate your Membership at any time, for any reason, by contacting the Site Administrator at email@example.com. MyFoxPhoenix may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect in its entirety.
This Site is a general audience web site. Children under 13 are welcome to be visitors to the Site, but cannot register to use blogs, or to provide user videos and other content.
ACCESS AND USE
Materials contained in this Site ("Site Content") are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. MyFoxPhoenix grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing the Site and using the Services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by MyFoxPhoenix. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of the Site or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MyFoxPhoenix reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of MyFoxPhoenix or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
With respect to myfoxphoenix's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video player in a manner that enables users to view the Site Content without using the myfoxphoenix's video player. Also, you may not embed myfoxphoenix's video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.
CONTENT POSTED ON THE SITE
You are welcome to post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, "blogging," or engaging in any form of communication in connection with this Site) (collectively "User Content") to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this Site (collectively "Forums"). You are solely responsible for such User Content. MyFoxPhoenix accepts no responsibility whatsoever in connection with or arising from such User Content.
MyFoxPhoenix does not endorse and has no control over User Content submitted by others to Forums. User Content submitted to Forums is not necessarily reviewed by MyFoxPhoenix prior to posting and does not necessarily reflect the opinions or policies of MyFoxPhoenix. MyFoxPhoenix makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, MyFoxPhoenix reserves the right to prevent you from submitting User Content to Forums and to edit, restrict, delete or remove such User Content for any reason at any time.
MyFoxPhoenix assumes no responsibility for actively monitoring Forums for inappropriate User Content. If, at any time MyFoxPhoenix chooses, in its sole discretion, to monitor the Forums, MyFoxPhoenix nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. You agree that MyFoxPhoenix accepts no liability whatsoever if it decides to prevent your content from being submitted or if it edits, restricts or removes your content.
You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree to release MyFoxPhoenix, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
MyFoxPhoenix does not claim any ownership rights in the User Content that you post to the Services. By displaying or publishing ("posting") any content on or through the Services, you hereby grant to MyFoxPhoenix a non-exclusive, perpetual, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute modify, and translate such content, including without limitation distributing part or all of the Site in any media formats and through any media channels.
You represent and warrant that: (i) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your content does not defame any person or entity or violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, and (iii) the posting of your content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any content you post on the Site.
PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of content that is illegal or prohibited on the Services. MyFoxPhoenix reserves the right to investigate and take appropriate legal action in against anyone who, in MyFoxPhoenix's sole discretion, violates this provision, including without limitation, removing the offending content from the Site and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of MyFoxPhoenix:
1. is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in sexual or violent manner;
4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult web site;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. involves commercial activities and/or sales without our prior written consent from MyFoxPhoenix such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or
13. defames the rights of any person or entity or violates the privacy rights, publicity rights, copyrights, trademark rights or any other rights of any person.
The following are examples of the kind of activity and communication that are illegal or prohibited on the Site and through the use of the Services. MyFoxPhoenix reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. advertising to, or solicitation of, any user to buy or sell any products or services through the Services;
16. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
17. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
18. covering or obscuring the banner advertisements on Forums, or any MyFoxPhoenix page via HTML/CSS or any other means;
19. any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
21. impersonating or attempting to impersonate another user, person, or entity;
22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
23. using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or
24. using the Services in a manner inconsistent with any and all applicable laws and regulations.
All MyFoxPhoenix fantasy games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering.
MyFoxPhoenix and any third parties used to provide the fantasy games will use reasonable efforts to include accurate and up-to-date information, such as statistics, rankings, etc., however, neither warrant or make any representations of any kind with respect to the information provided to you. Neither MyFoxPhoenix nor any of its providers shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions in that information.
All fantasy games and any related benefits are offered at the discretion of MyFoxPhoenix, and MyFoxPhoenix has the right to modify or discontinue, temporarily or permanently, any fantasy game, whether in whole or in part for any reason, with or without notice to you. You agree that MyFoxPhoenix will not be liable to you or to any third party for any modifications or discontinuance.
If you witness any user activity in any MyFoxPhoenix fantasy game that violates this Agreement or the specific game rules then in effect, please notify us of such activity. MyFoxPhoenix does not guarantee that any action will be taken as a result of your notification, but it appreciates your assistance.
MyFoxPhoenix does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. MyFoxPhoenix's policy is to simply delete any such submission without reading it or forwarding it to other MyFoxPhoenix staff. Therefore, any similarity between an unsolicited submission and any elements in any MyFoxPhoenix creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
Notwithstanding the forgoing, if unsolicited submissions are sent to MyFoxPhoenix via this Site or through the Services, these submissions become the property of MyFoxPhoenix and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MyFoxPhoenix sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against MyFoxPhoenix, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
MyFoxPhoenix may, from time to time, post MyFoxPhoenix employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to MyFoxPhoenix in response to employment listings, you are authorizing MyFoxPhoenix to utilize this information for all lawful and legitimate hiring and employment purposes. MyFoxPhoenix also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by MyFoxPhoenix to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that MyFoxPhoenix will review any or all of the information submitted to it by users.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or MyFoxPhoenix, including its respective employees, agents, directors, officers and shareholders.
You are solely responsible for your interactions with other Site Members. MyFoxPhoenix reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
MyFoxPhoenix is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of MyFoxPhoenix. User Content on the Site may contain links to other web sites. MyFoxPhoenix is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by MyFoxPhoenix. Inclusion of any linked web site on the Services does not imply approval or endorsement of the linked web site by MyFoxPhoenix. When you access these third-party sites, you do so at your own risk. MyFoxPhoenix takes no responsibility for third-party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyFoxPhoenix is not responsible for the conduct, whether online or offline, of any user of the Services. MyFoxPhoenix assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. MyFoxPhoenix is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall MyFoxPhoenix be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and MyFoxPhoenix expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyFoxPhoenix cannot guarantee and does not promise any specific results from use of the Services.
LIMITATION ON LIABILITY. IN NO EVENT SHALL MYFOXPHOENIX 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 SERVICES, EVEN IF MYFOXPHOENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYFOXPHOENIX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYFOXPHOENIX FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. EXPORT CONTROLS
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of Phoenix, Arizona, without regard to its conflict of law provisions. You and MyFoxPhoenix agree to submit to the exclusive jurisdiction of the courts located within Phoenix, Arizona to resolve any dispute arising out of the Agreement or the Services.
You agree to defend, indemnify and hold MyFoxPhoenix, its parents, subsidiaries, and affiliates and their respective employees, agents, partners, directors, officers and shareholders, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the 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 content that you post on the Site or through the Services causes MyFoxPhoenix to be liable to another.
MyFoxPhoenix reserves the right to immediately terminate your use of, or access to, this Site or the Services at any time if MyFoxPhoenix decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that MyFoxPhoenix considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site or the Services infringes your copyright, you should notify MyFoxPhoenix of your copyright infringement claim in accordance with the following procedure.
MyFoxPhoenix will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Fox Television Stations, Inc.
1999 South Bundy Drive
Los Angeles, CA 90025-5235
Telephone: (310) 584-2401
Fax: (310) 584-3355
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider 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;
• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to DMCA@foxtv.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement as modified from time to time and any addendum to this Agreement such as contest rules constitute the entire agreement between you and MyFoxPhoenix regarding the use of the Services. The failure of MyFoxPhoenix to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS © / TRADEMARKS TM
© 2006-2010 Trademark and Copyright Notice: TM and © Fox Television Stations, Inc., and its related entities or used under license. All rights reserved. All materials contained in Fox Television Stations, Inc.'s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in Fox Television Stations, Inc.'s web sites are expressly prohibited. If you have any questions please send an e-mail to firstname.lastname@example.org.