The sites of AmericasFavorite.TV are fully controlled and operated by
AmericasFavorite.TV, a business unit of CastingUSA.com LLC. By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of
AmericasFavorite.TV. If you do not agree with all of the following terms and conditions, please do not use this site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on
Jan. 14, 2000.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of
AmericasFavorite.TV and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
AmericasFavorite.TV hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of
AmericasFavorite.TV. Use of AmericasFavorite.TV and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
To the extent that portions of this Site provide users an opportunity to submit information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of
AmericasFavorite.TV. In no event shall AmericasFavorite.TV assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
You hereby authorize AmericasFavorite.TV to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing,
AmericasFavorite.TV will have the right to use and change the Postings in any manner that
AmericasFavorite.TV may determine.
Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although
AmericasFavorite.TV periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless,
AmericasFavorite.TV will make every effort to ensure that the Postings best serve the interests of all users and, therefore,
AmericasFavorite.TV reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES
AmericasFavorite.TV provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic
media by AmericasFavorite.TV and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AmericasFavorite.TV is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
AmericasFavorite.TV, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY
AmericasFavorite.TV OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall
AmericasFavorite.TV's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by
AmericasFavorite.TV, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and
AmericasFavorite.TV does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore,
AmericasFavorite.TV is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither
AmericasFavorite.TV nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally,
AmericasFavorite.TV will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend, and hold harmless, AmericasFavorite.TV, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you.
AmericasFavorite.TV reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with
AmericasFavorite.TV in asserting any available defenses.
AmericasFavorite.TV operates and controls this Site from its offices at 1515 Broadway, New York, New York 10036, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of
Arizona applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of
AmericasFavorite.TV is a member of the Viacom family of companies.
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AmericasFavorite.TV is committed to providing quality online activities and information to fans of our TV Network, its programming, and classic TV in general. While we encourage the interactive nature of online media, we strive to ensure the online safety and privacy of our visitors.
Information Collection Policies
We may request personally identifiable information from visitors who choose to participate in certain activities as described below.. Our information practices are described below.
Online Sweepstakes and Contests
From time to time, AmericasFavorite.TV offers visitors the opportunity to enter sweepstakes or contest for a prize.
AmericasFavorite.TV may ask for information such as name and e-mail address.
AmericasFavorite.TV uses this information only for purpose of conducting the sweepstakes or contest and does not disclose such information to third parties, except with a fulfillment house that
AmericasFavorite.TV may contract to help select winners and fulfill prizes. Once the sweepstakes or contest is finished,
AmericasFavorite.TV deletes the personal information collected on the online entry forms.
AmericasFavorite.TV provides visitors the opportunity to send e-mail to us. We request no personally identifiable information from the visitor. We may share e-mail addresses with our affiliated departments and businesses that may have their own disclosure practices. Visitors' e-mail correspondences are deleted from our system periodically.
AmericasFavorite.TV may give visitors the option to send "electronic media" to friends and family. We ask the visitor to submit the first name and e-mail addresses of their friends and family.
AmericasFavorite.TV uses this information only for the purpose of sending the postcards. The recipient's e-mail address is deleted periodically from our system.
Visitors wishing to play games on our site may be asked to provide
AmericasFavorite.TV their email address. This information is used only for the purpose of recording and storing a visitor's point totals over multiple gaming sessions, and is not sold, distributed, traded, or otherwise transferred to third parties. If no game activity is associated with an email address for a period of six months, it is deleted from the system.
Use of Information
At AmericasFavorite.TV, we may share aggregate information about our visitors with both our affiliated businesses (e.g.
AmericasFavorite.TV & Research partners) and externally with third parties, such as advertisers and business partners. We may also share personal information about our visitors with our affiliated departments and businesses that may have their own disclosure practices. However, it is our policy to not disclose externally with third parties personal information collected on our site, except in the following instances:
The personal information provided to AmericasFavorite.TV by visitors may be transferred, disclosed or shared with third parties who may be engaged by us specifically to handle and deliver certain activities (e.g., sweepstakes, e-cards, newsletters) and perform other technical and processing functions, such as sending postal mail and e-mail, record keeping, programming, providing user services to our visitors, or otherwise operating our site. They have access to personal information needed to perform their functions, but may not use it for other purposes.
In the event that all or substantially all of the assets relating to
AmericasFavorite.TV are transferred or sold to another entity, personally identifiable information may be transferred to the acquiring entity.
We may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect our Web site or the safety of its users.
Other than as set forth above, we do not at present intend to use your personal information for other purposes. However, in the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.
Cookies and Log Data
Cookies are information files that your Web browser places on your computer when you visit a Web site.
AmericasFavorite.TV is able to access only the cookies that it sets on your computer. We may also collect information to determine the type of computer operating system and browser that you and other visitors are using. We collect this information in the aggregate in order to provide services better tailored to our visitors' needs. We do not link the information collected through cookies to personally identifiable information submitted by visitors when participating in our activities. "Log data" is collected on Web servers within
AmericasFavorite.TV's control and supplies AmericasFavorite.TV with aggregate information about the number of visits to different pages on our site. We do not link the "log data" collected to personally identifiable information submitted by users when participating in our activities.
AmericasFavorite.TV has taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to our database servers as well as electronic security systems and password protections, which guard against unauthorized access.
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our
visitors who are California residents to request certain information regarding
its disclosure of personal information to third parties for their direct
marketing purposes. To make such a request, please send an e-mail or write us:
AmericasFavorite.TV CA Privacy Coordinator
6738 S. La Rosa Dr.
Tempe, Arizona 85283
AmericasFavorite.TV Privacy Coordinator,6738 S. La Rosa Dr., Tempe, Arizona
AmericasFavorite.TV's sites are intended for domestic visitors and, consequently, are specifically directed towards residents of the United States. This policy, like the online medium itself, is subject to change. This page was last updated on
January 12th, 2006.
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