Terms of Service
These Terms of Service (the "Agreement") set forth the terms and
conditions that apply to your use of the Web site located at http://jointhefight.scifi.com and the
services and materials offered thereon (the "Service") which are
offered to you by NBC Universal, Inc. (“NBCU’) and which is referred to herein
as "Join the Fight” BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this
Agreement, please discontinue your use of the Service.
1. Restrictions
on Use
The Service is a computer online service. It is accessible to you through a
personal computer, or other access device at jointhefight.scifi.com (the
"Join the Fight") using a communications connection (e.g., modem and
telephone line). As part of the Service, you will be provided with services
that may include information, editorial content, chat rooms, links to other Web
sites and other computer services that Join the Fight may decide to offer,
subject to the terms hereof. Join
the Fight may, in its sole discretion, discontinue or alter any aspect of the
Service, including, but not limited to,
i. restricting
the time of availability,
ii. restricting the availability and/or scope of the Service for certain
platforms (i.e., computer types and operating systems),
iii. restricting the amount of use permitted, and
iv. restricting or terminating any User's right to use all or part of the
Service, at any time in Join the Fight 's sole discretion and without prior
notice or liability. You are responsible for all charges (e.g., telephone)
associated with connecting to the Service through an available access number.
You are also responsible for obtaining or providing all telephone access lines,
telephone and computer equipment (including modem), or other access device,
necessary to access the Service. You certify that you are an individual (i.e.,
not a corporation). The Service is owned and operated by NBCU and its
affiliated companies and contains material that is derived in whole or in part
from material supplied and owned by Join the Fight and other sources. Such
material is protected by copyright, trademark, and other applicable laws. You
may not modify, copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute in any way any
material from the Service, including but not limited to code and software
("Material"). You may, however, download Material from the Service
for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices and use the Material in accordance with
all restrictions applicable to your use if the Service in general. In the event
that you download Material from the Service, such Material is licensed to you
by Join the Fight and Join the Fight does not transfer title to any such
Material to you.
2. Membership
Rules and Guidelines
a. Registration
Should Join the Fight choose to provide member based services, when you
register to use these Services, you will be required to provide certain
information about yourself. You agree to provide true, accurate and complete
information about yourself, and to update this information when it changes. If
you provide any information that is untrue or inaccurate, not current, or
incomplete, or if Join the Fight suspects that your information is untrue or
inaccurate, not current, or incomplete, Join the Fight may, in its sole
discretion, suspend or terminate your membership and refuse current or future
access to the Service. Any personal information supplied hereunder will be
subject to the terms of our privacy policy. Children under the age of 13 may
not register with Join the Fight . The Service is currently provided for free.
Join the Fight reserves the right
to change the nature of this relationship at any time.
b. Passwords
Should Join the Fight provide to
you a password that allows you to access certain parts of the Service, you will
be solely responsible for maintaining the confidentiality of the password and
your account information, and are fully responsible for all activities that
occur under your password or account. You agree that you will immediately
notify Join the Fight of any
unauthorized use of your password or account, or any other breach of security,
and that you will log off of the Service at the end of each session to prevent
fraud on your account by third parties.
c. General
Join the Fight may choose to send
you e-mail newsletters on a variety of topics - for example, informing you of
membership benefits and features, letting you know of problems with the site or
with services offered by Join the Fight , or presenting you with the
opportunity to buy selected products and services. You may elect during
registration not to receive these e-mail newsletters, and you may start or stop
receiving such e-mail newsletters at any time by sending an e-mail to an
address that shall be designated for that purpose. With your permission, Join
the Fight may send you e-mails on
behalf of pre-screened third parties containing promotional offers or
opportunities that we believe may be of interest to you. You may elect during
registration to receive these e-mails, and you may start or stop receiving such
e-mails at any time by sending an e-mail to an account that shall be designated
for that purpose.
d. Rules for Use of the Service
1. Conduct
Required for Use of the Service
It is a condition of your use of the Service that you do not:
i. restrict or
inhibit any other user from using and enjoying the Service;
ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation, any images or other material depicting Nudity as herein
defined and as determined by Join the Fight in its sole discretion;
iii. post or transmit comments containing harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, hate propaganda,
hate mongering, swearing, or rude or deliberately offensive comments as
determined by Join the Fight in
its sole discretion, or engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling (repeating the same message
over and over), or use of viruses, bots, worms or trojan horses;
iv. post or transmit any information, software or other material that is
fraudulent or violates or infringes the rights of others, including, without
limitation,material that violates privacy or publicity rights, or infringes
copyright, trademark or other proprietary rights, without first obtaining
permission from the owner or right holder, including, but not limited to WAREZ
(copyrighted material distributed without permission);
v. post or transmit any information, software or other material that contains a
virus or other harmful component;
vi. post or transmit content that encourages or provides instructional
activities about illegal and/or prohibited activities, including, but without
limitation, hacking, cracking, phreaking, executing hidden code to gain extra
points, playing a game multiple times when the rules clearly state that is not
allowed;
vii. post, transmit or in any way exploit any information, software or other
material for commercial purposes or that contains advertising, "junk
mail," "spam," or "chain letters";
viii. solicit other users to join, become members of, or contribute money to
any online service or other organization, advocate or attempt to get users to
join in legal or illegal schemes or plan or participate in scams involving
other users;
ix. impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity;
x. create multiple "clone" accounts solely with the intention of
voting for yourself multiple times on tasks and/or polls;
xi. resell, redistribute, broadcast or transfer the information or use the
information derived from the Service in a searchable, machine-readable
database;
xii. use the Service to collect personally identifying information about users
of the Service in violation of our Privacy Policy;
xiii. disguise a file type to thwart Join the Fight 's detection processes;
xiv. post or transmit any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law;
xv. submit to the Live Directory multiple web sites with different URLs that
re-direct a user to one web page;
xvi. submit to Live Directory more than one URL for a single category;
xvii. update Live Directory listings with intent to distort or misrepresent
them, including but not limited to changing titles of the entries, descriptions
of the entries, URLs, or keywords, or
xviii. attempt to gain unauthorized access to other computer systems or
networks connected to the Service.
For the purposes of this Agreement, "Nudity" shall include, without
limitation, images depicting persons with unclothed genitalia or persons
wearing transparent clothing over genitalia and shall be determined in Join the
Fight 's sole discretion. You agree that you will not use the Service,
including the information provided therein and all related equipment, networks
and network devices (specifically including Internet access) for any unlawful
purpose. Join the Fight , at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this provision. You
may not use any Material in connection with any site or other use that contains
or is associated with information or content prohibited by this section.
e. Monitoring
Join the Fight has no obligation
to monitor the use of the Service by members. You acknowledge and agree that
Join the Fight reserves the right
to, and may from time to time, monitor any and all information transmitted or
received through the Service for operational and other purposes. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy Policy. Use of the Service
constitutes consent to such monitoring. Furthermore, Join the Fight reserves the right at all times to
disclose any information posted on any portion of the Service as necessary to
satisfy any law, regulation or governmental request, or to refuse to post, or
to remove, any information or materials, in whole or in part, that in Join the
Fight 's sole and absolute discretion are objectionable or in violation of this
Agreement.
f. Personal Safety.
When using the Service, please be certain that anything you say does not
compromise your personal safety. Do not provide your name, phone number, postal
or e-mail address, your password, or any other personally identifying
information to people you do not know. Do not continue any conversation online
that makes you feel uncomfortable.
3. User Content
The term "Content" shall include any materials or information
submitted by you, including, without limitation, your name, likeness, videos,
photographs, recordings, writings, statements, audio materials, audiovisual
materials, ideas or other material furnished by you to Join the Fight through the website or otherwise.
ORIGINALITY;
RIGHTS: Any Content
that you post or upload on this site must be either (a) an original work by you
that does not copy or use other works (such as dialogue from plays, recordings
of musical works or clips from other videos, television programs or motion
pictures) or (b) Content for which you have all rights and permissions
necessary to grant the rights hereunder. In addition, your Content must not
infringe or violate any rights of any third party or entity, including, without
limitation, copyright, trademark, defamation, privacy, publicity, false light,
idea misappropriation, intentional or negligent infliction of emotional
distress, or any contractual rights. Before posting Content, you must have all
the rights, licenses, permissions and consents necessary to submit the Content
and to grant all of the rights that you have granted to Join the Fight under these Terms. Before you post
content, you must have the express consent of everyone who appears in the
Content to submit the Content for use, exhibition and other exploitation in any
manner and in any and all media, whether now existing or hereafter discovered,
throughout the world, in perpetuity. If you submit an image of someone who is
under 18 years of age who is not your child, you must have the permission of
that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting Content to Join
the Fight you hereby acknowledge
and agree that you are granting Join the Fight (including without limitation NBC Universal, Inc., its
licensees, successors and assigns, the perpetual and irrevocable, non-exclusive
right and license to: (a) use, copy, create derivative works from, reproduce,
distribute, display, exhibit, host, cache, store, archive, index, categorize,
comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize
with visual material, create algorithms based thereon, and transcode the
Content to appropriate media formats, standards or mediums; and (b) otherwise
use, exhibit and exploit, and sell, license, assign and otherwise transfer to
third parties the right to use, exhibit and otherwise exploit the Content (in
whole or in part and as altered by Join the Fight in its sole discretion) throughout the world in perpetuity,
in any and all media, whether now existing or hereafter devised, including,
without limitation, on Join the Fight 's website, on other websites, on the NBC
television network, and on all owned and affiliated broadcast and cable
networks, as well as in connection with any distribution or syndication
arrangement with third parties or third party sites, in any media format or
medium and through any media channels and for any purpose, including, without
limitation, downloads, streams, in audio visual recordings, motion pictures,
television programs, productions, advertising, promotion and publicity,
including, without limitation, advertising, promotion and publicity for,Join
the Fight , nbc.com and other websites, television channel(s) and its
programming, and all owned and affiliated broadcast and cable networks and
channels and their programming, all without further notice to, consent from or
payment to you. You waive any and all "moral rights" you may have in
the Content.
Without in any way limiting the foregoing, you acknowledge and agree that Join
the Fight its licensees,
successors and assigns, shall have the right to sell, license, assign and
otherwise transfer any and all of the rights granted by you to Join the
Fight under this Agreement, and to
display any advertising, publicity, promotional materials and distribution
rights in connection with your Content. You acknowledge and agree that Join the
Fight its licensees, successors and assigns, will be entitled to retain any and
all revenue generated from any sales, licenses, assignments and other transfers
of the rights granted by you hereunder, as well as any and all revenue
generated by the display of any advertising, publicity, promotional materials
or distribution rights in connection with your Content. Nothing in this
Agreement obligates or may be deemed to obligate Join the Fight or any other person or entity to
exercise any of the rights granted by you under this Agreement. Join the
Fight andtheir successors,
licensees and assigns, will have the unlimited right to assign this Agreement
and the rights granted by you under this Agreement at any time, in whole or in
part, to any party.
You grant the rights hereunder whether or not your Content or any part thereof
is actually used by Join the Fight . You acknowledge that your consideration
for the rights you grant in your Content is the possibility that Join the Fight
its licensees, successors and/or assigns will review or use your Content. You
will not receive any further compensation of any kind for your Content or the
use thereof, and you agree that Join the Fight , its licensees, successors
and/or assigns in their sole discretion, shall have the right to give you no
credit or determine in what form to give you credit for any use of your
Content. Your Content will not be acknowledged or returned. You acknowledge and
agree that your Content is being sent voluntarily, and not in confidence, and
that no confidential relationship is intended or created between Join the
Fight Join the Fight and/or any other person or entity, on
the one hand, and you, on the other hand, by your Content of the Content.
In addition to all of the legal and equitable rights and remedies available to
Join the Fight in connection with
these terms or your Content, you acknowledge and agree that Join the Fight shall have the right, in its sole
discretion, not to post the Content on any website, to remove the Content from
any website on which it has been posted, and not to use, exhibit or otherwise
exploit your Content in any manner whatsoever. Furthermore, Join the Fight shall have the right to suspend or
terminate your access to any Join the Fight or related website and refuse to grant you access to use any
Join the Fight or related website
in the future with or without warning if Join the Fight , in its sole
discretion, believes you have: (i) violated or tried to violate the rights of
Join the Fight ; or (ii) violated or tried to violate any of the
representations, warranties or other terms or conditions of this Agreement; or
(iii) acted inconsistently with any of the terms or conditions of this
Agreement. Join the Fight has no
obligation to inform you of any decision not to post, to remove, or not to use,
exhibit or otherwise exploit your Content.
You recognize that other persons, including Join the Fight own employees, may have submitted to
Join the Fight or others, or made
public, or may in the future originate and submit, or make public, materials
that are similar or identical to your Content. You acknowledge and agree that
Join the Fight , its licensees, successors and/or assigns shall have the right
to use such similar or identical materials, and that you will not be entitled
to any compensation because of Join the Fight 's or, its licensees',
successors' and/or assigns' use of such similar or identical materials. Nothing
in this Agreement, or your submission of the Content, shall be deemed to place
you in any different position from any other member of the public.
USE OF NAME AND LIKENESS: By sending Join the Fight your Content, you consent to the
recording, use and reuse by Join the Fight , their licensees, successors and assigns,
of your voice, actions, likeness, name, appearance, performance, biographical
material, and any other identifying information, including, without limitation,
any information contained in your Content (collectively, "Personal
Elements"), as edited, altered, fictionalized or modified by NBC
Universal, Inc.or Join the Fight , in their sole discretion, in any and all
media now known or hereafter devised, throughout the world, in perpetuity,
including, without limitation, in and in connection with Join the Fight , the
Join the Fight website, or related
websites, in and in connection with any television programs and other
productions, and in and in connection with advertising, promotion and
publicity. You acknowledge and agree that NBC Universal, Inc.,Join the Fight ,
their licensees, successors and assigns, may use all or any part of your
Personal Elements, and may make any changes that any of them may deem
necessary, in their sole discretion, including altering, fictionalizing or
modifying them regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in this Agreement,
you shall continue to own all rights in and to the Content. To the extent your
Content contains other materials or elements owned by Join the Fight , NBC
Universal, Inc. or any other affiliated company, such as characters or other
elements protected by copyright, trademark or other laws, your rights to make
any other use of the Content will continue to be governed by and may be limited
by other applicable laws.
4. Content on the Service.
Communications and Content posted through the Service are provided by users
such as you who are unaffiliated with Join the Fight , and the user providing
each such Communication or Content is solely responsible for the content
thereof. This means that you, and not Join the Fight , are entirely responsible
for all Content and Communications that you upload, post, email or otherwise
transmit via the Service. In using the Service or receiving e-mail messages
from members through the Service, you should not assume that such messages have
been reviewed by Join the Fight , that such Communications contain correct
information, or that the persons posting such Content and Communications have
accurately identified themselves and/or their affiliation with any third party.
You understand that by using the Service, you may be exposed to Content and
Communications that are offensive, indecent, or objectionable. Under no
circumstances will Join the Fight
be liable in any way for any Communication, including, but not limited
to, liability for any errors or omissions in any Content or Communication, or
for any loss or damage of any kind incurred as a result of the use of any
Content or Communication posted, e-mailed, or otherwise transmitted via the
Service.
5. Rules for Chat rooms, Message Boards, and Other User-Supplied
Material
Portions of this Site provide you and other users an opportunity to submit,
post, display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information, messages,
transmissions or material to us, the Site or others ("Post"
or "Postings"). Postings do not reflect the views of
Join the Fight , and Join the Fight
does not have any obligation to monitor, edit or screen any Postings,
but may do so in its sole discretion. Notwithstanding anything else in these
Rules of Conduct, Join the Fight
should not be seen as endorsing any Post in any way. Neither Join the
Fight nor its parent company, its
respective officers, directors, and employees, subsidiaries and/or affiliates
shall be liable for any Posting that is in violation of this agreement.
You acknowledge
that anything you submit to an Join the Fight Site by way of any Posting is routed through Join the Fight
's servers and the Internet and that, therefore, you have no expectation of
privacy with regard to any such submission. You acknowledge that the Posting
and features on Join the Fight
Sites are postings for public and not private communications. Please
keep in mind that whenever you give out personal information online, for
example, via message boards or chat, that information can be collected and used
by people you don't know. We cannot guarantee the security of any information
you disclose online; you make such disclosures at your own risk. (Users under
the age of 18 should be especially careful not to provide any personally
identifying information while using chat rooms or message boards. As set forth
in Join the Fight 's Terms and Conditions of use, users of chat rooms and
message boards must follow acceptable standards of behavior when posting
messages online.)
If a Posting originates from you or your account, you hereby agree not to post
any materials that
a. interfere
with anyone else's use of the Site;
b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or
threatening in any way;
c. encourage anyone to break the law;
d. violate anyone's copyright, trademark or other property right;
e. interfere with the privacy of any other user;
f. contain a virus or any other harmful component; or
g. contain false or misleading statements of fact or descriptions of the origin
of the material or the communication. You agree to comply with any additional
terms which are referred to on this Site or any subsite within the website.
The message
boards provided on the Join the Fight
Site are for the purpose of exchanging views and information about
television programming. Join the Fight
reserves the right to terminate the account or suspend the posting
privileges of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous,
obscene, pornographic, profane, threatening, or unlawful material or any
material that constitutes or encourages conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise violate any law.
Although Join the Fight may from
time to time monitor or review bulletin boards, chatrooms, discussions,
postings, transmissions, and the like on the Site, Join the Fight is under no obligation to do so and
assumes no liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel, obscenity, or
profanity contained in any such communication. Join the Fight may change, edit, or remove any user
material or conversations that are illegal, indecent, obscene, or offensive, or
that violate Join the Fight 's policies in any way. Further, Join the
Fight reserves the right to remove
or edit content from any Forum at any time and for any reason although we have
no duty to do so. Join the Fight
will fully cooperate with any law enforcement authorities or court order
requesting or directing Join the Fight
to disclose the identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any anner
which does or is intended to promote or generate revenue for any business
enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation,
Postings) violates any of the terms of this agreement, please click here to
send us a message about it. We will not respond to your message and we reserve
the right to take or refrain from taking any or all steps available to us once
we receive any such message.
6. Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
merchant. Join the Fight will not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such merchants
on the Service.
7. Disclaimers
Join the Fight is not responsible
for any incorrect or inaccurate Content posted on the Join the Fight Website or in connection with the Join
the Fight Services, whether caused
by Users of the Join the Fight
Services or by any of the equipment or programming associated with or
utilized in the Join the Fight
Services. Profiles created and posted by Members on the Join the
Fight Website may contain links to
other websites. Join the Fight is
not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Join the Fight . Inclusion of any linked
website on the Join the Fight
Services does not imply approval or endorsement of the linked website by
Join the Fight . When you access these third-party sites, you do so at your own
risk. Join the Fight takes no
responsibility for third party advertisements which are posted on the Join the
Fight Website or through the Join
the Fight Services, nor does it
take any responsibility for the goods or services provided by its advertisers.
Join the Fight is not responsible
for the conduct, whether online or offline, of any User of the Join the
Fight Services. Join the
Fight 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 or Member communication. Join the
Fight 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 Join the Fight
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 Join the Fight Services. Under no circumstances shall
Join the Fight be responsible for
any loss or damage, including personal injury or death, resulting from use of
the Join the Fight Services,
attendance at a Join the Fight
event, from any Content posted on or through the Join the Fight Services, or from the conduct of any
Users of the Join the Fight
Services, whether online or offline. The Join the Fight Services are provided "AS-IS"
and as available and Join the Fight
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Join the Fight
cannot guarantee and does not promise any specific results from use of
the Join the Fight Services.
8. Limitation on Liability. IN NO EVENT SHALL Join the
Fight 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 Join the Fight
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, Join the Fight '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 Join the Fight FOR THE Join the Fight SERVICES DURING THE TERM OF MEMBERSHIP.
9. Indemnification
You agree to defend, indemnify and hold harmless NBC Universal, Inc., its
affiliates and their respective directors, officers, employees and agents from
and against any and all claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs and expenses (including reasonable
attorneys fees) arising out of or accruing from (a) any material posted or
otherwise provided by you that infringes any copyright, trademark, trade
secret, trade dress, patent or other intellectual property right of any person
or defames any person or violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use of the Service; (c)
any breach of any of the representation, warranties or other terms or
conditions of the Content Requirements or any use of your Content or Personal
Elements (d) any non-compliance by you with the terms and conditions of this
Agreement; and (e) claims brought by persons or entities other than the parties
to this Agreement arising from or related to your access and use of the Service
or your Content to the Service, including the information obtained through the
Service.
10. Termination
Join the Fight may, in its sole
discretion, terminate your password, account (or any part thereof) or use of
the Service, or remove and discard any Communication transmitted by you, or
information stored, sent, or received via the Service without prior notice and
for any reason, including, but not limited to: (i) concurrent access of the
Service with identical user identification numbers, (ii) permitting another
person or entity to use your user identification number to access the Service,
(iii) any other access or use of the Service except as expressly provided in
this Agreement, (iv) any violation of the terms and conditions of this
Agreement or the rules and regulations relating to the use of, the software and/or
data files contained in, or accessed through, the Service, (v) tampering with
or alteration of any of the software and/or data files contained in, or
accessed through, the Service, or (vi) failure to use the Service or portion
thereof on a regular basis. You may terminate your membership hereunder upon
thirty (30) days written notice by you to Join the Fight of your intent to terminate this
Agreement. Termination, suspension, or cancellation of this Agreement or your
access rights shall not affect any right or relief to which Join the Fight may be entitled, at law or in equity.
Upon termination of this Agreement, all rights granted to you will
automatically terminate and immediately revert to Join the Fight and its licensors.
11. Trademarks
Join the Fight, the Battlestar Galactica Logo, the SCIFI logo and the other
Battlestar Galactica and SCIFI marks are trademarks of NBC Universal, Inc., and
all other trademarks, service marks and trade names used on the Service are the
property of their respective owners, and all of the above trademarks may not be
copied, downloaded or otherwise exploited without the permission of Join the
Fight or the owner of such
trademark, service mark or trade name, except as explicitly permitted in
Section 1 above.
12. Minors
If you have agreed to allow your minor child, or a child for whom you are legal
guardian (a "Minor"), to use the Service, you agree that you shall be
solely responsible for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the consequences of any
use of the Service by such Minor. Children under the age of 13 may not register
for any Service hereunder. At various places on the Service, we ask whether
users are under the age of 18 or 13. NBC relies on our users to be truthful in
responding to these questions. If a user does not identify his/her proper age,
we will have no way of verifying actual age with respect to our privacy policy.
13. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Join the Fight 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 the Electronic Frontier Foundation Web
site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the
America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
14. Infringement Policy
Join the Fight , pursuant to 17 U.S.C. Section 512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), reserves the right, but
not the obligation, to terminate your license to use the Service if it
determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Join the Fight accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials. In addition,
pursuant to 17 U.S.C. Section 512(c), Join the Fight has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted to Join
the Fight in a written complaint
that complies with the requirements below and is delivered to our designated
agent to receive notification of claimed infringement:
By mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, Rm. 1081E
New York, New York 10009
By e-mail: dmca.agent@nbcuni.com
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right
must include the following information:
A. A physical or
electronic signature of a person authorized to act on behalf of (1) the owner
of an exclusive right that is allegedly infringed or (2) the person defamed.
B. 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. Similarly, for
materials that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. 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 or other
proprietary right owner, its agent, or the law.
F. 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 or on behalf of the person defamed.
15. Modification
Join the Fight reserves the right,
in its sole discretion, to amend this Agreement, and to modify, add or
discontinue any aspect, content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Service, via e-mail or
any other reasonable means. Continued use of the Service by you shall
constitute your binding acceptance of any such amendments, modifications,
additions or deletions.
16. Export Control
Information Unless otherwise specified, the materials on the Service are presented
solely to provide information regarding and to promote Join the Fight 's
Services and other products available in the United States, its territories,
possessions and protectorates. The Service is controlled and operated by Join
the Fight from its offices within
the state of California, United States of America. Join the Fight makes no representation that materials
on the Service are appropriate or available for use outside the United States.
Those who choose to access the Service from outside the United States do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent that local laws are applicable. Software from the Service is
further subject to United States export controls. No software from the Service
may be downloaded or otherwise exported or re-exported (A) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or (B) to anyone on the
U.S. Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Service, 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.
17. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws
of the State of New York without giving effect to any principles of conflicts
of law. Although you acknowledge that we will have the ability to enforce our rights
in any court of competent jurisdiction, you hereby consent to the exclusive
jurisdiction and venue of courts in New York, New York, U.S.A., regarding any
and all disputes relating to this Agreement or your use of the Service. You
acknowledge and agree that the warranty disclaimers and liability and remedy
limitations in this Agreement are material terms of this Agreement and that
they have been taken into account in the decision by Join the Fight to provide the Service hereunder. You
may not assign any of your rights, obligations or privileges hereunder without
the prior, written consent of Join the Fight . Any assignment of the foregoing
other than as provided for in this section shall be null and void, ab initio.
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
Agreement, shall be enforced to the fullest extent allowed by law as to effect
the intention of the parties, and shall not affect the validity and
enforceability of any remaining provisions. This Agreement and any posted
operating rules constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the parties with
respect to such subject matter. No waiver of any provision or any right granted
hereunder will be effective unless set forth in a written instrument signed by
the waiving party. No waiver by either party of any breach or default hereunder
shall be deemed a waiver of any subsequent breach or default. You agree not to
reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of the Service or access to the Service. The titles and
subtitles used in this Agreement are used for convenience only and are not to
be considered in construing or interpreting this Agreement.
18. MEDIATION/ARBITRATION: PLEASE READ CAREFULLY. UNDER THIS SECTION
14, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT
TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION.
IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED
THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE
CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF NEW YORK AND
ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY
PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT
OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE,
THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION
CONDUCTED IN THE COUNTY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE
WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS
THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES").
THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE
ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND
LICENSED TO PRACTICE LAW IN NE YORK OR A RETIRED JUDGE. ANY APPELLATE PANEL
SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS.
ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH
PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE
CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF
THIS AGREEMENT. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE
ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN
OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS
REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENT ALONG WITH
A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN
ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF NEW
YORK, NEW YORK HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY
COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION
AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE
ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST Join the Fight ,
NBC Universal, Inc. ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, ITS
LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR
NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT
Join the Fight MAY NONETHELESS (1)
SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE
PROVISIONS OF THIS AGREEMENT, AND (2) BRING AN ACTION TO ENFORCE THE DECISION
OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A
FORMAL ARBITRATION PROCEEDING PURSUANT TO THIS AGREEMENT WITHIN SIX MONTHS
AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH
PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE
PURSUANT TO THIS AGREEMENT WITH RESPECT TO ANY CLAIM AGAINST YOU.
19. Member Disputes
You are solely responsible for any interaction with other members or visitors
to Join the Fight or NBC.com. Join
the Fight or NBC.com reserves the
right but shall have no obligation to monitor disputes between you and any
other member of Join the Fight or
NBC.com.
20. Notice for California Users
Under California Civil Code Section 1789.3, California users of Join the
Fight or myJoin the Fight are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814,
or by telephone at (916) 445-1254 or (800) 952-5210
Last modified on July 13, 2007