Welcome to the affiliate internet site of Family Entertainment Television, Inc. (“FETV”) a wholly-owned subsidiary of Family Broadcasting Corporation. The use of this website is only open to an authorized agent (“you”) of a MVPD system (i) legally domiciled in the 50 United States, its territories and possessions, and (ii) which carries the television network “FETV”.
This FETV AFFILIATE WEBSITE TERMS & CONDITIONS (the “Agreement”) is between the MVPD system you represent (“your System”) and FETV, with a principal place of business at 61300 Ironwood Road, South Bend, Indiana 46614, USA. The Agreement covers the Web site located at the URL www.affiliate.fetv.tv (the “Site”). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOUR SYSTEM AGREES TO THESE TERMS & CONDITIONS. IF YOUR SYSTEM DOES NOT AGREE TO THESE TERMS & CONDITIONS, NEITHER YOU NOR YOUR SYSTEM SHOULD USE THIS SITE. You represent and warrant you have authority to enter into this Agreement on behalf of your System. Unauthorized individuals attempting to access this Site may be subject to prosecution.
1. License Grant.
The Site is provided by FETV, and this Agreement provides to you and your System a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any programs, services, tools, materials, or information made available through or from the Site conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits your System to use and access the Site for business purposes only.
A. Your System shall use the Site for lawful purposes only. Your System shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without FETV’s express prior approval, your System shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. Your System shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Site. Any conduct by you or your System that in FETV’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
B. The Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, cross-channel promotions, text, software, photos, video, graphics, music and sound, and the contents of the Site are copyrighted under the United States copyright laws. You expressly acknowledge and agree that FETV transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FETV and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material (such as permitted distribution of cross-channel promotions), no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
C. Your System shall not e-mail, upload, post or otherwise make available on the Site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with your System. Your System shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to FETV’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of FETV. By submitting material to FETV, your System automatically grants, or warrants that the owner of such material has expressly granted FETV the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
D. You or your System may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other authorized user(s), or any other systems or networks connected to the Site or to any FETV server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FETV’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to FETV on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FETV.
E. The foregoing provisions are for the benefit of FETV, its subsidiaries, affiliates and its third-party providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3. User Obligations.
By downloading, accessing, or using the Site, you represent that you are an authorized agent of a MVPD system legally domiciled in the 50 United States, its territories and possessions; you are at least the legal age of majority; and you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, FETV reserves the right to terminate immediately you and/or your System’s access to and use of the Site. In addition, you and your System agree to abide by all applicable local, state, national, and international laws and regulations with respect to your System’s use of the Site. Without limiting the generality of the foregoing, your System agrees that it shall not use nor disclose to any other party in a manner not permitted by this Agreement any personally identifiable information, which your System receives or which is made available from FETV in connection with this Agreement. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You or your System shall not export the Site (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While FETV has endeavored to create a secure and reliable Site, your System should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, FETV is not responsible for the security of any information transmitted to or from the Site. Your System agrees to assume all responsibility concerning activities related to your System’s use of the Site, including, providing any support or meeting any requirements of your System’s contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Site shall only be available through the sole discretion of FETV or pursuant to the terms and conditions of a separate written agreement with FETV.
4. Other Terms & Conditions.
Additional notices, terms, and conditions may apply to registration, receipt of services and prizes, participation in a particular rewards or incentive programs, receipt of information and materials, and/or to other specific portions or features of the Site, all of which are made a part of this Agreement by this reference. Your System agrees to abide by all additional notices, terms, and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your System’s use of that portion of the Site. FETV’s obligations, if any, with respect to its programs, services, tools, prizes, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this Agreement should be construed to alter such terms, conditions, notices, and agreements.
5. Registration and User Name Handling Policy.
Registration as an authorized user for access to certain areas of the Site will require that you submit information about your System, including without limitation your System’s corporate name and address, subscriber count, your name and title, etc. FETV has the right to deny any registration request. Each authorized user may use only one user name and password and, thus, one account. By using the Site, your System agrees to consider its user name and password as confidential information and to keep its user name and password confidential. Your System shall have only one authorized user and agrees not to use another authorized user’s user name and password. Your System will immediately notify FETV if the authorized user for your System has changed, your System becomes aware of any loss or theft of your System’s password or any unauthorized use of your System’s user name and password. FETV cannot and will not be liable for any loss or damage arising from your System’s failure to comply with these obligations. FETV reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
7. Feedback and Submissions.
FETV welcomes your System’s feedback and suggestions about FETV’s products or services or the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to FETV, your System represents and warrants that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, patents, copyrights, or trademark rights) and that your System has all rights necessary to convey to FETV and enable FETV to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for FETV to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and your System hereby waives any claim to the contrary.
8. Links to Other Sites.
FETV may provide links, in its sole discretion, to other sites on the World Wide Web for your System’s convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by FETV and are maintained by third parties over which FETV exercises no control. Accordingly, FETV expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third-party or any Web site or the products or services provided by any third party.
9. Third-Party Products/Services.
FETV, in its sole discretion, may post the advertisements of third parties on the Site and/or feature materials, programs, products, and services provided by third parties, including, without limitation, FETV’s registrants. FETV makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, or receive programs, products, and services which such third-party materials, products, prizes and services may access. Your correspondence or any other dealings with third parties found on the Site are solely between your System and such third-party. Accordingly, FETV expressly disclaims responsibility and liability for all third-party provided materials, programs, products, merchandise, prizes and services contained on, accessed or received through the Site, and your System agrees that FETV shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.
WHILE FETV ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, PRIZES, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, PRIZES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, DEFECTS OR OTHER INACCURACIES. FETV IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOUR SYSTEM THAT ARE AVAILABLE THROUGH OR FROM THE SITE. MOREOVER, FETV MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, PRIZES, AND MATERIALS AVAILABLE ON AND THROUGH THE SITE AT ANY TIME AND FOR ANY REASON. YOUR SYSTEM ASSUMES THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRIZES AND MATERIALS AVAILABLE ON AND THROUGH THE SITE. FETV MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRIZES AND MATERIALS AVAILABLE ON AND THROUGH THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. FETV ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
11. Limitation of Liability.
You and you System expressly absolve and release FETV from any claim of harm resulting from a cause beyond FETV’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU AND YOUR SYSTEM AGREE THAT NEITHER FETV, ITS RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS, WEB MASTERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE ANY LIABILITY WHATSOEVER AND SHALL BE HELD HARMLESS BY YOU AND YOUR SYSTEM AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING (BUT NOT LIMITED TO) PERSONAL INJURY (INCLUDINGOR DEATH), OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, INFORMATION, OR MATERIALS OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED FOR ANY REASON, INCLUDING WITHOUT LIMITATION ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. YOU AND YOUR SYSTEM AGREE THAT THE RELEASED ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY FOR ANY REASON, INCLUDING WITHOUT LIMITATION ARISING OUT OF ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, PRIZES AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FETV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
Your System agrees to defend, indemnify, and hold harmless FETV, its parents, subsidiaries, and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you or your System of this Agreement.
13. Notice of Security Breach.
In addition to the foregoing indemnification obligation, if you or your System discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by FETV, your System shall immediately (i) notify FETV of such breach or such potential breach and (ii) if the applicable data was in your System’s possession or control, including, without limitation, in instances where such possession or control was permitted by this Agreement at the time of such breach or potential breach, your System shall immediately (a) investigate such breach or such potential breach, (b) inform FETV of the results of such investigation, (c) assist FETV using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist FETV as reasonably necessary to enforce FETV’s rights and to enable FETV to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
14. Governing Law.
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Indiana, U.S.A. as applied to agreements entered into and completely performed in the State of Indiana. Your System and FETV each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts located in South Bend, Indiana for any disputes between us under or arising out of this Agreement. Your System also agrees to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you or your System might have against FETV must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Your System also acknowledges and agrees that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. FETV makes no representation that the Site is appropriate or available for use in other locations outside the State of Indiana, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. Your or your System’s access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your System’s access and use of the Site. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact FETV if your System wishes to receive a printed copy of this Agreement.
15. Enforcing Security on the Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. FETV reserves the right to view, monitor, and record activity on the Site without notice or permission from you or your System, including, without limitation, by archiving notices or communications sent by your System through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. FETV will also comply with all court orders involving requests for such information. In addition to the foregoing, FETV reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, in order to protect the Site, FETV, or FETV’s business partners and affiliates.
16. Term and Termination.
FETV reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny you or your System’s access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other authorized users, and this Agreement will also terminate automatically if you or your System fails to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Your System may also terminate this Agreement at any time by ceasing to use the Site, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, your System must destroy all copies of any aspect of the Site in its possession. In addition to the miscellaneous section below, the provisions concerning FETV’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
18. Modification of Agreement.
19. Contacting the Site.
If you have any questions about these Terms & Conditions, the practices of this Site, or your System’s dealings with this Site, you can contact us at [email protected].