Untitled Document

 

CROWN MEDIA FAMILY NETWORKS
TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

GENERAL
Crown Media United States, LLC and/or its parent companies, subsidiaries, agents or affiliated companies (collectively, “Crown Media”, "we" or "us") owns, operates and/or provides this and other websites, applications, pages on social networks (e.g., Facebook, Twitter, Instagram) and other online or wireless services (each, a "Website" and collectively, the “Websites”). By accessing and/or using the Websites, you agree that both your access to and use of the Websites are governed by these Terms of Use and Privacy Policy located at www.hallmarkchannel.com/privacypolicy (collectively, the “Terms”), as well as all applicable laws, rules and regulations.

RESTRICTION ON USE OF MATERIALS
All materials on the Websites ("Materials"), including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, audio and video, are protected by copyright, trademark and other laws and may only be used for your personal non-commercial purposes. You may not copy, reproduce, download, republish, duplicate, distribute, upload, modify, post or transmit Materials in any way. You are also prohibited from creating materials that are based on and/or derived from Materials.

CODE OF CONDUCT
While using any of the Websites or submitting any Posting (as defined below), you agree to comply with the following standards and agree not to:

(1) create a false identity or impersonate any person; (2) create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language; (3) post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable; (4) engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior; (5) use any of the Websites or Materials for any unlawful purpose or in any manner not intended by Crown Media or as contemplated in the Terms or on any Website; (6) suggest, illicit or encourage any illegal activity; (7) transmit any material, non-public information about any company without the express authorization to do so; or (8) transmit any advertisements or solicitations or other unsolicited or unauthorized commercial or promotional content, materials or communication.

WEBSITES POSTINGS
You agree that, by posting, submitting or transmitting any materials, including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, audio and video, on the Websites ("Postings"), you are granting to Crown Media, and to anyone authorized by Crown Media, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from and/or distribute such Posting, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose as we see fit in our sole and absolute discretion. The foregoing grant shall include the right to exploit any proprietary rights in a Posting, including, but not limited to, rights under copyright or trademark, under any relevant jurisdiction. You are not entitled to any compensation for submitting any Posting on the Websites or any use of such Posting by us in our sole and absolute discretion. By submitting a Posting, you represent and warrant that (1) you own or otherwise control all of the rights to your Posting, including, without limitation, all copyrights and/or other intellectual property; (2) your Posting does not infringe any third party’s intellectual property or other right or violate the Terms; (3) your Posting will not cause injury or damage to any person, entity or property; (4) your Posting is accurate; and (5) use by Crown Media of the Posting, in whole or in part, does not infringe any third party’s intellectual property or other right or violate the Terms. Crown Media takes no responsibility or assume any liability for any Posting and has the option, but not the obligation, to monitor, edit or remove any Posting. Crown Media has no obligation to use any Posting.

UNSOLICITED SUBMISSIONS
We receive many unsolicited ideas, suggestions or creative materials. However, it is our policy not to accept such unsolicited submissions to avoid any possibility of misunderstanding in the event that projects developed by us might seem to others to be similar to their own creative work. We do not review any unsolicited submission and the same will be returned to sender or deleted.

SWEEPSTAKES/GIVEAWAYS/CONTESTS/PROMOTIONS
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion,” collectively, the “Promotions”) on our Websites or on our channels. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, name of your cable provider, email address or other information. Participation in certain Promotions may be subject to specific official rules governing such Promotions, which may be announced in connection therewith. Regardless of whether or not specific rules are announced separately, all Promotions will be controlled by the Terms. As a condition to receiving any award or prize in connection with a Promotion, you may be required to provide additional personal information (such as, your social security number) and to sign a release or waiver. Decisions of Crown Media shall be final in all matters relating to the Promotions. By participating, entrants (and his/her parents/legal guardian if winner is a minor) agree to hold Crown Media, its multichannel video programming distributor, social network (e.g., Facebook, Twitter, Instagram) and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and all of their respective directors, officers, employees, assigns and agents (collectively, “Released Parties”) harmless against any and all claims and liability arising out of participation in the Promotions and/or use or redemption of prize. Acceptance of prize constitutes permission to Crown Media and its designees to use winner’s name, likeness (and biographical information) for advertising, marketing and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further compensation, notification or right of approval, unless prohibited by law. Released Parties are not responsible for lost, late, incomplete, garbled, inaccurate, misdirected or delayed entries or email or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in the Promotions, or by any human error which may occur in the processing of the entries in the Promotions. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participation in the Promotions or downloading materials from or use of any Website. If, in Crown Media’s opinion, there is any suspected evidence of tampering with any portion of the Promotions, or if technical difficulties compromise the integrity of the Promotions, Crown Media reserves the right to modify or terminate the Promotions (or any portion thereof) in a manner deemed appropriate by Crown Media in its sole and absolute discretion. If terminated, no prize may be awarded or prizes may be awarded in a random drawing using all non-suspect, eligible entries received as of the date of termination. In the event a dispute arises as to the identity of a potentially winning online entrant, entries made by internet will be declared made by the name on the online entry form. No Promotion conducted on a social network (e.g., Facebook, Twitter, Instagram) is in any way sponsored, endorsed or administered by, or associated with such relevant social network. All applicable federal and state laws apply. Any federal, state and local taxes resulting from acceptance and use of prize are the responsibility of the winner.

LINKED THIRD PARTY WEBSITES AND ADVERTISERS
The Websites may contain links to third party websites (“third party websites”). The content on third party websites is not under the control of Crown Media. Crown Media is not responsible for any content of third party websites or for any information, materials or any form of transmission or communication received by you from any third party website, nor is Crown Media responsible if the third party website is not functioning properly. Crown Media provides to you links to third party websites merely for your convenience. The inclusion of any link on the Websites does not imply endorsement by Crown Media of any third party, third party website or any association with the operators of such website. You are responsible for viewing and abiding by the privacy statements and terms of use posted on the third party website. Any dealings with third parties, such as advertisers or vendors, included within the Websites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. Crown Media is neither responsible nor liable for any part of such dealings or promotions.

DISCLAIMER OF WARRANTIES
While we try to optimize the performance of the Websites, your use of the Websites and any Materials and services provided through the Websites are entirely at your own risk. The Websites are provided "AS IS" and without warranties of any kind whether express or implied. To the fullest extent allowable by law, we disclaim all warranties, either express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. We do not warrant that the functions contained on the Websites will be uninterrupted, error-free, virus-free, free from other defects or that such defects will be corrected. The information supplied is intended to serve as entertainment and/or an educational supplement and is in no way to be considered advice. No opinion, advice or statement of Crown Media or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members of other users of the Websites, whether made on the Websites, in the Materials or otherwise, shall create any warrant.

LIMITATION OF LIABILITY
NEITHER CROWN MEDIA NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, MULTIVIDEO PROGRAMMING DISTRIBUTOR, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, POSTING, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CROWN MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CROWN MEDIA, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CROWN MEDIA OR A REPRESENTATIVE OF CROWM NEDIA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

INDEMNITY
You agree to indemnify, defend and hold harmless Crown Media, our parent companies, subsidiaries, affiliates, multivideo programming distributor, agents, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from (1) your breach of the Terms; (2) any allegation that any Posting or other information you submit to us or transmit to the Websites infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (3) your access to and use of the Websites; and/or (4) any claim that any Posting caused damage or loss to a third party, including, without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Please use the following procedure to notify us if you believe in good faith that any Material contained on the Websites infringes your copyright.

Pursuant to Title 17 of the United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication provided to the designated agent (please see designated agent's information below) of service provider that includes substantially the following:

(1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) 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; and (6) statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification should be sent to the designated agent as set forth below:

Crown Media Family Networks
Designated Agent Legal & Business Affairs
12700 Ventura Boulevard
Studio City, California 91604
Email: DAgent@crownmedia.com
Phone: (818) 755-2500
Fax: (818) 755-2461

CHANGES TO TERMS OF USE
We reserve the right to change the Terms at any time without any notice to you, which changes will be effective immediately upon posting of revised Terms. Your continued use of the Websites following the posting of revised Terms will mean you have accepted such Terms.

TERMINATION OF ACCOUNT
Crown Media has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any or no reason.

GENERAL
The Terms shall operate to the fullest extent permitted by law. If any provision or part of the Terms is held unlawful, void or unenforceable it shall not affect the validity and enforceability of the remaining provisions of the Terms.


Updated: September 3, 2014