Terms of Use
EUROVISION and EUROVISION.COM are registered trademarks of
Eurovision Corporation, Chicago, Illinois, U.S.A. All rights
reserved.
Welcome to EUROVISION.COM, a Eurovision Corporation owned Web site, (the "Site"). Thank you for visiting and
have a great time!
It is important to us that you, and our other visitors, have the
best possible time while using our Site, and that when you use this
Site you are fully aware of our respective legal rights and
obligations. For that reason, we have created these Terms of Use as
the legally binding terms to govern your use of this Site. Please
read these Terms of Use carefully before using the Site, because
they affect your legal rights and obligations.
9.
Forums
10.
Submissions, Postings and E-mails
11.
System Abuse
12.
Security
13.
Investigations
14.
Service
16.
Indemnity
19.
Proprietary Online Services
Your
Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use
this Site, because by using this Site you will be deemed to have
irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered by
EUROVISION.COM may be subject to additional terms and conditions,
which you should read carefully before making any use of those
areas. Any such terms will not vary or replace these Terms of Use
regarding any use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued
without notice at any time by updating this posting. You should
visit this page regularly to review the current Terms of Use, since
your continued use of the Site will be deemed as irrevocable
acceptance of any revisions.
These Terms of Use were last updated on April 27, 2007.
How To
Contact Us
This Site is controlled and operated by EUROVISION and
EUROVISION.COM, a Eurovision Corporation, 1221 N. Dearborn Street,
Suite A, Chicago, Illinois 60610, U.S.A. Please forward any comments
or complaints to customerservice@eurovision.com. Please forward any
questions regarding privacy to privacy@eurovision.com.
Please forward any questions regarding other legal matters to
legal@eurovision.com.
Your
Registration
To access this Site or some of the resources it has to offer, you
may be asked to provide registration details. It is a condition of
use of this Site that all the details you provide will be correct,
current, and complete. If we at EUROVISION.COM Inc. believe the
details are not correct, current, or complete, we have the right to
refuse you access to the Site, or any of its resources, and to
terminate or suspend your account.
Unless we have received a properly completed and acceptable parental
consent form governing your use of this Site, we will assume (and by
using this Site you warrant that) you have legal capacity to enter
into the agreement set out in these Terms of Use (i.e., that you are
of sufficient age and mental capacity and are otherwise entitled to
be legally bound in contract).
Online
Privacy Notice
Your privacy is important to us. To better protect your privacy, we
provide a notice explaining our online information practices and the
choices you can make about the way your information is collected and
used at this site, which forms part of these Terms of Use.
Trademarks
and Copyrights
This Site and all materials incorporated by EUROVISION.COM on this
Site ("Material") are protected by copyrights, patents, trade
secrets or other proprietary rights ("Copyrights"). Some of the
characters, logos or other images incorporated by EUROVISION.COM on
this Site are also protected as registered or unregistered
trademarks, trade names and/or service marks owned by Eurovision
Corporation. or others ("Trademarks"). EUROVISION.COM respects the
intellectual property rights of others and asks users of this Site
to do the same.
Your Use of
Material
Your right to make use of this Site and any Material or other
content appearing on it is subject to your compliance with these
Terms of Use. Modification or use of the Material or any other
content on this Site for any purpose not permitted by these Terms of
Use may be a violation of the Copyrights and/or Trademarks and is
prohibited.
You may access and display Material and all other content displayed
on this Site for non-commercial, personal, entertainment use on a
single computer only. The Material and all other content on this
Site may not otherwise be copied, reproduced, republished, uploaded,
posted, transmitted, distributed or used in any way unless
specifically authorized by EUROVISION.COM. Any authorization to copy
Material granted by EUROVISION.COM in any part of this Site for any
reason is restricted to making a single copy for non-commercial,
personal, entertainment use on a single computer only, and is
subject to your keeping intact all copyright and other proprietary
notices. Using any Material on any other web site or networked
computer environment is prohibited. Also, decompiling, reverse
engineering, disassembling, or otherwise reducing the code used in
any software on this Site into a readable form in order to examine
the construction of such software and/or to copy or create other
products based (in whole or in part) on such software, is
prohibited.
Disclaimer of
Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EUROVISION.COM AND ALL
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN EUROVISION.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
EUROVISION.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. EUROVISION.COM DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EUROVISION.COM'S
WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. EUROVISION.COM DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR
OTHER CONTENT IN EUROVISION.COM OR ANY SITES LINKED TO
EUROVISION.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. EUROVISION.COM MAKES NO WARRANTIES THAT YOUR USE OF
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER
CONTENT IN EUROVISION.COM WILL NOT INFINGE THE RIGHTS OF OTHERS AND
EUROVISION.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES,
SERVICE OR OTHER CONTENT OF EUROVISION.COM. IF APPLICABLE LAW DOES
NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of
Liability
EUROVISION.COM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, EUROVISION.COM OR THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON EUROVISION.COM,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF
EUROVISION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. WITHOUT LIMITATION, YOU (AND NOT EUROVISION.COM) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE
EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT
ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY
TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN
OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS
ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF EUROVISION.COM
OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS.
EUROVISION.COM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND
THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF EUROVISION.COM.
EUROVISION.COM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS
WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND
LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions,
Postings and E-mails
EUROVISION.COM is interested in hearing from you. It is, however,
our policy that we will not accept or consider unsolicited
submissions of concepts, stories, or other potential content.
Therefore, please do not send EUROVISION.COM any unsolicited
submissions.
From time to time, areas on this Site may expressly request
submissions of concepts, stories, or other potential content from
you ('Invited Submissions'). Where this is the case, please
carefully read any specific rules or other terms and conditions
which appear elsewhere on this Site to govern those submissions
('Additional Terms'), since they will affect your legal rights. If
no Additional Terms govern those submissions, then these Terms of
Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us will not be treated as
confidential.
Please act responsibly when using this Site. You may only use this
Site and its contents for lawful purposes and in accordance with
applicable law and you are prohibited from storing, distributing or
transmitting any unlawful material through this Site. You may not
collect or store personal information regarding other users. You
recognize that storing, distributing or transmitting unlawful
material could expose you to criminal and/or civil liability. You
agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all
materials publicly posted (other than by EUROVISION.COM) or
privately transmitted on or through this Site are the sole
responsibility of the sender, not EUROVISION.COM, and that you are
responsible for all material you upload, post or otherwise transmit
to or through this Site.
We at EUROVISION.COM require that you do not post e-mails or submit
to or publish through Forums or otherwise make available on this
Site any content, or act in a way, which in our opinion:
a.
libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
b.
seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
c.
infringes any intellectual property or other right of any entity or
person, including violating anyone's copyrights or trademarks or
their rights of publicity;
d.
violates any law or may be considered to violate any law;
e.
you do not have the right to transmit under any contractual or other
relationship (e.g., inside information, proprietary or confidential
information received in the context of an employment or a
non-disclosure agreement);
f.
advocates or promotes illegal activity;
g.
impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise
the origin of the content;
h.
advertises any commercial endeavor (e.g., offering for sale products
or services) or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as specifically
authorized on this Site;
i.
solicits funds, advertisers or sponsors;
j.
includes programs which contain viruses, worms and/or 'Trojan
horses' or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications;
k.
disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in real time
activities via the Site;
l.
copies any other pages or images on this Site except with
appropriate authority;
m.
includes MP3 format files;
n.
amounts to a 'pyramid' or similar scheme;
o.
amounts to 'data warehousing' (i.e., using any web space made
available to you as storage for large files which are only linked
from other sites). You must provide a reasonable amount of content
to accompany such material in order that at least some of the
traffic to your site comes directly via us;
p.
disobeys any policy or regulations established from time to time
regarding use of this Site or any networks connected to this Site;
or
q.
contains links to other sites that contain the kind of content,
which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship
banners or other material inserted by EUROVISION.COM anywhere on
this Site (e.g., on any web space made available for your use).
System Abuse
Without limitation, you agree not to send, create or reply to so
called "mailbombs" (i.e., emailing copies of a single message to
many users, or sending large or multiple files or messages to a
single user with malicious intent) or engage in "spamming"(i.e.,
unsolicited emailing for business or other purposes) or undertake
any other activity which may adversely effect the operation or
enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any
resource, or access to any resource, contained on this Site.
Any passwords used for this Site are for individual use only. You
shall be responsible for the security of your password (if any).
EUROVISION.COM shall be entitled to monitor your password and, at
its discretion, require you to change it. If you use a password that
EUROVISION.COM considers insecure, EUROVISION.COM will be entitled
to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this Site to compromise security or tamper with
system resources and/or accounts. The use or distribution of tools
designed for compromising security (e.g. password guessing programs,
cracking tools or network probing tools) are strictly prohibited. If
you become involved in any violation of system security,
EUROVISION.COM reserves the right to release your details to system
administrators at other sites in order to assist them in resolving
security incidents.
EUROVISION.COM reserves the right to investigate suspected
violations of these Terms of Use, including without limitation any
violation arising from any submission, posting or e-mails you make
or send to any Forum. EUROVISION.COM may seek to gather information
from the user who is suspected of violating these Terms of Use, and
from any other user. EUROVISION.COM may suspend any users whose
conduct or postings are under investigation and may remove such
material from its servers as it deems appropriate and without
notice. If EUROVISION.COM believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or modify
any submission, posting or e-mails, remove the material permanently,
cancel postings, warn users, suspend users and passwords, terminate
accounts or take other corrective action it deems appropriate.
EUROVISION.COM will fully cooperate with any law enforcement
authorities or court order requesting or directing EUROVISION.COM to
disclose the identity of anyone posting any e-mails, or publishing
or otherwise making available any materials that are believed to
violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE
AND HOLD HARMLESS EUROVISION.COM FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY EUROVISION.COM DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF
INVESTIGATIONS BY EITHER EUROVISION.COM OR LAW ENFORCEMENT
AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide
Web and pay any service fee associated with that access. You will
need to provide all equipment necessary to connect to the Site on
the World Wide Web (including a computer, modem and/or other access
devices).
EUROVISION.COM, reserves the right to modify or discontinue,
temporarily or permanently, all or any part of this Site and/or any
software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations on
their use.
Local
Regulations
EUROVISION.COM makes no representation that Materials or other
content in the Site are appropriate or available for use outside the
United States, its territories, possessions and protectorates. If
you choose to access the Site from other locations you do so on your
own initiative and at your own risk. You are responsible for
complying with local laws, if and to the extent local laws are
applicable. You specifically agree to comply with all applicable
laws concerning the transmission of technical data exported from the
United States or the country you reside in.
You agree to indemnify and hold harmless EUROVISION.COM, its parent,
subsidiaries and each of their respective officers, directors,
employees, agents, distributors and affiliates from and against any
and all claims, demands, liabilities, costs or expenses, including
reasonable attorney's fees, resulting from your breach of any of the
foregoing provisions, representations or warranties, and/or from
your placement or transmission of any content onto EUROVISION.COM's
servers, and/or from any and all use of your account.
Our Use
of Content
EUROVISION.COM will consider anything you provide to EUROVISION.COM
and/or contribute to this Site as available for our use free of any
obligations to you, except where we have expressly solicited Invited
Submissions and those submissions are expressly governed by
Additional Terms appearing elsewhere on this Site (see 'Submissions,
Postings and E-mails' above), in which event those Additional Terms
will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or
uploading any content to this Site and/or providing any
communication or material to EUROVISION.COM ("User Content"), you
automatically and irrevocably: (a) grant and assign to
EUROVISION.COM any and all rights in the User Content throughout the
world including without limitation all copyright, together with all
consents (if any) necessary to enable its reproduction,
distribution, modification, publishing and/or other exploitation by
EUROVISION.COM and/or by any person authorized by EUROVISION.COM, by
any means and in all media now known or hereafter devised without
payment or other reference to you or any other person, and to
advertise and promote such exploitation, for the full period of all
such rights (together with any extensions and renewals) and insofar
as possible in perpetuity; (b) waive all moral rights in the User
Content which may be available to you in any part of the world and
confirm that no such rights have been asserted; (c) appoint
EUROVISION.COM as your agent with full power to enter into any
document and/or do any act EUROVISION.COM may consider appropriate
to confirm the grant and assignment, consent and waiver set out
above; (d) warrant that you are the owner of the User Content and
entitled to enter into these Terms of Use; (e) confirm that no such
User Content will be subject to any obligation, of confidence or
otherwise, to you or any other person and that EUROVISION.COM shall
not be liable for any use or disclosure of such User Content.
Third-Party
Sites
This Site may link you to other sites on the Internet. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of EUROVISION.COM, and you acknowledge that (whether or not
such sites are affiliated in any way with EUROVISION.COM)
EUROVISION.COM is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply endorsement
of any site by EUROVISION.COM or any association with its operators.
EUROVISION.COM cannot ensure that you will be satisfied with any
products or services that you purchase from any third-party site
that links to or from EUROVISION.COM since other shop channels are
owned and operated by independent retailers. EUROVISION.COM does not
endorse any of the merchandise, nor has EUROVISION.COM taken any
steps to confirm the accuracy or reliability of any of the
information contained in such third-party sites. EUROVISION.COM does
not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other
personal information) you might be requested to give any third
party, and you irrevocably waive any claim against us with respect
to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online transaction with any of these third parties. For
further information about the policies of online stores in the
EUROVISION.COM shopping mall, click here.
Proprietary
Online Services
Any area of this Site that is accessed through any proprietary
online service is subject to the rules, policies and guidelines of
such proprietary online service.
The Materials and all other content in this Site are presented
solely for the purpose of providing entertainment and information
and promoting programs, films, music, and other products available
in the United States, its territories, possessions, and
protectorates. The Site is controlled and operated by EUROVISION.COM
from its offices within the State of Illinois, United States of
America.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the State of Illinois, as they are
applied to agreements entered into and to be performed entirely
within Illinois. Any action you, any third party or EUROVISION.COM
may bring to enforce these Terms of Use or, in connection with any
matters related to the Site shall be brought only in either the
State or Federal Courts located in Cook County, Illinois, and you
expressly consent to the jurisdiction of said courts. If any
provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
for this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained
herein.
Claims of
Infringement
If you believe that any content appearing on this Site infringes
your copyright rights, we at EUROVISION.COM want to hear from you.
Please forward the following information in writing to the Copyright
Agent at the address listed below.
a.
your name, address, telephone number, and e-mail address;
b.
a description of the copyrighted work that you claim has been
infringed;
c.
the exact URL or a description of each place where alleged
infringing material is located;
d.
a statement by you that you have a good faith belief that the
disputed use has not been authorized by you, your agent, or the law;
e.
your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf; and
f.
a statement by you made under penalty of perjury, that the
information in your notice is accurate, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Copyright Agent
EUROVISION.COM
Eurovision Corporation
1221 N. Dearborn Street
Suite A
Chicago, IL 60610
Tel: 312-944-4484
Email: legal@eurovision.com
EUROVISION.COM seeks to preserve any and all exemptions from
liability that may be available under the copyright law, but does
not necessarily stipulate that it is a service provider as defined
in USC section 512(c) or elsewhere.
