This statement covers all of the Web sites affiliated with Entertainment RX and any other features, content, or applications offered from time to time by us in connection with Entertainment RX (collectively, the “Services”). These Terms of Use (”Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Entertainment RX Network Sites) or you are a “Member” (which means that you have registered with any of the Entertainment RX Network Site). The term “User” refers to a Visitor or a Member. Please read this Agreement carefully before proceeding to access any of the Entertainment RX Network Sites and/or Services. Your use of the Entertainment RX Network Sites and/or Services indicates your agreement to abide by this Agreement. If you do not agree with this Agreement, you will have no right to use the Entertainment RX Network Sites and you should leave the Entertainment RX Network Sites and discontinue use of the Services immediately.
Links to External Sites
Entertainment RX Network Sites contain links to external, third party web sites along with relevant commentary to provide our Users with an up to date digest of current news stories.
By providing links to other sites, Entertainment RX does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Entertainment RX Network Site in question.
Entertainment RX does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Users of Entertainment RX Network Sites assume complete responsibility and risk in their use of any external sites. Users should direct any concerns regarding any externally linked website to its site administrator or webmaster.
Use by Users
Users must be at least 13 years of age or older. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Entertainment RX. Illegal and/or unauthorized use of the Services, including providing false information during the registration process, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Entertainment RX Network Sites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services, including but not limited to, deletion of your Member account. Entertainment RX may change, suspend or discontinue the Services for any reason, at any time. Entertainment RX may also impose limits on certain Services or restrict Users’ access to parts or all of the Services without notice or liability.
Comments and Discussion Groups Terms of Use?
In order to make our comments interesting and informative for our Users, the following guidelines must be adhered to by all Users posting and/or viewing comments:
* If a comment is made using your identity or screen name it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make false or misleading statements.
* Do not offer to sell or buy any product or service, or post links to third party websites.
* Do not post material that infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of any law, statute, ordinance or regulation.
* Keep all comments relevant and ‘on topic’ to the particular Entertainment RX Network Site posting open for comments.
If Entertainment RX receives notice that any posting is not in keeping with these terms and conditions or the intended use of the comments, Entertainment RX may remove that posting and/or any other related postings. Entertainment RX reserves the right, in our sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Entertainment RX assumes no responsibility for monitoring the Services for inappropriate Content or conduct. For purposes of this Agreement, “Content” shall include, without limitation, video, film, music, text, communications, software, scripts, graphics, images, audio, information, and interactive features. If at any time Entertainment RX chooses, in its sole discretion, to monitor the Services, Entertainment RX nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
User acknowledges and agrees that if User uses any of the Services to contribute Content to the Entertainment RX Network Sites, Entertainment RX is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so.
The Entertainment RX Network Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Member Registration and Security.
As a condition to using certain Services, Users may be required to register with Entertainment RX and select a password and Member name (”Entertainment RX Member ID”). User may not (i) select or use as a Entertainment RX Member ID a name of another person with the intent to impersonate that person; or (ii) use as a Entertainment RX Member ID a name subject to any rights of a person other than User without appropriate authorization. Entertainment RX reserves the right to refuse registration of, or cancel a Entertainment RX Member ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Entertainment RX password.
Member Disputes.
You are solely responsible for your interactions with other Users of the Entertainment RX Network Sites. Entertainment RX reserves the right, but has no obligation, to monitor disputes between you and other Users.
Notification of Changes
Whenever Entertainment RX changes its Terms of Use, it will post those changes to this Web page, and other places we deem appropriate to make Users aware of such changes. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Claims of Infringement
If you believe that any content appearing on an Entertainment RX website infringes on your copyright, please let us know. Forward the following information to us using the contact form and we will remove the infringing material at once.
(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
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Applicable Laws
The Entertainment RX Network Sites (excluding linked sites) are controlled by Entertainment RX, from its offices within the state of Tennessee, United States of America. By accessing the Entertainment RX Network Sites, you and Entertainment RX agree that the statutes and laws of the state of Tennessee, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Entertainment RX Network Sites and/or Services. Those who choose to access the Entertainment RX Network Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is void where prohibited by law, and the right to access the Entertainment RX Network Sites and/or Services is revoked in such jurisdictions. Either Entertainment RX or you may demand that any dispute between Entertainment RX and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Memphis, Tennessee.
Disclaimers
Entertainment RX is not responsible for any incorrect or inaccurate Content posted on the Entertainment RX Network Sites or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Users acknowledge that Entertainment RX has no control over, and no duty to take any action regarding: which Users gain access to the Entertainment RX Network Sites; what Content User accesses via the Entertainment RX Network Sites; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. The Entertainment RX Network Sites may contain information that some people may find offensive or inappropriate. Entertainment RX makes no representations concerning any Content contained in or accessed through the Entertainment RX Network Sites, and Entertainment RX will not be responsible or liable for the copyright compliance, legality or decency of material contained in or accessed through the Entertainment RX Network Sites. User acknowledges sole responsibility for and assumes all risk arising from use of any Entertainment RX Network Sites and/or Services. Profiles created and posted by Users of Entertainment RX Network Sites may contain links to other websites. Entertainment RX 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 Entertainment RX. Inclusion of any linked website on Entertainment RX does not imply approval or endorsement of the linked website by Entertainment RX. When you access these third-party sites, you do so at your own risk. Entertainment RX takes no responsibility for third party advertisements which are posted on the Entertainment RX Network Sites or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Entertainment RX is not responsible for the conduct, whether online or offline, of any User of the Services. Entertainment RX 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. Entertainment RX 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 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 Services.
Warranty Disclaimer and Limitation on Liability
All of the information, Content and Services on the Entertainment RX Network Sites are provided “as is,” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will Entertainment RX be liable to any party for any special, indirect, incidental or consequential damages, including without limitation, lost revenues or lost profits, whether incurred by you or a third party, which may result from the use of the Entertainment RX Network Sites or any other linked site, even if Entertainment RX is advised of the possibility of such damages.Under no circumstances shall Entertainment RX be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Entertainment RX event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. Entertainment RX cannot guarantee and does not promise any specific results from use of the Services. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Entertainment RX’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 Entertainment RX FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity
You agree to indemnify and hold Entertainment RX, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Entertainment RX Network Sites or through the Services causes Entertainment RX to be liable to another.
Other
This Agreement is accepted upon your use of the Entertainment RX Network Sites or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Entertainment RX regarding the use of the Services. The failure of Entertainment RX to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sublicensable by User except with Entertainment RX’s prior written consent. Entertainment RX may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Termination
Either party may terminate the Services at any time by notifying the other party by any means. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Contact Information
If you have any questions or notices of violations to these terms and conditions, please contact the editor of the Entertainment RX Network Site in question, or send an email to info(at)entertainmentrx.com.
