We also reserve the right to suspend, modify, alter, amend, or end operations or access to any of the Sites, or portions of Sites, for any or no reason in our sole discretion and without any notice to you. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO YOUR ACCOUNT, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE LITTON’S PROPERTY.
1. Personal, Non-Commercial Use by users. The Sites are for the personal use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and may not use the Sites for any purpose.
2. Proprietary Rights in Content on the Sites. Litton owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by Litton, its producers, licensors, licensees, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the “Materials”), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission from Litton and maintain all legal notices provided by Litton. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Litton’s or such other sources’ copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the Sites, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
4. Rules of Conduct on the Sites.
a) You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
• includes copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
• is offensive, illegal, or might violate the rights, harm, or threaten the safety of another person, including without limitation sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work (see Paragraph 6 below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person under the age of 13 in all instances, or age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
• tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• solicits gambling or engages in any gambling activity which Litton, in its sole discretion, believes is or could be construed as being illegal;
• contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
• interferes with another user’s use and enjoyment of the Sites; or
• interfering with computer networking service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to ‘crash’ a host.
b) You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
c) You may not include in your member profile any telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.
e) You understand that Litton has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, including without limitation those that may involve personal injury.
f) Litton reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. Notwithstanding this right of Litton, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES.
g) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, 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 advertiser. Litton shall 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 advertisers on the Sites.
h) It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Litton does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Litton is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
5. Unsolicited Creative Submissions/ Communications. Litton does not accept or consider creative ideas, suggestions or materials other than those Litton has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Litton or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Submission must be made via the Submission Form found here: http://www.litton.tv/contact-us/. Any submission made without use of the Submission Form shall be deemed “Content”, will be subject to Paragraph 3 above, and shall become the property of Litton. None of the Information shall be subject to any obligation of confidence on the part of Litton and Litton shall not be liable for any use or disclosure of any Information. Litton shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
You further hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Litton Sites, on third party web sites, on broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
6. Copyrights and Copyright Agent. Litton respects the rights of all copyright holders and in this regard, Litton has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions (“repeat offenders”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Litton’s Copyright Agent the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:
(1) A 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 and location 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 and their locations;
(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 us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party;
(5) A 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) A 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.
For copyright inquiries under the DMCA please contact:
Litton Syndications, Inc.
Attn: Copyright Agent
884 Allbriton Blvd.
Mt. Pleasant, SC 29464
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the Material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA.
Do not contact Litton’s DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about the Sites, contact firstname.lastname@example.org.
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE MAY TERMINATE YOUR ACCESS TO THE SITES.
7. Accounts. Some services on the Litton Sites permit or require you to create an account to participate or to secure additional benefits. You may not set up an account unless you are 18 years or older. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Litton Site. In addition, you agree to exit from your account at the end of each session.
8. User Disputes. You are solely responsible for your interactions with other users. Litton reserves the right, but has no obligation to monitor communications and any disputes between you and other users.
11. Hyperlinks. The inclusion of websites or external hyperlinks on the Sites does not constitute endorsement by Litton, its subsidiaries and affiliates of the opinions or views expressed by these linked sites and Litton does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked sites. Furthermore, Litton is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Litton nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Litton assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Litton will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
Litton welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by Litton, its affiliates, or any group or individual affiliated with Litton. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Litton’s Prior Written Consent.
12. Limitation on Liability. The Sites have been created for entertainment purposes only. THE SITES ARE OFFERED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK.
Litton is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. Litton is not responsible for the conduct, whether online or offline, of any users of the Sites. Litton 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, user or member communications. Litton 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 email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will Litton be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. Litton cannot guarantee and does not promise any specific results from use of the Sites. The content of Litton Sites is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Litton Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER LITTON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF LITTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
13. U.S. Export Controls. Software from the Sites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) 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 (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site and/or downloading any content from the Site, 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.