Showtime Networks Inc.
Terms of Use
This site is designed for and targeted to adults. It is intended solely and exclusively for residents of the United States of America and its territories and possessions ("U.S.") who are at least 18 years of age or older. In order to use and access the features and services provided by this site you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located), and a resident of the U.S. If you are not an adult, or if you do not reside in the U.S., please stop and discontinue your use of this site. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including this site's Privacy Policy and any other terms and conditions, please discontinue using the site immediately. By using the site, you certify that you are a resident of the U.S., that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions. Use of and membership to this site and is void where prohibited.
All material on this site, including, but not limited to images, illustrations, audio clips, and video clips (collectively, the "Material") is protected by copyrights owned or controlled by Showtime Networks Inc. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
Showtime Networks Inc., its parent, sister, subsidiary and affiliated companies, as well as their agents and assignees, as applicable ("Showtime"), reserve the right, in their sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree to review these Terms of Use on a periodic basis.
Provided you are eligible to use this site, Showtime hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from Showtime or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.
Unsolicited Submissions Policy
Although we welcome your comments to our programming and this site, Showtime does not accept unsolicited submissions for its shows, sites and other products. Therefore, please do not make any such submissions to Showtime through this site or otherwise including story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Showtime will not review any such submissions. While we appreciate your comments, Showtime cannot make a guarantee that it will respond to your messages. Notwithstanding the foregoing, if you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
Linked Sites
Showtime is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. Showtime does not endorse any of the content that resides on any Linked Site(s).
Disclaimers And Limitations On Liability
Showtime is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the Material contained on this site. This site and all Material contained on it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. Showtime is not responsible for any special, indirect, incidental, or consequential damages that may result from the use of, or the inability to use, the Material contained on this site whether the Material is provided or otherwise supplied by Showtime or anyone else. Notwithstanding the foregoing, in no event shall Showtime's total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by you, if any, for accessing this site.
User Generated Content
(1) Users of this site are solely responsible for any content that they may submit and any consequences that are a result of submitting such content. No content may infringe on the rights of another person or entity. Content submitted by any user does not necessarily reflect the viewpoints, opinions or policies of Showtime. We do not endorse any such content and we make no warranties, express or implied, as to the content or to the accuracy and reliability of any material or information that you post on, submit to the site or transmit to other users. We are not obligated to monitor, screen, or edit your content, although we reserve the right to do so, nor shall we be liable for any content that is in violation of this Agreement. In no event shall the site have or be construed to have any responsibility or liability for or in connection with any content whatsoever; however, if we determine, in our sole discretion and judgment, that any such content does or may violate any of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law or in equity, to: (i) refuse to allow you to submit, publish, display or upload any content; (ii) remove and delete content; (iii) revoke your right to use this site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses.
(2) The amount of storage space on this site per user is limited. Some content submitted by users may not be processed due to space constraints, or inbound or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of any content or any failure to store, receive or deliver such content in a timely manner or any other matter relating to content submitted by you.
(3) Showtime does not claim any ownership rights in content submitted, sent, published, displayed or uploaded by users of the site. By submitting, sending, publishing, displaying, or uploading any such content to the site, you automatically grant, and you represent and warrant that you have the right to grant to Showtime an irrevocable, perpetual, non-exclusive, non-compensable (meaning that we are not required to and will not pay you or provide any other form of compensation for any use, display or distribution of your content), worldwide license to use, copy, perform, display, and distribute such content and to prepare derivative works of, or incorporate such content into other works, and to grant and authorize sublicenses of the foregoing. As a user of the site, you hereby agree that:
(i) you are placing the content in a public area or submitting content to the site without further control over the content or its use on the site and you specifically authorize us to use such content, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;
(ii) you represent and warrant that (A) the content is original to you or fully cleared for use as contemplated herein, (B) the content does and will not, in any way, violate or breach any of these Terms of Use, (C) the content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright (including without limitation any music right) or other right of any person or entity, or contain any matter the publication or sale of which will violate any foreign, federal or state statute or regulation, (D) the content is not obscene or in any other manner unlawful, (E) the content shall not be injurious to the health of any user, and (F) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the content;
(iii) if your content incorporates the name of a person, you specifically represent and warrant that you have obtained such person's consent to use her/his name in such content;
(iv) if your content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to do so and to place such content in public areas and grant Showtime the right to use such content as described above; and
(v) we have the right to delete, edit, re-format, alter and/or change your content in any manner that we may deem appropriate to comply with any applicable law, regulation and/or these Terms of Use.
(4) You understand, acknowledge, and agree to defend, indemnify, and hold harmless Showtime, its parent company(s), corporate affiliates, successors and assigns, advertisers, suppliers, and operational service providers and their respective officers, directors, shareholders, employees, representatives and agents, from and against any claims, actions, costs, expenses, damages (including direct, indirect, incidental, special, compensatory, punitive, exemplary or consequential) or demands, including, without limitation, all reasonable legal and accounting fees, resulting from any content you submit, post to, download from or transmit through this site, your use of the site, your violation of these Terms of Use, your violation of any rights of another person, or otherwise arising out of your use of this site in any manner. We will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with Showtime in asserting any available defenses.
(5) On notice, we will act expeditiously to remove content on this site that infringes the copyright rights of others and will disable the access to this site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
If you believe that this site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): Showtime Networks Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Sharon Whitt
Full Address of Designated Agent to Which Notification Should be Sent: 1633 Broadway, New York, NY 10019, USA
Telephone Number of Designated Agent: (212) 708-1600
Facsimile Number of Designated Agent: (212) 708-1391
Email Address of Designated Agent: dmcaclaims@showtime.net
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(i) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work (or works) that you claim has been infringed;
(iii) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(iv) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(v) Your name, address, telephone number, and e-mail address;
(vi) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Prohibited Content and Conduct
The following content and conduct is prohibited to post on or through the site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use, including without limitation, removing the offending content of a user from the site, terminating the registration of such violator, and reporting any activity or conduct to law enforcement. Prohibited content and/or conduct includes without limitation content and/or conduct that:
a. Is patently offensive and/or promotes racism, bigotry, homophobia, sexism, misogyny, hatred or physical harm of any kind against any group or individual;
b. Involves criminal, tortious and/or objectionable activity, including child pornography, fraud, trafficking in obscene or indecent material, drug dealing, gambling, stalking, harassment or advocates harassment of another person;
c. Exploits people in a sexual or violent manner;
d. Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. Solicits passwords or personal information for commercial or unlawful purposes from other users;
f. Provides any telephone numbers, street addresses, last names, URLs or email addresses;
g. Provides information that you know is false or misleading (including false reports to Showtime customer service) or provides illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or otherwise inappropriate (including improper use of customer service or complaint buttons;
h. Provides an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection measures, or providing pirated music or video or links to pirated music or video files;
i. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," "spimming," or "phishing";
j. Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
k. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy or publicity, or providing or creating computer viruses;
l. Involves commercial activities and/or sales without prior written consent from Showtime, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
m. Includes a photograph, likeness, depiction, name or other identifying feature of another person that you have posted without that person's consent; or
n. Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic; and
o. Uses the site in a manner inconsistent with any and all applicable laws and regulations.
Other
This site is controlled and operated by Showtime from its offices in the State of New York, United States of America. Showtime makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations contrary to our policy that only U.S. residents are eligible to use the site do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of laws rules and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable . Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the State or Federal Courts located in New York City, New York. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Updated: August 12, 2010