You may not “mirror” or otherwise copy any Materials contained on this App or accessible through this App without Entertainment Oxygen’s written permission.
Any rights not expressly granted herein to use the Materials are reserved by Entertainment Oxygen in full.
Entertainment Oxygen reserves the right, in its sole and absolute discretion, to terminate your access to this App, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.
When you upload or otherwise submit any information, materials or other content whatsoever to or through this App (“Submitted Content”), you represent and warrant that such Submitted Content: (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading; (ii) does not violate any intellectual property rights of any third party including, without limitation, third party copyrights, trademark rights or rights of publicity; (iii) does not otherwise violate Applicable Law; and/or (iv) does not otherwise contain any inaccurate or untruthful information.
By uploading or otherwise submitting Submitted Content to or through this App, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to Entertainment Oxygen a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of any Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on this App and Apps other than this App, including, without limitation on any social media, blog or similar App.
If you post, upload and/or submit any Submitted Content on this App, you will not: (i) harass, defame, intimidate or threaten another user of this App; (ii) interfere with the rights to privacy of any other user of this App; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vii) advertise or sell any goods or services.
If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. Your permission given herein is hereby acknowledged to constitute written consent under applicable law, either in the United States or throughout the World. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied. Further, you represent and warrant to Entertainment Oxygen (eoApp) that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by Entertainment Oxygen (eoApp) in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.
The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns. You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated there to Entertainment Oxygen. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO ENTERTAINMENT OXYGEN YOU MAY NOT SUBMIT ANY MATERIALS TO ENTERTAINMENT Oxygen (eoApp).
When accessing the App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
THIS APP, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS APP, IS PROVIDED “AS IS” AND “AS AVAILABLE.”TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ENTERTAINMENT OXYGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS APP OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS APP, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS APP OR ANY LINKED SITE. ENTERTAINMENT OXYGEN FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS APP IS COMPLETE, ACCURATE OR UP TO DATE. ENTERTAINMENT OXYGEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE REMAINING TERMS WILL GOVERN AND THE LIABILITY WILL BE BASED ON THE REMAINING TERMS.THEN ENTERTAINMENT’S TOTAL LIABILITY WILL BE THE LESSER OF: (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THIS APP IF RELATED THERETO; OR (II) ONE HUNDRED DOLLARS (US$100).
THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.
If you make any claim against Entertainment Oxygen (eoApp) or any other Entertainment Oxygen (eoApp) Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:
All contents of the App or Service are Copyrighted. All rights reserved.
The App is controlled and operated by Entertainment Oxygen (eoApp) from its offices in the State of California. Your use of or access to the App should not be construed as Entertainment Oxygen’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
NOTE: THE FOLLOWING ADDITIONAL PROVISION PERTAINS TO ANY INSTANCE WHEREIN THE COMPANY MAY MAKE CERTAIN SOFTWARE AVAILABLE TO THE USER FROM THE SITE:
Entertainment Oxygen may make certain software available to you from the App. If you download software from the App, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Entertainment, for your personal use only. Entertainment Oxygen does not transfer either the title or the intellectual property rights to the Software, and Entertainment Oxygen retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Entertainment Oxygen or its licensors and you may not copy or use them in any manner.
Please contact us either by e-mail:
or by mail at:
9171 Wilshire Blvd., Beverly Hills, CA 90210
Entertainment Oxygen, LLC
Attention: General Counsel