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 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 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 thereto to Entertainment. 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.
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.
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 or any other Entertainment Oxygen 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 from its offices in the State of California. Your use of or access to the App should not be construed as Entertainment’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.
We may collect personal information from you when you voluntarily provide it to us through a number of features available on or through an Entertainment Oxygen App. For example, we may ask you to provide personal information if you:
In addition, if you otherwise request any information, service or other offering from us, you may be required to provide your contact or other information in order for us to process your request.
Your participation in any of these activities is voluntary and we will only use the personal information that you provide for the purposes for which it was collected. For example, we may use the personal information you provide to: (i) respond to your questions or comments; (ii) fulfill your requests; (iii) provide service(s) and/or products to you; (iv) identify your needs and/or preferences; (v) administer and manage our business operations; or (vi) otherwise provide or improve our products and/or services.
You will always have the opportunity to “unsubscribe” from receiving e-mail or other communications at any time.
If you contact one of our consumer service representatives through an Entertainment Oxygen App, we may ask you for personal information such as your name, address, phone number, or e-mail address so that we can respond to your questions or comments.
Sometimes we use cookie technology, web beacons and other similar devices on Entertainment Oxygen Apps to enhance functionality and navigation for our visitors and portions of Entertainment Oxygen Apps may use statistical tools that may be operated by third party providers (collectively, “Analytical Tools“) such as Google Inc. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of Entertainment Oxygen Apps that you visit; and (iv) other Apps you may have visited before visiting an Entertainment Oxygen App. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may be unable to access some customized features on Entertainment Oxygen Apps. Cookies do not collect or contain your personal information.
Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on Entertainment Oxygen Apps to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize and improve your experience with Entertainment Oxygen Apps. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Like cookies, web beacons do not collect or contain your personal information.
In the case of Analytical Tools, the information generated by the cookies and/or web beacons about your use of Entertainment Oxygen Apps (including your IP address) may be transmitted to and stored on servers located outside of the United States of America, by the applicable third party provider of an Analytical Tool. This information will be used for the purpose of evaluating your use of Entertainment Oxygen Apps, compiling reports on Entertainment Oxygen Apps’ activity and providing other services relating to Entertainment Oxygen Apps activity and Internet usage. The third-party providers of Analytical Tools may also transfer this information to other third parties where they are required to do so by law, or where such third parties process the information on their behalf.
By using an Entertainment Oxygen App, you consent to the processing of data about you by third party providers of Analytical Tools used in connection with such Entertainment Oxygen App in the manner and for the purposes set out above.
Except as described below, we do not sell, transfer or otherwise disclose to third parties the personal information that we collect on Entertainment Oxygen Apps. At times, we provide your personal information to third parties who provide services on our behalf. These entities may use the information solely in conjunction with the specific services they provide for us (e.g. responding to your questions or comments or investigation of a complaint).
Entertainment Oxygen Apps may contain links to other Apps operated by third parties. Any such Apps are wholly independent from our Apps, and we have no control over those Apps, their operators, their security, their privacy policies or their practices. Before providing any of your personal information on any such other App, you should review the policies on privacy and security for such App.
If you use social media and/or other interactive features that may be available on an Entertainment Oxygen App (e.g. Facebook or Twitter feeds, comment sections, chat rooms, etc.), you should know that when you voluntarily disclose your personal information using social media features or in interactive areas that may be available on Entertainment Oxygen Apps where personal information can be posted, the information can be collected and used by other Internet users. This may result in unsolicited messages from other posters or parties. We undertake no obligations as to the security of information you voluntarily post using social media features or in interactive areas that may be available on Entertainment Oxygen Apps.
We are committed to protecting the privacy of children and we do not knowingly solicit personal information from children under the age of 13. If a child has already provided us with personal information, his or her parent or guardian may contact us to have this information deleted.
Entertainment Oxygen Apps are intended for the use by residents of the United States of America only. All matters relating to Entertainment Oxygen Apps are governed by the laws of the State of California and the federal laws of the United States of America applicable therein. If you are located outside of the United States of America, and you contact us, please be advised that any personal information you provide to us may be transferred to other jurisdictions where our servers are located and that by submitting information, you explicitly authorize its transfer.
The security of your personal information is important to us. We use AWS cloud to save all the data.We maintain commercially reasonable administrative, technical and physical safeguards (varying depending on the sensitivity of such information) designed to protect against unauthorized use, disclosure or access of the personal information we collect on or through Entertainment Oxygen Apps. Unfortunately, no data transmission over the Internet can be guaranteed to be fully secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant in any way the security of any information you provide to us.
Please contact us either by e-mail: firstname.lastname@example.org or by mail at:
Entertainment Oxygen, LLC
Attention: General Counsel