Material License Agreement
Terms of Use:
This website is operated by, or on behalf of Cooking With Nonna (“CWN”) by BaciTV, LLC, to users in the United States. CWN is committed to providing information and activities relating to Rossella Rago on the CookingWithNonna.com website (the “Site”). Our content may include recipes, games, music, photos, video and interactive communications with our users. While we encourage the interactive nature of our website, we strive to promote online safety. All materials sent to us either electronically or via regular mail will be reviewed prior to posting on this site. Moreover, we will not post any materials submitted unless the user sending us such materials has indicated his/her acceptance of our Material License Agreement. A user can request their materials be removed from the website at any time by contacting us here.
Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between CWN and you regarding your use of this site and supersedes any prior statements or representations. The site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.
Access, distribution and/or use of to this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on the CWN Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site.
Use of Materials:
All material on this Site, including but not limited to software, images, music, text, “applets,” logos and trademarks, along with the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by CWN, or used with permission of the owner(s) of such Material.
Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this site or of any of the Material, in whole or part, without the express permission of CWN, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or of the Material contained hereon without the express written permission of CWN. Any unauthorized use of this Site and/or the Material contained hereon may subject the user to criminal prosecution and/or civil liability under applicable law.
Privacy:
Please see CWN’s Privacy Policy for information concerning the collection and use of Personal Consumer Information from this site.
Links:
From time to time, the CookingWithNonna.com website may contain links to other websites that are not controlled and/or maintained by CWN. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of CWN and/or may provide their users with less security than the CookingWithNonna.com website. By providing such links, CWN shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. CWN is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
User Submitted Content:
On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works), photographs, recipes or other materials (“User Content”). With any submission of User Content to this site, you must read and agree to CWN’s [Material License Agreement] which will be displayed whenever you seek to upload any materials. You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that CWN has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions.
With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, CWN and all other users of this Site a world-wide, non-exclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotion of CWN. Without limiting the foregoing, such license permits CWN to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any CWN authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant CWN the right to use your User Content, likeness, biographical information, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting CWN, its products and/or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated herein; (iv) you will be responsible for all User Content submitted through your email access, and for all purposes under these Terms and Conditions, all submissions from your account shall be deemed to have been submitted by you; and (v) you are 18 or older.
CWN has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, CWN reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; (ii) revoke any user’s right to use this Site. CWN is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, CWN may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.
Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of CWN, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk email, unsolicited mass emailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.
CWN may, at no cost or expense to you, process your Material for playback over the Internet or direct playback on prepared files. CWN shall have and retain all right, title, and interest in and to the data resulting from such processing ("Digital Files"), including without limitation, encoding, compressing, formatting and processing of audio and video data. CWN agrees that its use of the Digital Files will be in accordance with this Agreement.
Promotions, Sweepstakes and Contests:
On occasion, CWN and/or certain of its advertisers, partners or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.
Copyright Infringement Policy:
CWN values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, §512, you may notify CWN at the following email address:
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In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow CWN to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable CWN to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
(vi) 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 the exclusive right that is allegedly being infringed.
Additional/Different Terms:
Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content only be made available to users of the site who consent to CWN’s sharing of their Personal Consumer Information with the sponsors of such Promotions and/or advertisers appearing on the such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Use Disclaimer:
CWN is not responsible for any damages or loss related to the use of this site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. CWN RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. CWN SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, CWN’s liability is limited to the greatest extent allowable under applicable law.
Transmitting and Downloading:
CWN is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
CWN does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
Your Responsibilities:
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
By using this Site, you agree that you will be responsible for maintaining the confidentiality of any password and account information you may provide, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
Indemnity:
You agree to indemnify, defend and hold harmless CWN, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify CWN shall survive beyond any term that these Terms and Conditions are in effect.
Electronic Communications:
When you communicate with CWN electronically, via email or otherwise, you consent to receive electronic communications from CWN. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by CWN satisfy any legal requirement that such communication be in writing.
Changes in Policy:
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.
These Terms and Conditions of Use were last updated on 11/23/10 and are effective immediately.
Acquisition of Business:
In the event that CWN is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this site and all of CWN’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, CWN will post a notice to such effect on this website.
Contact Us:
If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us here
Applicable Law/Dispute Procedures:
Use of this site and these Terms and Conditions shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute concerning your use of this site shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, CWN may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that CWN believes that there is a violation or threatened violation of any intellectual property rights of CWN or of any third party, and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any portion of these Terms and Conditions are deemed to be invalid, prohibited or unenforceable in any jurisdiction for any reason unless narrowed by construction, such term or condition shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable term or condition had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such term or condition enforceable in such jurisdiction, and such term or condition shall then be applicable in such modified form). If, notwithstanding the foregoing, any such term or condition would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such term or condition, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining Terms and Conditions. No narrowed construction, court-modification or invalidation of any term or condition shall affect the construction, validity or enforceability of such term or condition in any other jurisdiction.
No waiver by CWN of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and CWN’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
TM and Copyright 2008-10 Cooking With Nonna/BaciTV LLC. All rights reserved.
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Ciao!!! Have you registered on the new website yet? If not maybe you should register right now... there are many benefits that you will receive:
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But more importantly, you become part of the Cooking with Nonna Family and you can grow with us. So why don't you Register right now... it is simple and FREE: REGISTER. Tanti Baci, Rossella (Please note that as part of the registration process you will receive a confirmation email with a confirmation link to confirm that we have your correct email address. Please check that at times this email lands in your SPAM box (This is particularly true for AOL and Hotmail users). Please look for it so that you can complete the registration process) |
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Technical Support
The Cooking With Nonna Website is optimized to work with Internet Explorer Version 7 and Above and Firefox Version 3 and Above. If you are having difficulties viewing any features of the site, we suggest that you upgrade your browser following the instructions below.
Internet Explorer Users:
PC users using Internet Explorer, if possible, should upgrade to Internet Explorer 8. At the very least however, you should install the latest version of the Adobe Flash Player.
MAC Users:
MAC users that are having problems viewing the videos on Nonna TV, if possible, you should install the latest version of Safari (Safari 4) as well as the latest version of the Adobe Flash Player.
Terms of Use
Effective Date: May 1, 2009
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. eWay group, Inc. ("Company" or "we," "our," or "us") owns or controls, and provides access to, CookingWithNonna.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through rachaelrayshow.com and that link to these TOU (collectively, "Web Site"). THESE TOU GOVERN YOUR USE OF THE WEB SITE. These TOU only apply to the Web Site, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these TOU by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE.
Table of Contents
• 1. Acceptance of Terms
• 2. Description of Web Site Services
• 3. Intellectual Property Ownership; License
• 4. Links To Other Web Sites
• 5. Our Linking Policy
• 6. Acceptable Use
• 7. User Accounts, Additional Terms & End User License Agreements
• 8. Promotions
• 9. Software
• 10. Copyrights & Copyright Agents
• 11. Third Party Content and Information
• 12. Information You Submit
• 13. Disclaimer of Warranties
• 14. Disclaimers/Limitation of Liability
• 15. Indemnity
• 16. Governing Law
• 17. Jurisdiction & Venue
• 18. Miscellaneous
• 19. Termination
1. Acceptance of Terms
Your use of the Web Site is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Site constitutes your acceptance of these TOU.
2. Description of Web Site Services
The Web Site currently provides or will provide in the near future its users with access to a rich collection of online resources, including, without limitation, various communications tools, online forums, shopping services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Company and/or the Web Site. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
3. Intellectual Property Ownership; License
The past, present and future Web Site content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including without limitation, the "look and feel" of the Web Site (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Site.
Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site's software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site creates to generate its web pages; or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.
4. Links To Other Web Sites
The Web Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Web Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Site. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Site is only providing these links to you as a convenience.
5. Our Linking Policy
Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Site; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion.
6. Acceptable Use
You will not use the Web Site to:
• 1. Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Site; (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; (vi) any material that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (vii) otherwise make available any material that exploits or harms any individual, corporation or other entity;
• 2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• 3. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• 4. Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
• 5. Use or attempt to use another's information, account, password, service or system except as expressly permitted; or
• 6. Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
7. User Accounts, Additional Terms, and End User License Agreements
Registration may be required for the use of certain portions of the Web Site (e.g., e-mail newsletters, fantasy, games, sweepstakes, contests, specialized content downloads, retail sales, wireless alerts, etc.). In some instances, these TOU and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Site. To the extent there is a conflict between these TOU and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Web Site using your name, user name or password in whole or in part.
8. Promotions
The Web Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
9. Software
Any software that we make available for download or use from the Web Site and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and Paragraph 7 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
10. Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
