Welcome to the FUEL TV network web site at http://www.Fuel.tv ("Site") which is owned by Fuel TV, Inc. ("Fuel TV"). This Site is operated by Fuel TV and materials on the Site are primarily owned by Fuel TV. The Site is also a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered on the Site include the Site’s Internet messaging service, and any other features, content, or applications offered from time to time by Fuel TV in connection with the Site (collectively, the "Site Services"). The Site Services are hosted in the U.S.
Fuel TV may modify this Agreement from time to time and such modification shall be effective upon posting by Fuel TV on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Fuel TV reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. Fuel TV expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Site Services if Fuel TV determines, in its sole discretion, that you pose a threat to Fuel TV and/or its Users.
Without this license, Fuel TV would be unable to provide the Site Services. For example, without the right to modify User Content, Fuel TV would not be able to digitally compress music files that Members submit or otherwise format User Content to satisfy technical requirements, and without the right to publicly perform User Content, Fuel TV could not allow Users to listen to music posted by Members. The license you grant to Fuel TV is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Fuel TV), fully-paid and royalty-free (meaning that Fuel TV is not required to pay you for the use on the Site Services of the User Content that you post), sublicensable (so that Fuel TV is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Site Services), and worldwide (because the Internet and the Site Services are global in reach). This license will terminate at the time you remove your User Content from the Site Services. The license does not grant Fuel TV the right to sell your User Content.
Content/Activity Prohibited. Please choose carefully the information you post on the Site and that you provide to other Users. Your Site profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Site Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fuel TV assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please contact firstname.lastname@example.org or click on the "Report Inappropriate Content" link at the bottom of any Site page. E-mails or information sent to email@example.com for purposes other than communication about misuse of the Site Services or inappropriate/prohibited Content or activities on the Site Services may not be acknowledged or responded to.
The following is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. Fuel TV reserves the right to investigate and take appropriate legal action against anyone who, in Fuel TV's sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Fuel TV:
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Fuel TV reserves the right to investigate and take appropriate legal action against anyone who, in Fuel TV's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Copyright Infringement. If you believe that any material contained in this Site, or any material or activity contained on a site to which Fuel TV, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify Fuel TV of your copyright infringement claim in accordance with the following procedure set forth below.
Fuel TV will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Fuel TV, Inc.
Subject Line: Fuel TV DMCA
Telephone: (310) 369-7069
Fax: (310) 969-5660
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):
E-mails sent to FUELTV.DMCA@fox.com without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. Fuel TV has a policy of terminating repeat infringers in appropriate circumstances.
Unsolicited Submissions. Fuel TV does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Fuel TV's policy is to simply delete any such submission without reading it or forwarding it to other Fuel TV staff. Therefore, any similarity between an unsolicited submission and any elements in any Fuel TV creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Fuel TV via this Site, however, such submissions become the property of Fuel TV and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Fuel TV sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Fuel TV, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Employment Opportunities. Fuel TV may, from time to time, post Fuel TV employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Fuel TV in response to employment listings, you are authorizing Fuel TV to utilize this information for all lawful and legitimate hiring and employment purposes. Fuel TV also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by Fuel TV to contact, interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that Fuel TV will review any or all of the information submitted to it by Users of the Site.,
Member Disputes. You are solely responsible for your interactions with other Fuel TV Members. Fuel TV reserves the right, but has no obligation, to monitor disputes between you and other Members.
Limitation on Liability. IN NO EVENT SHALL FUEL TV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FUEL TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUEL TV'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUEL TV FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the Site Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding..
Indemnity. You agree to indemnify and hold Fuel TV, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes Fuel TV to be liable to another.
Other. This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fuel TV regarding the use of the Site Services. The failure of Fuel TV to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Fuel TV is a trademark of Fuel TV, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Copyrights © / Trademarks (TM). ©2003-2010 Fuel TV, Inc. All Fuel TV related trademarks are owned by 20th Century Fox and its related entities or are used under license. All rights reserved. All Fuel TV Content contained in the Site Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited except as may otherwise be allowed for in this Agreement.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.