Terms and conditions
(Last Modified December 15, 2009)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The Storyboard TV web site, storyboardtv.com, (the "Web Site" or "storyboardtv.com") is provided by Storyboard TV LLC ("Storyboard") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto ("Terms and Conditions") and the rules that may be published from time to time by Storyboard. By using this site, you agree to these Terms and Conditions. Storyboard may change the Terms and Conditions from time to time and at any time without actual notice to you. All such changes to these Terms and Conditions will appear on storyboardtv.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, you may not use this site.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Web Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form, and any registration form. If any information provided by you is untrue, inaccurate, not current, or incomplete, Storyboard reserves the right to terminate your account and refuse any and all current or future use of the Services. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use storyboard.com only with permission of a parent or guardian.
Without limitation of the foregoing, you agree not to use the Web Site or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "Stalk" another;
- Hijack the conversation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Storyboard employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post comments under different names in the same thread;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, promotional links, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users' ability to use the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect, or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Storyboard is not responsible for material submitted to Storyboard or posted to the Web Site by users. Storyboard does not pre-screen, monitor, review or edit the Content posted by users. However, Storyboard and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or in part, that, in Storyboard’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Storyboard is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Storyboard. You agree to immediately notify Storyboard of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Storyboard may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Storyboard, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Storyboard assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Storyboard.
Any or all Content on the Web Site may be purged periodically in Storyboard’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Storyboard or submitted to Storyboard, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of Storyboard, and Storyboard does not support or endorse Content (including any Contribution, whether or not edited by Storyboard or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
License and Site Access
Storyboard grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Storyboard. You may not use any meta tags or any other "hidden text" utilizing Storyboard’s name or trademarks. Any unauthorized use terminates the permission or license granted by Storyboard. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of storyboardtv.com so long as the link does not portray Storyboard in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Storyboard logo or other proprietary graphic or trademark as part of the link without express written permission.
Communications Made to Third Parties by Means of the Website
You acknowledge that any communications sent by you to third parties by means of the Website, whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge. Storyboard reserves the right to use such communication for any purpose.
Reviews, Comments, Communications, and Other Content
If you do post content or submit material, and unless we indicate otherwise, you grant Storyboard a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Storyboard and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Storyboard for all claims resulting from content you supply. Storyboard has the right but not the obligation to monitor and edit or remove any activity or content. Storyboard takes no responsibility and assumes no liability for any content posted by you or any third party.
You may be able to link to third parties' Web Sites ("Linked Sites") from the Storyboard Web Site. Linked Sites are not, however, reviewed, controlled, or examined by Storyboard in any way and Storyboard is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Storyboard endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Storyboard be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Storyboard reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or to introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Consent to Receive Email from Storyboard
When you visit storyboardtv.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By becoming a registered user of Storyboard, you consent to receive certain email communications from Storyboard sent your address on file with Storyboard. If you would like to stop receiving Storyboard’s communications, you should click on the opt-out link contained in any of the email communications.
From time to time, Storyboard may offer as part of the Services, either on or through the Web Site, competitions (“Competitions”). To participate in Competitions, players may be required to complete an entry form. Upon submission, all registrations become the exclusive property of Storyboard. Entered users (each, an "Entered User") must agree to the Official Rules applicable to the particular Competition. Storyboard, at its sole discretion, may suspend or revoke the registration of any Entered User.
Entered Users agree to release Storyboard and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Competition located on, or accessed through, the Web Site. Storyboard is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Entered User's ability to participate in any Competition.
Each Entered User agrees to be bound by the rules of any Competition and by the rules of fair play and consideration of fellow Entered Users. An Entered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Competition is conducted, are subject to immediate disqualification and revocation of their registration. Storyboard is under no obligation to award any prize to any Entered User who violates a published rule or guideline.
Some Competitions may offer prizes to Entered Users. All prizes are subject to the official game or contest rules published with that Competition.
Storyboard reserves the right to cancel, terminate or alter any Competition or the rules thereof at any time without prior notification.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Storyboard or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Storyboard and protected by U.S. and international copyright laws. All software used on this site is the property of Storyboard or its software suppliers and protected by United States and international copyright laws. Unless otherwise agreed, as between Storyboard and you, Storyboard is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. You are free to copy, distribute and transmit materials appearing on the Web Site under the following conditions:
- You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- You may not alter, transform, or build upon the work.
- You may not use the work for commercial purposes.
- For any reuse or distribution of any material appearing on the Web Site, you must make clear to others the license terms of the work in question. The best way to do this is with an obvious and visible link to the page on storyboardtv.com on which the work originally appeared.
Any of the above conditions can be waived via written permission from Storyboard or the appropriate copyright holder. Nothing in this license impairs or restricts the author's moral rights. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site is not intended for children. Some of the information available may concern topics not appropriate for children. Storyboard may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Storyboard may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, STORYBOARD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. STORYBOARD DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
STORYBOARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT STORYBOARD OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL STORYBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (1) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF STORYBOARD OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (2) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STORYBOARD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Storyboard, you agree to defend, indemnify and hold Storyboard, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Storyboard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Storyboard in asserting any available defense.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the storyboardtv.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you believe has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
For all inquiries, or if you believe your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Storyboard or relating in any way to your use of the Web Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving Storyboard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to firstname.lastname@example.org.
Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Storyboard may transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at email@example.com.