BD-Live Terms of Use

BD-Live Terms of Use  

Twentieth Century Fox Home Entertainment LLC ("Fox" or "we") operates this BD-Live website, which is a service that allows Registered Users to communicate with other Registered Users and access certain information, and obtain additional content about Fox titles via Blu-ray Disc. The services offered by Fox include any URL (or web server) used by Fox in order to allow Users or Registered Users to access BD-Live content (the "Fox Website"), trailers, games and any other features, content, or applications offered from time to time by Fox in connection with FoxÕs business (collectively, the "Fox Services"). The Fox Services are hosted in the United States.

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the Fox Services. By using the Fox Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Fox Website, or otherwise use the Fox Services without being registered) or you are a "Registered User" (which means that you have registered with Fox). The term "User" refers to a Visitor or a Registered User. You are only authorized to use the Fox Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Fox Website and discontinue use of the Fox Services immediately. If you wish to become a Registered User, communicate with other Registered Users and/or make use of the Fox Services, you must read this Agreement and indicate your acceptance during the registration process. By acceptance of these terms, you agree that Fox may use information about your activities with Fox Services to determine what products, promotions and services are likely to be of interest to you.

This Agreement includes Fox's policy for acceptable use of the Fox Services and Content (as defined in Section 5.1 below) posted on or through the Fox Services and your rights, obligations and restrictions regarding your use of the Fox Services and Content posted on or through the Fox Services. In order to participate in certain Fox Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Fox. Unless otherwise provided by the additional terms and conditions applicable to the Fox Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Fox may modify this Agreement from time to time and such modification shall be effective upon posting by Fox on the Fox Website. Your continued use of the Fox Services after Fox posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the Fox Services and that you provide to other Registered Users. The information you post may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other Fox Registered Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Fox assumes no responsibility or liability for this material. If you become aware of misuse of the Fox Services by any person, please notify via abuse@foxbd-live.com

Fox reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Fox Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Fox expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the Fox Services if Fox determines, in its sole discretion, that you have violated this Agreement or pose a threat to Fox and/or its Users.

1. Eligibility. Use of the Fox Services and registration to be a Registered User for the Fox Services ("Membership") is void where prohibited. By using the Fox Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Fox Services does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Fox Services or are a Registered User. Once you become a Registered User, you will remain a Registered User until you terminate your Membership or until Fox terminates your Membership. You may terminate your Membership at any time, for any reason, by following the instructions on the Registered User's Account Settings page. Fox may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-16.

3. PIN Number. When you sign up to become a Registered User, you will also be asked to choose a personal identification number ("PIN"). You are entirely responsible for maintaining the confidentiality of your PIN. You agree not to use the account, username, or PIN of another Registered User at any time or to disclose your PIN to any third party. You agree to notify Fox immediately if you suspect any unauthorized use of your account or access to your PIN. You are solely responsible for any and all use of your account.

4. Use by Registered Users. The Fox Services are for the personal use of Registered Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Fox. Fox reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Fox Services, including collecting usernames, and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Fox Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Registered User profiles without notice or explanation and may result in termination of Membership privileges. Fox reserves the right to take appropriate legal action for any illegal or unauthorized use of the Fox Services.

5. Proprietary Rights in Content.

5.1 Fox does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Fox Services. After posting your Content to the Fox Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Fox Services, you hereby grant to Fox a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Fox Services, including without limitation distributing part or all of the Fox Website in any media formats and through any media channels. This limited license does not grant Fox the right to sell or otherwise distribute your Content outside of the Fox Services. After you remove your Content from the Fox Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

5.2 The license you grant to Fox is non-exclusive (meaning you are free to license your Content to anyone else in addition to Fox), fully-paid and royalty-free (meaning that Fox is not required to pay you for the use on the Fox Services of the Content that you post), sublicensable (so that Fox is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Fox Services), and worldwide (because the Internet and the Fox Services are global in reach).

5.3 You represent and warrant that: (i) you own the Content posted by you on or through the Fox Services or otherwise have the right to grant the license set forth in this Section 5, and (ii) the posting of your Content on or through the Fox Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Fox Services.

5.4 The Fox Services contain Content of Fox ("Fox Content"). Fox Content is protected by copyright, trademark, patent, trade secret and other laws, and Fox owns and retains all rights in the Fox Content and the Fox Services. Fox hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Fox Content (excluding any software code) solely for your personal use in connection with viewing the Fox Website and using the Fox Services.

5.5 The Fox Services contain Content of Users and other Fox licensors. Except as provided within this Agreement or as specifically provided in connection with a particular Fox service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Fox Services.

5.6 Fox performs technical functions necessary to offer the Fox Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Fox Services.

6. Content Posted.

6.1 Fox may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Fox violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Fox assumes no responsibility for monitoring the Fox Services for inappropriate Content or conduct. If at any time Fox chooses, in its sole discretion, to monitor the Fox Services, Fox nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

6.2 You are solely responsible for the Content that you post on or through any of the Fox Services, and any material or information that you transmit to other Registered Users and for your interactions with other Registered Users.

7. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Fox Services. Fox reserves the right to investigate and take appropriate legal action against anyone who, in Fox's sole discretion, violates this provision, including without limitation, removing the offending Content from the Fox Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Fox:

7.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.2 harasses or advocates harassment of another person;

7.3 exploits people in a sexual or violent manner;

7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

7.5 solicits personal information from anyone under 18;

7.6 publicly posts information that poses or creates a privacy or security risk to any person;

7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

providing pirated music or links to pirated music files; 7.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

7.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

viruses; 7.12 solicits PINs or personal identifying information for commercial or unlawful purposes from other Registered Users;

7.13 involves commercial activities and/or sales without prior written consent from Fox such as contests, sweepstakes, barter, advertising, or pyramid schemes;

7.14 includes a photograph or video of another person that you have posted without that person's consent;

7.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Fox Website and through your use of the Fox Services. Fox reserves the right to investigate and take appropriate legal action against anyone who, in Fox's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

7.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7.18 advertising to, or solicitation of, any Registered User to buy or sell any products or services through the unauthorized or impermissible use of the Fox Services. You may not transmit any chain letters or junk email to other Registered Users. In order to protect our Registered Users from such advertising or solicitation, Fox reserves the right to restrict the number of emails which a Registered User may send to other Registered Users in any 24-hour period to a number which Fox deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Fox Services, you acknowledge that you will have caused substantial harm to Fox, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fox $50 for each such unsolicited email or other unauthorized commercial communication you send through the Fox Services;

7.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Fox Services;

7.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

7.21 covering or obscuring the banner advertisements on Fox Websites, or any Fox page via HTML/CSS or any other means;

7.22 any automated use of the system, such as, but not limited to, using scripts to send comments or messages;

7.23 interfering with, disrupting, or creating an undue burden on the Fox Services or the networks or services connected to the Fox Services;

7.24 impersonating or attempting to impersonate another Registered User, person or entity;

7.25 using the account, username, or PIN of another Registered User at any time or disclosing your PIN to any third party or permitting any third party to access your account;

7.26 using any information obtained from the Fox Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

7.27 displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Fox Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose, or

7.28 using the Fox Services in a manner inconsistent with any and all applicable laws and regulations.

8. Protecting Copyrights and Other Intellectual Property. Fox respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Fox has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Fox Services in a way that constitutes copyright infringement, please send Fox's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Fox Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or unauthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Fox's Copyright Agent for notification of claimed infringement can be reached as follows: Twentieth Century Fox Home Entertainment LLC, 2121 Avenue of the Stars, Los Angeles, CA 90067, Attention: Mei-lan Stark. Fox's Copyright Agent for notification of claimed infringement can also be reached electronically by copyright@foxbd-live.com.

9. Registered User Disputes. You are solely responsible for your interactions with other Fox Registered Users. Fox reserves the right, but has no obligation, to become involved in any way with disputes between you and other Registered Users.

10. Privacy. Use of the Fox Services is also governed by our Privacy Policy which is incorporated into this Agreement by this reference.

11. Disclaimers. Fox is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Fox Services, whether caused by Users of the Fox Services or by any of the equipment or programming associated with or utilized in the Fox Services and such User Content does not necessarily reflect the opinions or policies of Fox. Third party applications created and posted by Registered Users on the Fox Website may contain links to other websites. Fox is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Fox. Inclusion of any linked website on the Fox Services does not imply approval or endorsement of the linked website by Fox. When you access these third party sites, you do so at your own risk. Fox takes no responsibility for third party advertisements or third party applications that are posted on or through the Fox Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fox is not responsible for the conduct, whether online or offline, of any User of the Fox Services. Fox assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered User communication. Fox is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Fox Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Fox Services. Under no circumstances shall Fox be responsible for any loss or damage, including personal injury or death, resulting from use of the Fox Services, attendance at a Fox event, from any User Content posted on or through the Fox Services, or from the conduct of any Users of the Fox Services, whether online or offline. The Fox Services are provided "AS-IS" and as available and Fox expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fox cannot guarantee and does not promise any specific results from use of the Fox Services.

12. Limitation on Liability. IN NO EVENT SHALL FOX 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 FOX SERVICES, EVEN IF FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOX'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 FOX FOR THE FOX SERVICES DURING THE TERM OF MEMBERSHIP.

12. Limitation on Liability. specific results from use of the Fox Services.12. Limitation on Liability. IN NO EVENT SHALL FOX 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 FOX SERVICES, EVEN IF FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOX'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 FOX FOR THE FOX SERVICES DURING THE TERM OF MEMBERSHIP.

13. U.S. Export Controls. Software available in connection with the Fox Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Fox Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Fox agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Fox Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

15. Indemnity. You agree to indemnify and hold Fox, 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 Fox 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 in this Agreement and/or if any Content that you post on or through the Fox Services causes Fox to be liable to another.

16. Other. This Agreement is accepted upon your use of the Fox Website or any of the Fox Services and is further affirmed by you becoming a Registered User. This Agreement constitutes the entire agreement between you and Fox regarding the use of the Fox Services. The failure of Fox 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. 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.

Please contact us at: tos@bd-live.com with any questions regarding this Agreement.