You are currently using web pages and Internet services (the “Services”) on tvguide.com (the “TV Guide Website”) provided by TV Guide Online, Inc. ("TV Guide"). These Terms of Use set out the legally binding terms for your use of the TV Guide Website and the Services. TV Guide may modify these Terms of Use from time to time and such modifications shall be effective upon posting on the TV Guide Website. You agree to be bound by any changes to these Terms of Use after any such modification is posted. Your use of the TV Guide Website and the Services includes these Terms of Use and
TV Guide's Privacy Policy (this "Agreement"). Some services available on the TV Guide Website may be subject to additional terms which are posted on the TV Guide Website, and are incorporated by reference into these Terms of Use. In the event of any inconsistency between these Terms of Use and additional posted conditions, the provisions of the additional posted conditions shall control. TV Guide reserves the right, in its sole discretion, with or without prior notice and without liability, to discontinue any aspect of the Services and/or to suspend or terminate your access to all or any part of the TV Guide Website or any services available on the TV Guide Website at any time, for any or no reason. These Terms of Use apply to all users, including users who may post video or other content on the TV Guide Website. You should be aware that the TV Guide Website may contain links to third party websites that are neither owned nor controlled by TV Guide.
Many leading companies have asked TV Guide to provide their consumers with television related Internet services (our “Colleagues”). Our Colleagues’ websites may have links to the TV Guide Website and you may have entered the TV Guide Website through one of our Colleague’s sites. Please be aware that these Terms and Conditions apply only to the Services that TV Guide is rendering to you and these Terms of Use do not apply to any other element of our Colleagues’ sites.
TV Guide may allow TV Guide Website users to submit videos and/or other materials for publication on the TV Guide Website (collectively, "User Submissions"). You are responsible for the content of your own User Submissions and with respect to each User Submission, you represent and warrant that: (1) you own or have the necessary rights and/or permissions to use, and to authorize TV Guide to use, any and all elements of the User Submission (including, but not limited to, patent, trademark, trade secret, copyright and other proprietary rights) in the manner contemplated by the TV Guide Website and in accordance with these Terms of Use; and (2) you have the written release and/or permission from each person depicted in the User Submission to use his or her name or likeness of in the manner contemplated by the TV Guide Website and these Terms of Use. You further grant each TV Guide Website user a non-exclusive license to access your User Submissions through the TV Guide Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with these Terms of Use.
If you are on posting user submissions on one of our Colleague’s site please be aware that such postings will be governed by the terms of use or other policies posted on the Colleague’s site.
You represent and warrant that no User Submission you submit or post on the TV Guide Website will contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to TV Guide the rights granted by you herein. You further represent and warrant that no User Submission you submit or post on the TV Guide Website will contain defamatory material, violate any law or be otherwise inappropriate.
The TV Guide Website includes an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the TV Guide Website, provided that you include a prominent link back to the TV Guide Website on the pages containing the Embeddable Player.
TV Guide does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users of the TV Guide Website. Nor does TV Guide or any of its third party service providers or Colleagues make any warranties with respect to any comments, opinions or statements posted by users of the TV Guide Website. Any information or material posted on the TV Guide Website by Users, including advice and opinions, are the views and responsibility of those individual users who post the statements and do not necessarily represent the views of TV Guide or any of its third party service providers.
Click here to review our Community User Agreement.You may not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owners of such proprietary rights. TV Guide will remove User Submissions and/or other content published on the TV Guide Website if properly notified in accordance with the terms of our Copyright Policy that it infringes on a third party’s intellectual property rights. TV Guide reserves the right to remove content and User Submissions from the TV Guide Website without prior to notice. TV Guide also reserves the right to decide whether a User Submission is appropriate for publication on TV Guide Website and complies with these Terms of Use. If you believe that your work has been copied and is accessible on the TV Guide Website in a way that constitutes copyright infringement, or that the TV Guide Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, please see our
Copyright Policy.
In order for the TV Guide Website to be enjoyable for all users, you agree that you will not use the TV Guide Website or the Services for any inappropriate, improper or illegal purpose. In addition, you agree to use the bulletin board services, chat areas, news groups, communities and/or message or communication facilities available on the TV Guide Website only to post content and/or send and receive messages and material that is proper and related to that particular forum. If you choose a username that, in TV Guide's sole discretion, is inappropriate, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the TV Guide Website, deny you access to the TV Guide Website and the Services, or any combination of these options.
If you register on the TV Guide Website, you agree to provide us with accurate information. In order for us to provide you with our services, we ask that you update your information to keep it accurate and current. When you set up accounts or sign up for certain services offered on the TV Guide Website, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your accounts and password and you agree not to share your password with any third parties. You agree to immediately notify us if you suspect any unauthorized use of your password or accounts or any other breach of security. You are solely responsible for any and all use of your password and accounts.
The TV Guide Website is for the personal use of its users and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by the management of TV Guide. Illegal and/or unauthorized use of the TV Guide Website, including collecting names and/or email addresses of users of the TV Guide Website by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the TV Guide Website will be subject to investigation. Appropriate legal action will be taken by TV Guide for any illegal or unauthorized use of the TV Guide Website.
Except for User Submissions, TV Guide owns or licenses all rights in and to the TV Guide Website, including all of the content and services offered. The TV Guide Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound. TV Guide owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in all content original to it. Each third party content provider owns the copyright in content original to it. You agree that you will not circumvent, disable or otherwise interfere with security related features of the TV Guide Website or features that prevent or restrict use or copying of any content on the TV Guide Website. Except for that information which is in the public domain or for which you have been given written permission by TV Guide or the copyright owner, you may not copy, modify, publish, transmit, distribute, perform, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the TV Guide Website or any portion thereof.
TV Guide is committed to protecting your privacy. Please see our Privacy Policy for details.
TV Guide is not responsible for any incorrect or inaccurate content posted on the TV Guide Website or in connection with the services provided, whether posted by users of the TV Guide Website in a User Submission or otherwise, or by any of the equipment or programming associated with, or utilized in, the TV Guide Website and/or the services provided. TV Guide is not responsible for the conduct, whether online or offline, of any user of the TV Guide Website and/or services provided. TV Guide 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 communication. TV Guide is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the Internet or the TV Guide Website or any combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with the TV Guide Website and/or the services. Under no circumstances shall TV Guide be responsible for any loss or damage, including personal injury or death, resulting from use of the TV Guide Website or the services or from any content posted on the TV Guide Website or transmitted to users of the TV Guide Website, including, but not limited to, content contained within User Submissions, or any interactions between users of the TV Guide Website and/or the services provided, whether online or offline. The TV Guide Website and the services are provided "AS-IS" and TV Guide expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TV Guide cannot guarantee and does not promise any specific results from use of the TV Guide Website and/or the services.
IN NO EVENT SHALL TV GUIDE 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 TV GUIDE WEBSITE OR THE SERVICES, EVEN IF TV GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TV GUIDE'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TV GUIDE FOR PARTICIPATION ON THE TV GUIDE WEBSITE AND/OR USE OF THE SERVICES.
TV Guide provides its services internationally, and, therefore, the TV Guide Website may contain references or cross references to TV Guide products and services that are not readily available in your country. Such references do not imply that TV Guide intends to market or offer such products or services in your country.
The TV Guide Website contains links to third party websites, resources and advertisers. TV Guide is not responsible for the availability of these external websites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such websites. Your use of third party websites is subject to the terms of use and privacy policies that govern those sites. Under no circumstances shall TV Guide be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a TV Guide Website visitor or Community member in connection with such websites.
You hereby grant to TV Guide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any User Submission and/or message you post on the TV Guide Website and/or any email sent by you to TV Guide and/or to incorporate it in other works in any form, media or technology now known or later developed.
TV Guide makes no representation that the content on the TV Guide Website is appropriate, available or legal in any particular location. Those who choose to access the TV Guide Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, NY. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
You agree to indemnify and hold TV Guide, its subsidiaries, affiliates, officers, agents, and other partners, employees and service providers, 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 TV Guide Website and/or the Services, including, but not limited to, content incorporated in a User Submission you post, or the 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.
This Agreement is accepted upon your use of the TV Guide Website and/or the Services. The failure of TV Guide to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision. Please contact us with any questions regarding this Agreement at
Customer Service. TV Guide Online is covered under one or more of the following United States patents 6,498,895; 6,850,693; 6,396,546; 5,988,078; 6,388,714; 6,373,528 to Gemstar-TV Guide International, Inc. and/or its subsidiaries.
©TV Guide Online, Inc. 2008. All rights reserved.
