Go to Privacy Policy Last modified September 22, 2009
TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement")
for MTVFellowship.com ("Site," "we," "us,"
or "our"), an Internet website offered in cooperation or
connection with the MTV television channel or programming service
("MTV Channel"). The MTV Channel and the Site (together,
"MTV”) are provided by MTV Networks ("MTVN"), a
division of Viacom International Inc., (together with MTVN, the "Parent
Companies"). This Agreement governs only the content, features, and
activities related to this Site and does not cover websites for any other MTVN programming channel, MTVN’s “Jobhunt”
website, the Parent Companies and any subsidiaries and
affiliates of the Parent Companies (collectively, “Affiliates”), or any other company, unless specifically stated.
This
Site is offered and made available only to users 16 years of age or older who
reside in the United States of America, its
territories and possessions (“U.S.”) and certain features on this Site
(including, but not limited to, user registration and newsletter signups) may
be subject to heightened age and/or other eligibility requirements. If
you are not yet 16 years old or the required greater age for certain features,
do not reside in the U.S. and/or do not meet any other eligibility
requirements, please discontinue using the Site immediately or, if for any
reason, you do not agree with all of the terms and conditions contained in this
Agreement, please discontinue using the Site immediately, because by using or
attempting to use the Site, you certify that you are at least 16 years of age
or other required greater age for certain features and meet any other
eligibility and residency requirements of the Site.
These
terms and conditions regarding your use of the Site constitute a legally
binding agreement between you and the Site and the Parent Companies. In this
Agreement, the term "Site" includes all websites and web pages within
the Site as well as any equivalent, mirror, replacement, substitute or backup
websites and web pages that are associated with the Site. By using this Site,
you understand, acknowledge and agree that you will abide by the terms of this
Agreement and any additional terms that govern certain products and services,
which will be presented in conjunction with those products and services ("Additional
Terms"), including the User
Content Submission Agreement which
governs your submission of User Content as such term is defined therein.
The Site may also provide rules of participation ("Rules") for
certain activities and services including, but not limited to, contests and
sweepstakes, award programs, membership clubs, email, and dating services. The
Site's Additional Terms and the Privacy
Policy
and the Rules are hereby incorporated in this Agreement by reference. To the
extent that there is a conflict between this Agreement and Additional Terms for
the activity in which you choose to participate, the Additional Terms shall
govern. To the extent that there is a conflict between this Agreement and the
specific Rules for the activity in which you choose to participate, the Rules shall
govern. This Agreement will remain in full force and effect as long as you are
a user of the Site and in the event of termination of any membership, service
or feature, you will still be bound by your obligations under this Agreement,
the Privacy
Policy , any Additional Terms or
Rules, including any indemnifications, warranties and limitations of liability.
The
words "use" or "using" in this Agreement
means any time an individual (a "user"), directly or
indirectly, with or without the aid of a machine or device, does or attempts to
access, interact with use, display, view, print or copy from the Site,
transmit, receive or exchange data or communicate with the Site, or in any way
utilizes, benefits, takes advantage of or interacts with any function, service
or feature of the Site, for any purpose whatsoever. This Agreement does not
cover your rights or responsibilities with respect to third party content or
sites or any links that may direct your browser or your connection to third
party sites or pages. This is the entire and exclusive Agreement between you
and us regarding use of the Site and it cannot be modified, except as
specifically described below in Section 2.
1.
REGISTRATION
We
may require each user to have a unique user name and password combination in
order to access and use certain features or functions of the Site and may also,
from time to time, provide users with additional codes or passwords necessary
to access and use certain features or functions of the Site. Please read our Privacy
Policy, which describes the personally identifiable
information ("Personal Information") we collect, use,
disclose, manage and store. As part of the registration process for the feature
or function, you will choose a user name and password (or we may assign an
initial password which we will give you the option to change). Your user name
and password are personal to you and you may not allow any others to use your
user name or password under any circumstances. We are not liable for any harm
caused or related to the theft or misappropriation of your user name or
password, disclosure of your user name or password, or your authorization of
anyone else to use your user name or password. You agree to immediately notify
us if you become aware of or believe there is or may have been any unauthorized
use of (or activity using) your user name or password or any other need to
deactivate your user name or password due to security concerns.
2.
MODIFICATIONS
We
reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and/or e-mail you or notify you upon
login about these changes; the form of such notice is at our discretion. Once
we post them on the Site, these changes become effective immediately and if you
use the Site after they become effective it will signify your agreement to be
bound by the changes. You should check back frequently and review the terms and
conditions of this Agreement, including, but not limited to, the User Content
Submission Agreement, other Additional Terms, Rules and Privacy Policy,
regularly so you are aware of the most current rights and obligations that
apply to you and the terms and conditions of your agreement with us.
3.
OWNERSHIP OF INTELLECTUAL PROPERTY
The
contents of this Site, including all Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic
material, databases, proprietary information and all copyrightable or otherwise
legally protectible elements of the Site, including, without limitation, the
selection, sequence and 'look and feel' and arrangement of items, and all
trademarks, service marks and trade names (individually and/or collectively,
"Material"), are the property of the Parent Companies, and
their Affiliates, and any of their successors and assigns, and any of their
respective licensors, Advertisers (as defined below), suppliers, and
operational service providers and are legally protected, without limitation,
under U.S. Federal and State, as well as applicable foreign laws, regulations
and treaties. Unless the context clearly requires otherwise or we explicitly
say so in writing, the term "Site" includes "Material" as
well. The Site is to be used solely for your noncommercial, non-exclusive,
non-assignable, non-transferable and limited personal use and for no other
purposes. You must not alter, delete or conceal any copyright or other notices
contained on the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall not, nor will
you allow any third party (whether or not for your benefit) to reproduce,
modify, create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party (including, without
limitation, on or via a third party website), or otherwise use, any Material
without the express prior written consent of MTVN or its owner if MTVN is not
the owner. Any unauthorized or prohibited use of any Material may subject you
to civil liability, criminal prosecution, or both, under applicable federal,
state and local laws. We require users to respect our copyrights, trademarks,
and other intellectual property rights. We likewise respect the intellectual
property of others. On notice, we will act expeditiously to remove content on
the Site that infringes the copyright rights of others and will disable the
access to the Site and its services of anyone who uses them to repeatedly to
infringe the intellectual property rights of others.
We take
protection of copyrights, both our own and others, very seriously. We
therefore employ multiple measures to prevent copyright infringement over this
Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe
your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
4.
ADVERTISING
From
time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the "Advertisers")
such as our advertisers, sponsors, or promotional partners. as a result of your
use of the Site. All such communication, interaction and participation is
strictly and solely between you and such Advertisers and we shall not be
responsible or liable to you in any way in connection with these activities or
transactions (including, without limitation, any representations, warranties,
covenants, contracts or other terms or conditions that may exist between you
and the Advertiser or any goods or services you may purchase or obtain from any
Advertiser).
5.
RULES OF CONDUCT
Your
use of the Site is subject to all applicable local, state, national laws and
regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that occur in, from, through
or under your user name or password. You shall not use, allow, or enable others
to use the Site, or knowingly condone use of this Site by others, in any manner
that is, attempts to, or is likely to:
· be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
· affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
· send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
· be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
· transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
· forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
· violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
· modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
· collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. INTENTIONALLY LEFT BLANK
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL
OPPORTUNITIES
MTVN may provide users and viewers with the
opportunity to register for special promotions, services, news, programming and
information delivered via text messaging and other wireless devices such as
mobile phones. Users are required to provide their consent to receive such
information from MTVN, either by registering on this Site or via their wireless
device. Such services and promotional opportunities are provided by the Parent
Companies or Affiliates for MTVN. The information requested as part of the
online registration process is a user's telephone number or a wireless email
address, but only if specifically requested, and the carrier's name. Optional
information may be requested for specific promotions, such as a user's
preferences regarding goods or services, choices of music or artists, or other
similar survey information. Depending on the promotion, we may also collect an
Internet email address or other information and, depending on the information
collected, the user may also be required to confirm his or her agreement to this
Agreement and, including without limitation, the Privacy
Policy.
Users that register for MTVN 's wireless marketing
services acknowledge, understand and agree that they will be charged by the
user's wireless carrier for all messages sent to the user from MTVN. Standard
messaging rates will apply, unless noted otherwise. Under no circumstances
will MTVN, the Parent Companies or any Affiliates be responsible for any
wireless email or text messaging charges incurred by a user or by a person that
has access to a user's wireless device, telephone number, or email address.
A user understands, acknowledges and agrees that MTVN
may, at its sole discretion and without liability to any user, terminate its
offer of any specific wireless marketing service or all wireless marketing
services at any time without advance notice. MTVN may provide notice of
terminations or changes in services on this Site.
8. VIRAL FEATURES
There
may be portions of our Site, content, functionality or features (e.g.,
digital streaming media player(s)) ("Viral Features") that we
make available to users for your personal use. While we can obviously
change how, to whom and to what extent we make these Viral Features available
at any time without any notice and in our sole discretion, so long as they are
available to you, whenever you visit our Site or take advantage of any of these
Viral Features (whether you use these Viral Features on your own personal
or customized web pages, whether they are displayed or appear embedded or
housed within a web page or website of anyone else, whether a commercial
website or web page, an advertisement, promotional message or even a
personalized or customized web page of a friend or through any device that can
access any of these Viral Features) you agree not to download any content made
available as part of the Viral Features and acknowledge that such content is
available only for streaming viewing and, further, that you are bound by the
applicable provisions of this Agreement and our Privacy
Policy.
9. POSTINGS
Your comments, suggestions and information are
important to us. Portions of this Site may provide you and other users an
opportunity to participate in forum services, blogs, web communities and other
message and communication facilities (“Communities”) and may provide you
with the opportunity, through such Communities or otherwise, to submit, post,
display, transmit and/or exchange (a) information, ideas, opinions, messages or
other information (“Post” or “Postings”) and (b) User Content (as
defined in the User Content Submission
Agreement), your submission of which is also governed by
the terms and conditions therein, and considered a Posting for purposes of this
Agreement. You understand, acknowledge and agree that such Postings are the
sole responsibility of the person from which such Postings originated. This
means that you are solely and entirely responsible for the consequences of all
Postings that you upload, post, email, transmit or otherwise make available via
the Site. Postings do not reflect the views of the Site, MTVN, the Parent
Companies or the Affiliates. We reserve the right to monitor, edit or screen
any Postings. If we determine, in our sole discretion and judgment, that any
Posting does or may violate any of the terms of this Agreement, we reserve the
right, at any time and without limiting any and all other rights we may have
under this Agreement, at law or in equity, to: (a) refuse to allow you to Post;
(b) remove and delete Postings; (c) revoke your right to use the Site; and/or
(d) use any technological, legal, operational or other means available to us to
enforce the provisions of this Agreement, including, without limitation,
blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you
hereby agree that: (a) you specifically authorize the Site, MTVN, the Parent
Companies and their Affiliates to use such Posting in whole or in part,
throughout the universe, in perpetuity in or on any and all media, now known or
hereafter devised, and alone or together with or as part of other information,
content and/or material of any kind or nature; (b) you represent and warrant
that (i) the Posting is original to you and/or fully cleared for use as
contemplated herein, (ii) the Posting does and will not, in any way, violate or
breach any of the terms of this Agreement, (iii) the Posting does not contain
libelous, tortious, or otherwise unlawful information, infringe or violate any
copyright or other right, or contain any matter the publication or sale of
which will violate any federal or state statute or regulation, (iv) the Posting
is not obscene or in any other manner unlawful, (v) the Posting shall not be
injurious to the health of any user, and (vi) we shall not be required to pay
or incur any sums to any person or entity as a result of our use or
exploitation of the Posting; and (c) if your Posting incorporates the name,
logo, brand, service or trademark, voice, likeness or image of any person, firm
or enterprise, you specifically represent and warrant that (i) you have the
right to grant the Site, MTVN, the Parent Companies and their Affiliates the
right to use all such Postings as described above, (ii) the Posting was
produced in compliance with all applicable laws and regulations and (iii) for
any User Content Posting that contains original videos, you will comply with
any applicable identification verification and record-keeping requirements, and
you will secure and maintain the requisite personal information and
identification documentation for all individuals who appear in any such
original videos, as may be required by law and/or otherwise requested or
required by us in connection with our corporate compliance policies and
practices, which includes (y) the individual’s full legal name, current
address, date of birth and (z) a legible photocopy of a valid government-issued
identification document (e.g., a U.S. passport, state driver’s license
or valid photo ID card) to verify the individual’s identity. With the
submission of each such Posting, MTV, the Parent Companies and the Affiliates
reserve the right to request that you, and upon such request you must, deliver
a full and complete set of such identification verification records to us, as
well as a legible photocopy of your valid driver’s license, passport or other acceptable
government-issued photo identification for our verification and record-keeping
purposes. In addition, you specifically acknowledge and agree to abide by our
policies regarding governmental certification procedures relating to the
foregoing identification verification and record-keeping procedures and, if
applicable, you will promptly comply with any specific requests or directions
we give you in connection with Postings you submit that may be subject to these
requirements.
You understand, acknowledge and agree that
we have the right to delete, re-format and/or change your Postings in any
manner that we may determine (although you will not be responsible for any such
changes made). The amount of storage space on the Site per user is limited.
Some Postings may not be processed due to space constraints or outbound message
limitations. You understand, acknowledge and agree that we assume no
responsibility for deletion of Postings or any failure to store, receive or
deliver Postings in a timely manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any manner
which does or is intended to promote or generate revenue for any business
enterprise or commercial activity.
If you believe that any content on the Site (including,
without limitation, Postings) violates any of the terms of this Agreement
(except for any notices covered by the Copyright
Compliance Policy), please click here to send us a message about it (please refer
to our Copyright Compliance Policy
for any
notices covered by the Copyright
Compliance Policy). We cannot guarantee that we will respond to your
message and we reserve the right to take or refrain from taking any or all
steps available to us once we receive any such message.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, MTVN, the Parent Companies, the
Affiliates or the Site's operational service providers, suppliers, and
Advertisers, may conduct promotions on or through the Site, including, without
limitation, auctions, contests and sweepstakes ("Promotions").
Each Promotion may have Additional Terms and/or Rules which will be posted or
otherwise made available to you and, for purposes of each Promotion, will be
deemed incorporated into and form a part of this Agreement.
11. RSS FEEDS and PODCASTS
The
Site may provide RSS Feeds ("RSS Feeds") consisting of
selected text, audio, video, and photographic content ("Content")
from the Site that is provided over the Internet using an XML feed. Certain
RSS Feeds may be podcasts ("Podcasts") which may include as
part of the Content an associated audio, video and/or photographic file where
the audio and/or video file may be downloaded and played from a user's computer
or transferred to a portable listening device. Certain software and hardware is
required for users to download and view and/or play Content through RSS Feeds.
Content is protected by U.S. Federal and State laws, and applicable foreign
laws, regulations and treaties, and all rights in and to the Content are
reserved to MTVN or the content provider. Content is
available for personal, noncommercial use only and you may download, copy
and/or transfer to a portable listening or viewing device or a computer the RSS
Feeds and associated Content for your personal, non-commercial use only. You
shall not, nor will you allow any third party to, reproduce, modify, create
derivative works of, display, perform, publish, distribute, disseminate,
broadcast or circulate to any third party, or otherwise use any Content except
as expressly authorized in this Section 11.
By your access to and use of RSS Feeds, you understand, acknowledge and agree
that the Site, MTVN, the Parent Companies and their
Affiliates do not warrant that its RSS Feeds will operate on all user
equipment. Please see the "Disclaimer
and Limitations of Liability" section below for further details.
12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or
hyperlinks referenced or included anywhere on the Site or any other form of
link or re-direction of your connection to, with or through the Site, does not
constitute an endorsement by, nor does it incur any obligation, responsibility
or liability on the part of, the Site, MTVN, the Parent Companies or any of
their Affiliates, any of their successors and assigns, and any of their
respective officers, directors, employees, agents, representatives, licensors, Advertisers,
suppliers, and operational service providers. We do not verify, endorse or have
any responsibility for any such third party sites, their business practices
(including their privacy policies), or any goods or services associated with or
obtained in connection with any such site, whether the Site's, MTVN 's, the
Parent Companies’ or any of their Affiliates’ logo or sponsorship
identification is on the third party site as part of a co-branding or
promotional arrangement. If any third party site obtains or collects Personal
Information from you, in no event shall we assume or have any responsibility or
liability. Please read our Privacy Policy,
which describes how
MTVN collects and uses your Personal Information and co-branding relationships.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR
USE
If you are registered to use the Site, you may
deactivate your account on the Site, at any time and for any reason, by
clicking here to go to “Profile”
, entering your user
name and password, and then selecting the "Close My Account" option. We
may terminate your use of and registration on the Site, at any time and for any
reason, with or without cause, without prior notice to you and without any
liability or further obligation of any kind whatsoever to you or any other
party.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE
MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY
GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS,
FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Without limiting the foregoing, we are not responsible or liable for any
malicious code, delays, inaccuracies, errors, or omissions arising out of your
use of the Site. You understand, acknowledge and agree that you are assuming
the entire risk as to the quality, accuracy, performance, timeliness, adequacy,
completeness, correctness, authenticity, security and validity of any and all
features and functions of the Site, including, without limitation, Postings and
Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THIS SITE, MTVN, THE PARENT COMPANIES, ANY OF THEIR
AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM
USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive
remedy which is provided in this Agreement may or does fail of its essential
purpose, you specifically acknowledge and agree that your sole and exclusive
remedy for any loss or damage shall be to have the Parent Companies, upon
written notice from you to us, attempt to repair, correct or replace any
deficient goods or services under this Agreement and, if repair, correction or
replacement is not reasonably commercially practicable for the Parent
Companies, to refund any monies actually paid by you for the Products involved
and to terminate and discontinue your use of the Site. You further understand
and acknowledge the capacity of the Site, in the aggregate and for each user,
is limited. Consequently some messages and transmissions may not be processed
in a timely fashion or at all, and some features or functions may be restricted
or delayed or become completely inoperable. As a result, you acknowledge and
agree that the Parent Companies assume no liability, responsibility or
obligation to transmit, process, store, receive or deliver transactions or
Postings or for any failure or delay associated with any Postings and you are
hereby expressly advised not to rely upon the timeliness or performance of the
Site for any transactions or Postings. Some jurisdictions do not allow for the
exclusion of certain warranties or certain limitations on damages and remedies;
accordingly some of the exclusions and limitations described in this Agreement
may not apply to you.
15. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, MTVN,
the Parent Companies, and any of their Affiliates, or any of their successors
and assigns, and any of their respective officers, directors, employees,
agents, representatives, licensors, Advertisers, suppliers, and operational
service providers harmless from and against any and all claims, actions,
losses, expenses, damages and costs (including reasonable attorneys' fees),
resulting from any breach or violation of this Agreement by you, or public posting
of your Postings.
The Parent Companies reserves the right to assume, at
its sole expense, the exclusive defense and control of any such claim or action
and all negotiations for settlement or compromise, and you agree to fully
cooperate with the Parent Companies in the defense of any such claim, action,
settlement or compromise negotiations, as requested by the Parent Companies.
16. PRIVACY
We respect your privacy and the use and protection of
your Personal Information. Please see our Privacy
Policy
for important information and disclosures relating to the collection and use of
your Personal Information in connection with your use of the Site.
17. LAW THAT APPLIES TO THIS AGREEMENT;
MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms,
Rules, our Privacy Policy and any other regulations,
procedures and policies which we refer to and which are hereby incorporated by
reference, contains the entire understanding and agreement between you and the
Site and supersedes any and all prior or inconsistent understandings relating
to the Site and your use of the Site. This Agreement cannot be changed or
terminated orally. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, this will not affect any other provisions and the
Agreement will be deemed amended to the extent necessary to make it legal,
valid and enforceable. Any provision which must survive in order to allow us to
enforce its meaning shall survive the termination of this Agreement; however,
no action arising out of this Agreement or your use of the Site, regardless of
form or the basis of the claim, may be brought by you more than one (1) year
after the cause of action has arisen (or if multiple causes, from the date the
first such cause arose).
This Agreement and your use of the Site is governed by,
construed and enforced in accordance with the internal substantive laws of the
State of New York (notwithstanding the State's conflict of laws provisions)
applicable to contracts made, executed and wholly performed in New York, and,
for the purposes of any and all legal or equitable actions, you specifically
agree and submit to the exclusive jurisdiction and venue of the State and
Federal Courts situated in the State and County of New York and agree you will
not object to such jurisdiction or venue on the grounds of lack of personal
jurisdiction, forum non conveniens or otherwise. To the extent it may be
applicable, you agree to opt out from and expressly exclude any applicability
of the Uniform Computer Information Transactions Act. IN ANY ACTION OR
PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER
THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER
HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A
TRIAL BY JURY.
This Terms of Use Agreement was last modified on September
22, 2009 and is effective immediately.
Copyright © 2009 MTV Networks, a division of Viacom
International Inc. - All Rights Reserved.