If you are under age 18, or under the age of majority in the state or other jurisdiction where you live, by using this Site you affirm that your parent (or legal guardian) has consented to your use of the Site and to the Terms and Conditions on your behalf.
Restrictions on Use of Proprietary Materials
This Site is copyright protected. All logos, trademarks, service marks, graphics, designs, text, artwork, photographs, images, videos, audio, illustrations, characters, Software (as defined below) and any other content or copyrightable elements on our Site (“Materials”) are the property of the Hub and/or its affiliates, licensors or other respective sources and are protected by U.S. and international copyright and trademark laws. No Materials may be copied, reproduced, published, made into derivative works, distributed, modified, displayed, performed, broadcast, uploaded, posted or transmitted to a third party without the express prior written consent of the Hub. Any Materials you copy, print, or download are licensed, on a non-exclusive, non-assignable, non-transferrable basis, to you by us for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.
If you download software from the Site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by the Hub, on a non-exclusive, non-assignable, non-transferrable basis, for your personal, non-commercial home use only. The Hub does not transfer either the title or the intellectual property rights to the Software and the Hub retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Hub or its licensors and you may not copy or use them in any manner.
User Content Posted on the Site
Our Site may contain activities, tools or interactive features that permit you to communicate information on the Site, including without limitation notes, e-mails, messages, opinions, videos, photos, images, drawings, materials, creative works, blogs, postings of information, communications with other users, the provision of feedback to The Hub or the submission of other types of user-generated content (“Content”) to our Site.
You are solely responsible for any such Content you submit to our Site. You represent, warrant and agree that no Content submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain defamatory, libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; (iii) disparage the products or services of any third party; or (iv) contain viruses, trojan horses, disabling code, worms, clear GIFs, time bombs, cancelbots or other computer programming intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate data, information or personally identifiable information. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.
All Content shall remain or become property of the Hub. We shall exclusively own all rights (presently known or future rights), title and interest in the Content throughout the universe in perpetuity and have the complete unrestricted right to reproduce, use, exploit, copy, disclose, display, exhibit, transmit, perform, create derivative works, distribute and/or modify of the Content for any purpose whatsoever, commercial or otherwise, including the creation of derivative works, in all media whether now existing or hereinafter devised. You agree that you are not entitled to any compensation or consideration of any kind for any Content submitted or transmitted by you to us or through the Site. Any Content does not necessarily reflect the views of the Hub and we assume no responsibility or liability for any Content or for any claims, damages or losses resulting from the use or transmission of such Content on our Site.
Unsolicited Idea Submissions
We do not accept or consider any ideas, suggestions, concepts, notes, artwork, scripts or other materials you submit to us (“Submissions”) unless we have specifically requested them from you. We wish to avoid the possibility of future misunderstandings when projects are independently developed by us (or by our affiliates or agents) that may seem to others to be similar to their own ideas. Please do not upload, communicate, display, embed, post, submit or otherwise distribute any unsolicited Submissions on or through our Site. You agree that any Submissions that you provide us (whether requested by us or unsolicited) are not made in confidence and you have no expectation of any compensation or consideration of any kind. Any and all Submissions shall be treated as and subject to the same terms and conditions as Content as described above.
Rules of Conduct
You agree that you will not transmit any Content or Submissions to, or otherwise engage in any conduct on, the Site that:
1) Violates or infringes any rights of another party, including copyrighted material, trademarks, trade secrets, right of publicity, other proprietary rights or information, or rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or promotes the violations of any proprietary rights (including without limitation, providing pirated computer programs or links to such programs);
2) Offends the online community, including content that contains obscenity, sexually explicit content, racism, bigotry, hatred, physical harm of any kind against any group or person; or harasses or advocates the harassment of another person(s);
3) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4) Contains video, photographs or images of another person without his or her consent, and if such person is under the age of 18, without the consent of his or her parent (or guardian);
5) Harms minors under age 18 in any way;
6) Involves the transmission of spam, junk mail, chain letters or other forms of unsolicited mass mailings;
7) Engages in commercial activities, sales, advertising, solicitation or other activities intended to generate revenue;
8) Contains viruses, time bombs, trojan horses, worms or other harmful computer devices or components;
9) Interferes with another user’s use of the Site; or
We reserve the right to (i) remove any material from our Site that violates the Rules of Conduct, (ii) suspend or terminate access and/or the right to use our Site by anyone who violates the Rules of Conduct and (iii) take any other action in our sole discretion, including without limitation legal action, that we deem is appropriate to immediately resolve such violations.
Contests, Sweepstakes and Other Activities
The Hub may conduct contests, sweepstakes and other promotional activities on the Site, which will have additional rules, terms and conditions. The Terms and Conditions may be incorporated by reference into the rules of such promotional activities. If any conflict arises between the provisions of the rules of the applicable promotions and the Terms and Conditions, the rules of the applicable promotions shall govern for purposes of your participation in such promotional activity.
Disclaimers and Limitation of Liability
The Hub may change, move or delete portions of, or may add to, this Site from time to time.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE HUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, THE HUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HUB DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. THE HUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE HUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE HUB BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF THE HUB OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE HUB'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO THE HUB, IF ANY, FOR PRODUCTS PURCHASED ON, OR OTHERWISE IN CONNECTION WITH, THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless The Hub, our affiliates, licensors, licensees, distributors, agents, representatives and their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs (including without limitation attorney’s fees, settlement costs and any other fees related to investigating or defending any actions or threatened actions) incurred by the Indemnified Parties as a result of any third party claim in connection with, in relation to or arising out of, directly or indirectly, any violation of the Terms and Conditions by you and/or your use of our Site in any way. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with The Hub.
Links to Other Web Sites
The Hub makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a third party website, please understand that it is independent from the Hub and that the Hub has no control over the content on that web site. A link to a third party website does not mean that the Hub endorses or accepts any responsibility for the content or use of such web site.
DMCA and Copyright Agent
The Hub has adopted a policy that provides for the termination, in appropriate circumstances as determined by The Hub in its sole discretion, of users who infringe copyright laws. If you believe that your copyrighted work has been infringed on the Site, you must send a notification of claimed copyright infringement to our “designated agent” pursuant to the Digital Millennium Copyright Act (“DMCA”) Title 17 United States Code Section 512(c)(2). Notifications must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Hub to locate the material;
- Information reasonably sufficient to permit The Hub to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All such copyright inquiries and notifications under the DMCA must be submitted to:
Hub Television Networks, L.L.C.
Joshua A. Meyer
2950 North Hollywood Way, Suite 100
Burbank, CA 91505
Upon receipt of this notification from you (or your agent), which must substantially comply with all requirements listed above, we will determine whether the material that is subject of the notification constitutes copyright infringement. We will then remove or disable access to the alleged infringing material and contact the alleged copyright infringer, as required by statute, who then has the opportunity to file a counter-notice in response.
U.S. Export Controls
This Site is controlled and operated by the Hub from its offices within the State of California, United States of America. The Hub makes no representation that materials in the Site are appropriate or available for use in other locations. Those 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. Software from this Site is subject to U.S. export controls. No software from this Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Terms and Conditions is effective unless and until terminated by either you or the Hub. You may terminate the Terms and Conditions at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by the Terms and Conditions. The Hub may terminate the Terms and Conditions at any time and without notice, and accordingly deny you access to this Site, in the Hub's sole discretion for any reason, including your failure to comply with any term or provision of the Terms and Conditions. Upon any termination of the Terms and Conditions by either you or the Hub, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of the Terms and Conditions or otherwise.
The Terms and Conditions, all matters related thereto, and your rights, obligations and liabilities with respect to our Site are governed by the laws of the State of California, without giving effect to any conflicts of laws principles. Any action brought in connection with, relating to, or arising out of (directly or indirectly) the Terms and Conditions shall be brought in a state or federal court located in Los Angeles County in the State of California and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
You agree that any claim or cause of action against us arising out of or related to your use of the Site or under the provisions of the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or shall be permanently barred.
© 2010-2014 Hub Television Networks, L.L.C. All Rights Reserved.