Terms of Usage
The following Terms of Usage ("Terms") provides visitors with the policies and restrictions that govern access and use of this website. We use the term "visitors" and/or "you" to include any person who accesses this website at any time.
Click below for specific information about:
I. Agreement to these Terms
This is a binding legal agreement between you and Rainbow Media Holdings LLC (referred to herein as "Rainbow," "We," "Us," or "Our") governing your access and/or use of this website. You must read these terms in entirety.
Your access or use of this website constitutes your agreement to be bound to these Terms, which includes any restrictions posted on site pages or any changes that may exist when you re-access our website. If you do not agree with these Terms, do not use this site. Discontinuing use of this site shall not modify any Terms that apply to prior uses on the site.
Personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in these Terms by reference.
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II. Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained on this website and/or Terms without prior notice. Any changes to these provisions will be incorporated into revised Terms that we will post on this website. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the site.
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III. Website Ownership
This website is owned and operated by Rainbow Media Holdings LLC ("Rainbow"). Rainbow, its parents, entities under common ownership or control with Rainbow ("Affiliates") or parties that have granted us specific usage authorizations ("Licensors") own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively "Content") displayed or posted on this website. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
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IV. Violations and Termination
Any conduct that in any way violates these Terms or any posted restrictions may result, in our sole discretion, in the termination of visitor site participation, registration, submissions and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, Rainbow services, Content, or Rainbow, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content. We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
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V. Website Participation and Registration
This site is designed to appeal to and provide information to Rainbow’s business clients and visitors over eighteen years of age regarding Rainbow\’s various programming networks and advertising services. Participation and personal information submissions on this website are voluntary. At a minimum, you must be thirteen (13) years of age or older to forward personal information to us online. You may also be required to meet an older minimum age requirement for other site offerings.
To access certain website services, you may be asked to register on our site and provide us with certain personal and/or business information. Visitors are responsible for providing us with accurate and current information. Visitors shall not mask their identity by using a false name, information, email or another person’s name or email, and shall not submit false business information. If you provide any false, untrue or inaccurate information, we may suspend or terminate your site registration or participation and pursue any other legal remedies. If you have registered on the site, you may discontinue site registration by following unsubscribe instructions contained on the site or in applicable electronic communications from us.
You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or materials that you email, post, upload, transmit or otherwise make available for access, viewing or use over this website. You grant Rainbow, its parents and Affiliates an irrevocable, royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to distribute any information or materials that you post, upload or transmit to us or in areas of our website.
As a result of your registration for the website, you may receive certain commercial communications from Rainbow related to content found on the website. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by sending an email to prcsupport@rainbow-media.com.
You acknowledge, consent and agree that Rainbow may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer services; or (5) to protect the rights, property, or personal safety of Rainbow, its users and the public.
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VI. Protection of Passwords
Registration for certain site features may require you to select a unique user name and/or password. You are responsible for maintaining the confidentiality of any user names, passwords or other account information and you may not authorize others to use your user name or password. You agree to notify us of any unauthorized use of your user name or password or other account information immediately after you become aware of such use, and further agree to indemnify and hold Rainbow, its parents and Affiliates harmless from any claim, action or damages related to such use.
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VII. Restrictions on Use of Content
Use of Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print or download the Content from this site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited, unless prior written consent for such usage is obtained from Rainbow. You may submit such request to Rainbow at .
Visitors expressly agree not to engage in any activity that:
- interrupts, destroys, alters, damages, delays or limits the functionality or integrity of this website or Content, including any associated software or hardware;
- infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
- manipulates identifiers or numeric information to disguise the origin of any visitor, device, material, Content or other information;
- causes the forwarding of information that you do not own, have the right or authorization to provide, or that is false or misdirected;
- contains unauthorized advertising, advertises Content as your own or solicits other visitors;
- intentionally or unintentionally violates any applicable local, state, national, or international law;
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
- that otherwise violates Rainbow policies or these Terms.
Rainbow has established limited access areas of this site where certain authorized visitors may be permitted to download or use specific information or Content for limited reporting purposes. This limited access and usage is a feature of a specific site service and is not intended to give-up any of our rights to the protected Content and information on this site or that is otherwise owned or licensed by Rainbow, its parents or Affiliates.
Rainbow, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.
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VIII. Software Downloads
In the event a feature of this site authorizes the download of certain software from this site, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or a third-party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You are also solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device.
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IX. Prohibitions on Framing and/or Posting
Visitors are prohibited from (i) framing any portion of the rainbow-media site; (ii) posting banners, advertising or other links on the rainbow-media site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of Rainbow. Written requests for framing, site postings, advertising or Content usage should be sent to: Rainbow Media Holdings LLC; Attention: Rainbow Legal Department; 11 Penn Plaza, 18th Floor, New York NY 10001.
Visitors may encourage others to access the information appearing on our site. You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by Rainbow. You may not bypass registered areas of our site and hyperlink to pages protected by passwords.
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X. Electronic Communications
When communicating to us electronically through our website or via email, any personal information transmitted to us will be protected in accordance with our Website Privacy Policy.
We assume no obligation to limit the use of or to protect any non-personal information from disclosure.he submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of any ideas, plans, services, products or the like by Rainbow, its parents or Affiliates for any purpose; and we shall be free to reproduce, use, modify, disclose and distribute such information to others without liability or restriction.
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XI. Accuracy of Information
Rainbow uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and the operation of the site; however, the site may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding the Content’s or website’s accuracy, validity, correctness, timeliness, availability, reliability or that usage of the website or Content will be error-free. Site information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information on our site, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing on our site. We reserve the right to discontinue all or part of the website at any time, without notice to you. We are not responsible for any claim, liability or damage resulting from your use, reaction to or reliance on any Content or information appearing on our site, or from the unavailability of all or any part of the website.
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XII. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
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XIII. LIMITATION OF LIABILITY
NEITHER RAINBOW, NOR ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR\’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR\’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RAINBOW, ITS PARENTS, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL RAINBOW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF RAINBOW, ITS PARENTS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF..
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XIV. Leaving Our Website
When you leave our website, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. Rainbow, its parents, affiliates, members, employees and agents will not be responsible or liable for the content, activities, offerings, privacy practices or terms of usage of other websites.
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XV. Indemnification
You agree to indemnify, defend and hold harmless Rainbow, its parents, affiliates, members, employees, and agents from and against all claims, losses, expenses, damages, costs and fees, including reasonable attorneys fees, resulting from your violation or breach of these terms, your unauthorized access or use of content and/or any consequences arising out of your access or use of this website or site content.
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XVI. Affiliates and Partners
Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates or site partners.
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XVII. Site Statements and Opinions
Our website may contain facts, views, opinions and statements of Rainbow, its Parents, Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability or truthfulness of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
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XVIII. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Rainbow, its Parents, Affiliates, employees, and agents shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the website.
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XIX. Links
The website may provide links to other World Wide Web sites or resources. Because Rainbow has no control over such sites and resources, you acknowledge and agree that Rainbow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rainbow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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XX. Copyright Information and Infringement Concerns
The Copyright for this site is held by Rainbow Media Holdings LLC. All rights reserved.
If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
Notices should be sent to:
Rainbow Media Holdings LLC
11 Penn Plaza
15th Floor
New York, NY 10001
Attention: James Gallagher
Email:
Fax Number: (646) 273-7190
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XXI. Trademark Information
Trademarks and service marks of Rainbow include RAINBOW, the RAINBOW Logo and RAINBOW MEDIA ("the Rainbow Marks"). You agree that you will not display the Rainbow Marks, or use the Rainbow Marks in any manner, without the prior written permission of Rainbow.
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XXII. Choice of Law and Forum
This website is originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts.
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XXIII. Validity of these Terms
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect.
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XXIV. Full Understanding
These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of this website and Content posted on the site. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event Rainbow waives or updates any specific provision of these Terms, all other portions will remain intact.
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XXV. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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XXVI. Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.
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Posted: April 2009