Terms
What Happened In Piedmont
Terms of Use
Updated as of April 15, 2008
What Happened In Piedmont (the “Game”) is a web-administered alternate reality game that will be conducted across various media, including on the World Wide Web. If you are at least Eighteen (18) years of age, you are invited to participate in this interactive, entertainment experience. You understand that the Game is for entertainment purposes only and no prizes or awards will be given in connection with Game. You understand that the content, characters and events in the Game constitute works of fiction, and should not be interpreted as factual. These terms of use (the “Terms of Use”) govern the Game, the use of the website and related websites (collectively, “The What Happened In Piedmont Website”) and any other activities you engage in with respect to the Game. Please read these Terms of Use carefully. If you decline the “Terms of Use” below, you are not authorized to participate in the Game or use The What Happened In Piedmont Website. By participating in the Game and/or using The What Happened In Piedmont Website YOU AGREE TO BE BOUND BY THESE TERMS OF USE and to any other guidelines or rules provided by us. In addition, when using particular areas, features and/or functions of The What Happened In Piedmont Website, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions. The What Happened In Piedmont Website is operated by A&E Televisions Networks (herein referred to as “we”, “us”, or “our”). We reserve the right to modify these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use and any additional terms and conditions posted to the Terms of Use. Your continued participation in the Game and use of The What Happened In Piedmont Website constitutes your agreement to all such terms, conditions, and notices.
DESCRIPTION OF SERVICE
The What Happened In Piedmont Website provides users with access to content and features to learn about and participate in the Game. In order to use The What Happened In Piedmont Website and participate in the Game, you must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We grant you a non-exclusive, limited license to access and make personal use of The What Happened In Piedmont Website, but not to download (other than page caching) or modify any portion of The What Happened In Piedmont Website, except as specifically authorized on The What Happened In Piedmont Website or otherwise with our express written consent. This license does not include: any resale or commercial use of The What Happened In Piedmont Website, the contents of The What Happened In Piedmont Website, or any element of the Game; any derivative use of The What Happened In Piedmont Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The What Happened In Piedmont Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
OWNERSHIP
All content on The What Happened In Piedmont Website such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is our property, or property that we are duly authorized to use in connection with ‚ÄúThe Game‚Äù and is protected by U.S. and/or international copyright laws. The compilation of all content on The What Happened In Piedmont Website is our exclusive property, or property that we are duly authorized to use in connection with ‚ÄúThe Game,‚Äù and is protected by U.S. and/or international copyright laws. Except as expressly provided in “Description of Service” above, your use of and access to The What Happened In Piedmont Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.
CONTENT SUBMISSIONS
Certain portions of the Game allow you to post or upload comments, materials, information, or other content (collectively, “User Generated Content”). We do not have any obligation to, and you agree that we have no obligation to, review the User Generated Content posted and/or submitted by users accessing The What Happened In Piedmont Website, that we are not in any manner responsible for User Generated Content, that we do not guarantee the accuracy, integrity or quality of User Generated Content, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on The What Happened In Piedmont Website. You acknowledge that by providing you with the ability to access and view User Generated Content on The What Happened In Piedmont Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on The What Happened In Piedmont Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily ours.
Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Generated Content posted to The What Happened In Piedmont Website in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Your User Generated Content is not confidential or proprietary. You grant to us a non-exclusive, irrevocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.
You agree that you shall immediately notify us in writing of any objectionable content appearing on The What Happened In Piedmont Website. We will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content.
Any use of any content on The What Happened In Piedmont Website, including, without limitation, User Generated Content will be at your own risk.
You may not post or otherwise distribute content to the website which we, in our sole discretion, determine to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ours, illegal, or otherwise objectionable to us. You may not upload commercial content on The What Happened In Piedmont Website or use The What Happened In Piedmont Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to The What Happened In Piedmont Website. You shall indemnify and hold us harmless with respect to all claims resulting from User Generated Content you supply. We may, in appropriate circumstances and in our sole discretion, terminate the account(s) of any user(s) who do not abide by these Terms of Use or otherwise prohibit such user(s) from accessing “The Game”.
REGISTRATION
The What Happened In Piedmont Website is not directed to children. No registration is required in order to participate in the Game. The information supplied in connection with your participation in the Game and use of The What Happened In Piedmont Website are all subject to our Privacy Policy. Please see our Privacy Policy for more information regarding our collection and use of information.
THIRD PARTY WEBSITES, RESOURCES AND SERVICES
You acknowledge that we may provide, or third parties may provide, links to other third party websites, resources and services. Moreover, you acknowledge that third party websites, resources and services, including, without limitation, social networking websites such as twitter.com, facebook.com and linkedin.com, may contain information and content related to the Game and The What Happened In Piedmont Website. Because we have no control over such websites, resources and services, you acknowledge and agree that we are not responsible for the availability of such third party websites, resources and services, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available through such websites, resources and services. You further acknowledge and agree that we 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 information, content, products, services or other materials on or available through any such website, resource or service.
INDEMNIFICATION
You agree to indemnify and hold us, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, liability or damages (including reasonable attorneys’ fees and costs), due to or arising out of your use of The What Happened In Piedmont Website, your participation in the Game (including your interactions with other players and/or the general public), your violation of these Terms of Use, or your violation of any rights of another person or entity.
DISCLAIMER OF WARRANTY
YOUR USE OF THE WHAT HAPPENED IN PIEDMONT WEBSITE IS AT YOUR SOLE RISK. THE WHAT HAPPENED IN PIEDMONT WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT WARRANT THAT THE WHAT HAPPENED IN PIEDMONT WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR THE WHAT HAPPENED IN PIEDMONT WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (i) THE WHAT HAPPENED IN PIEDMONT WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WHAT HAPPENED IN PIEDMONT WEBSITE OR THE SERVERS THAT MAKE THE WHAT HAPPENED IN PIEDMONT WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WHAT HAPPENED IN PIEDMONT WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WHAT HAPPENED IN PIEDMONT WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS OR ERRORS OF THE WHAT HAPPENED IN PIEDMONT WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WHAT HAPPENED IN PIEDMONT WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE WHAT HAPPENED IN PIEDMONT WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WHAT HAPPENED IN PIEDMONT WEBSITE; (ii) YOUR PARTICIPATION IN THE GAME; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WHAT HAPPENED IN PIEDMONT WEBSITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE GAME OR ON THE WHAT HAPPENED IN PIEDMONT WEBSITE; (vi) ANY THIRD PARTY WEBSITE, SERVICE OR RESOURCE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL NETWORKING WEBSITE SUCH AS TWITTER.COM, FACEBOOK.COM AND LINKEDIN.COM; OR (vii) ANY OTHER MATTER RELATING TO US.
IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
NOTICE
We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on The What Happened In Piedmont Website. Your continued use of The What Happened In Piedmont Website following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of The What Happened In Piedmont Website following the posting of conspicuous notice of any modification will be your acceptance of the modified Terms of Use.
DISPUTE RESOLUTION
By participating in this Game and/or using The What Happened In Piedmont Website, you agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) that you may have against us arising out of, relating to, or connected in any way with the Game and/or The What Happened In Piedmont Website, or the determination of the scope or applicability of this agreement, will be resolved exclusively before a Court of competent jurisdiction located within the County and State of New York.
GENERAL
These Terms of Use constitute the entire agreement between you and us with respect to the Game and The What Happened In Piedmont Website and govern your participation in the Game and use of The What Happened In Piedmont Website, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use, participation in the Game and use of The What Happened In Piedmont Website do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your participation in the Game, use of The What Happened In Piedmont Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. Moreover, you agree to comply with all local rules governing your participation in the Game. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ADMINISTRATION
The What Happened In Piedmont Website and the Game are administered by an agency on behalf of A&E Television Networks, the sponsor of the Game and owner of The What Happened In Piedmont Website.
RSS /
andrew.tobler@gmail.com
© 2008 All Rights ReservedTerms
What Happened in Piedmont? Anyone see this?
Linear Mode
