Chelsea Media Terms Of Use

  • November 2019
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Terms of Use (Thursday October 16, 2008) Definitions Hereinafter, "Chelsea Media" shall refer to Chelsea Media, its assignees, directors, officers, employees, third-party partners and affiliates. Introduction; Consent to Terms Please read these Terms and Conditions before submitting a story, and before indicating acceptance of terms and conditions in writing or via electronic approval. Note that Terms and Conditions apply to all submissions received by Chelsea Media regardless of whether the Terms and Conditions have been separately approved either in writing or via electronic approval. Using any features of this site, including, but not limited to on-line ordering of books or merchandise, content subscriptions, contests or promotions, blogs, podcasts, widgets and social networking features (collectively, the "Chelsea Media web sites" or the "Sites"). By using the Sites, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Site, do not make any contributions, and do not use the Site or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on Chelsea Media web sites. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes. Copyrights The contents of the Chelsea Media web sites, merchandise, publications, emails, photos, videos, and audio content are protected by U.S. and international copyright laws, and owned by Chelsea Media. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Chelsea Media web sites without the prior written consent of Chelsea Media. All rights not expressly granted in these Terms of Use are reserved to Chelsea Media. Trademarks Chelsea Media names, logos, graphics, slogans, and artwork are trademarks of Chelsea Media. All rights reserved. You may not use any names, logos, graphics, slogans, artwork or trademarks, without prior written consent of Chelsea Media. Framing Chelsea Media does not allow framing of Chelsea Media web sites. Links to Chelsea Media Web Sites Chelsea Media encourages and permits links to content on Chelsea Media web sites. However, Chelsea Media is committed to the highest standards of entertainment in content and appearance. Therefore, the linking should not use Chelsea Media content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link. Links to Third Party Sites Chelsea Media has provided links to Internet sites maintained by third parties, over which

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Chelsea Media has no control. Chelsea Media does not endorse the content, operators, products or services of such sites, and Chelsea Media is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Chelsea Media 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, products or services available on or through such sites. Podcasts Chelsea Media may provide podcasts of content that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, weblog or similar application, as long as (a) the links redirect the user to the Chelsea Media web sites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Chelsea Media web page, (c) you do not use Chelsea Media content for inappropriate commercial purposes, and (d) you provide attribution to Chelsea Media adjacent to the link. Chelsea Media reserves the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason. Rules for Use of the Sites By using the Sites, including by submission of comments, essays, e-mails or other content or materials, or by participation in any social networking or other features, on or through the Chelsea Media web sites, you agree to the following rules: You must be at least eighteen (18) years of age to post, upload, transmit or submit for posting on the Chelsea Media web sites or for use in any media, any content, materials or personally-identifying information, participate in any online contests, order books or merchandise. If you are under 18 years of age, please do not send any information about yourself, including your story submissions, your name, address or email address. If we discover that we have collected any content or personally-identifying information from any persons under the age of 18, we will remove that information from our database as soon as possible. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself. You may not post, upload, transmit or submit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech. You may only post, upload, transmit or submit materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Chelsea Media (to the extent permitted by these Terms of Use) to use, distribute and reproduce any posted, uploaded, transmitted or submitted materials.

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The Sites can only be used for non-commercial purposes. You cannot post, upload, transmit, or submit any material containing any solicitation of funds, advertising, solicitation for goods and services, or recruiting. You may not post, upload, transmit or submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Sites to distribute chain letters, mass mailings, "spam" or otherwise duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Sites. You may not interfere with or disrupt the integrity or performance of the Chelsea Media sites or any portion or contents thereof, or use the Chelsea Media sites in any way which degrades the reliability, speed or operation of the Chelsea Media or the underlying hardware or software. You may not attempt to gain unauthorized access to the Chelsea Media sites or related systems or networks. By posting, uploading, transmitting or submitting any content or material to Chelsea Media on or through the Sites, or in any other manner, you hereby grant Chelsea Media (to the extent permitted by the Terms of Use) the exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that content or material, and your name and location (city, state and/or country) unless indicated otherwise, if you provide that information to us, in connection with that content material, in all media, whether or not now known, and pursuant to any other license terms that may otherwise be set forth in these Terms of Use. You are solely responsible for any content or materials posted, uploaded, transmitted or submitted to Chelsea Media. Chelsea Media does not and cannot review all material posted, uploaded, transmitted or submitted by you or others and is not responsible for any materials posted, uploaded, transmitted or submitted by your or others on or through the Sites. However, Chelsea Media has the right (but not the obligation) to review, screen, delete, edit and/or move any content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Sites or these Terms of Use, or for any other reason, as determined in Chelsea Media's sole discretion. Chelsea Media is not responsible or liable for any content or materials posted, uploaded, transmitted or submitted by you or a third party on or through the Sites. Chelsea Media cannot verify the accuracy of statements that users place on or through the Sites, and does not guarantee that any content or material has been posted, uploaded, transmitted or submitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules for Use of the Sites or these Terms of Use. By using the Sites, you agree to abide by these rules. You acknowledge that Chelsea Media has the right to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Sites or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Chelsea Media has the right to limit or terminate your, or any other person’s access to or registration in the Sites for any reason, including violation of the Rules for Use of the Sites or these Terms of Use. Representations; Indemnity You represent and warrant that (a) if you post, upload, transmit, or submit any content, material or personally-identifying information on or through the Sites, you are at least 18 years of age, (b) you have all necessary rights to any content or material you post, upload, transmit, or submit on or through the Sites, that there are no encumbrances or restrictions on such content or materials or their use on or through the Sites, and that such content or materials, and their use by Chelsea Media (pursuant to these Terms of Use) does not and will not defame any person or

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violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Sites or these Terms of Use, and (c) your use of the Sites complies with these Terms of Use. You agree that you will indemnify and hold harmless Chelsea Media and its directors, officers, employees, members, licensees and other third party program producers and Podcast providers from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Sites, (3) the materials you have posted, uploaded, transmitted, or submitted on or through the Sites, or (4) Chelsea Media's publication, distribution or use of such materials. Disclaimer THE SITES AND ANY CONTENT, MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHELSEA MEDIA DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES CHELSEA MEDIA MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITES OR THROUGH LINKS ON THE SITES. USE OF THIS SITES IS ENTIRELY AT YOUR OWN RISK. CONTENT ON THE CHELSEA MEDIA WEB SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE CHELSEA MEDIA WEB SITES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, RELATIONSHIP ADVICE. ALWAYS SEEK THE ADVICE OF YOUR COUNSELOR OR OTHER QUALIFIED MENTAL HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING SEXUAL INFORMATION OR SOCIAL GUIDANCE. LIMITATION OF LIABILITY IN NO EVENT WILL CHELSEA MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITES, OR (C) IN CONNECTION WITH ANY THIRD PARTY (INCLUDING USER) CONTENT OR MATERIALS OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL CHELSEA MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. RIGHT TO CHANGE CHELSEA MEDIA WEB SITES Chelsea Media has the right to change the Chelsea Media web sites, terminate or cease providing the Chelsea Media web sites, or delete content, materials or features in any way, at any time or for any reason or no reason. Online Shopping In the event a product available from Chelsea Media is listed at an incorrect price or with incorrect

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information, Chelsea Media will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Chelsea Media's acceptance of your order, nor does it constitute confirmation of Chelsea Media's offer to sell. Chelsea Media reserves the right at any time after receipt of your order to accept or decline your order for any reason. Chelsea Media may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
 Chelsea Media respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Chelsea Media web sites or in Chelsea Media publications, please provide the following information in writing to Chelsea Media's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright. • A description of the copyrighted work that you claim has been infringed. • A description of the material that you claim 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 sufficient to permit us to locate the material. • Information so that we can contact you, such as address, telephone number and e-mail address. • A statement that you have 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. • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe that any content or materials you posted or uploaded to the Chelsea Media Web Sites, that were subsequently removed from the Chelsea Media Web Sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Chelsea Media’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail): • Your physical or electronic signature. • A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. • Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement. Chelsea Media's Copyright Agent can be reached as follows: Chelsea Media.tv P.O. Box 30068, Kansas City, MO 64112 Email: [email protected] Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Chelsea Media Web Sites, please contact Chelsea Media at [email protected] International Users The Sites are controlled and operated within the United States. Chelsea Media makes no representation that content, materials or products available on or through the Site are appropriate or available for use

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outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations. Miscellaneous These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Chelsea Media Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Chelsea Media Web Sites. These Terms of Use shall be governed by and construed under Kansas State law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Sites shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Kansas. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect. Questions If you have any questions about the terms of use, please contact Chelsea Media at [email protected]

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