FUSION Terms and Conditions of Site Use
FUSION TV may periodically revise the terms of these Terms and Conditions by updating this page. You agree to be bound by subsequent revisions. Accordingly, you should periodically visit this page to review the current Terms and Conditions.
FUSION TV reserves all right, title, and interest not expressly granted under these Terms. All content, which includes, without limitation, photographs, videos, articles, films, media files, reviews, software, and source code (collectively “Content”), on the Sites is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of FUTION TV or its Content providers. The names or services on the Sites, including with limitation, unWIREDTV, FUSION TV and INFINITE MEDIA GROUP are trademarks or registered trademarks of unWIRED PRODUCTIONS. Other names or services on the Sites may be the trademarks of the respective owners. You agree not to use any unWIRED PRODUCTIONS trademarks or any confusingly similar marks for any purpose without the express prior written consent of unWIRED PRODUCTIONS. Violations of this provision may result in severe civil and criminal penalties.
Use of the Sites
The Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Sites are copyrighted as a collective work under the United States copyright laws. We are the owner of the copyright in the entire Sites. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Sites without the express permission of us and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Sites, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You hereby grant to us and our respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to us (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the rights of unWIRED PRODUCTIONS are irrevocable, and you hereby waive any right to seek or obtain rescission or termination of any of unWIRED PRODUCTION’s rights or any form of equitable or injunctive relief.
You shall provide us with accurate, complete and updated information provided by you at the time of registration.
You agree not to take any action to interfere with the function or accessibility of the Site or to take any action to restrict the access of others thereto.
The foregoing provisions of this Section are for the benefit of us, our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
We have carefully designed the Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Sites in any way that interferes with that purpose. In particular, we prohibit any party from displaying the content on the a Sites in any format where third party advertising or other materials that we did not authorize in writing is viewed or viewable together with our proprietary content.
You agree to indemnify and hold harmless FUSION and its parent, subsidiaries, affiliated companies, sub distributors and licensees, and each of their respective officers, directors, shareholders, affiliates, employees, attorneys, representatives, agents, licensees, successors and assigns, from and against any and all claims, costs, demands, expenses, losses, liabilities, damages, penalties, causes of actions and judgments including, without limitation, reasonable attorneys’ fees and costs, whether or not litigation is commenced (collectively, “Claims”) arising out of or in connection with (a) a breach or alleged breach of these Terms and Conditions by you and (b) any use of any material provided by you to unWIRED PRODUCTIONS.
Use of Content
unWIRED PRODUCTIONS authorizes you to access and use the Content solely for your personal, non-commercial use. You may not sell or modify the Content, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. As an express condition of your use of the Sites, you warrant to unWIRED PRODUCTIONS that you will not use the Sites for any unlawful purpose or purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Content automatically terminates and you must immediately destroy and copies you have made of and of the Content. unWIRED PRODUCTIONS makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Sites
No portion of these Sites is targeted to children, and any minor is required to obtain the consent of his or her parent or legal guardian before using the Sites.
Rules of Conduct for Chat Rooms and Message Boards
You are solely responsible for any and all Content posted by you on any FUSION Message Board or Chat Room. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on Message Boards or Chat Rooms. FUSION does not endorse, edit, verify, vouch for, or control any Content posted on the Sites by Users, and does not guarantee the accuracy or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to the Sites, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. FUSION reserves the right to monitor any of its Message Boards and Chat Rooms at any time to ensure that these rules are being observed. By using FUSION Message Boards and/or Chat Rooms, you may be exposed to Content which is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates this Agreement, we encourage you to contact us. FUSION reserves the right to modify or remove anything submitted, posted, or uploaded to FUSION, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and FUSION reserves the right to terminate or restrict access to the Sites of the responsible User(s). However, under no circumstances will FUSION be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any Content posted by any Users. You agree not to collect or store personal data about other users or members, or to submit any message board posting, e-mail, and/or chat room statement that contains or provides links to:
1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
3. Any false “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through FUSION. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;
4. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes “warez” (copyrighted software that is distributed illegally), “MP3” files of copyrighted music, copyrighted photographs, text, video, or artwork;
6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using an FUSION address or containing any references to FUSION (“spam”), “junk mail,” “chain letters,” “pyramid schemes,” or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
8. Any material that constitutes “stalking” or any other form of harassment of any member or User of FUSION or any other person;
9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (Including, but not limited to, “hacking,” “cracking,” or “phreaking”);
11. Any raffle, contest, or sweepstakes or any game involving wagering or otherwise requiring payment of a fee or other consideration by participants;
12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
13. Any Content that advertises or promotes any product or service;
14. Any Content that solicits funds, advertisers or sponsors;
15. Any Content that disrupts the normal functioning of the Chat Room or Message Board; or
16. Any Content or activity that FUSION, in its sole discretion, deems inappropriate for its Message Boards and/or Chat Rooms.
FUSION is pleased to hear from its loyal fans and welcomes your comments regarding the Sites. However, un WIRED PRODUCTIONS does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by unWIRED PRODUCTION’s professional staff seem to others to be similar to their own creative work. Accordingly, unWIRED PRODUCTION requests that your comments relate to those services and products offered by unWIRED PRODUCTIONS
, and that you not submit any creative ideas, suggestions, or materials. If, at the request of unWIRED PRODUCTIONS, you send certain specific submissions (e.g., postings to chat, boards, or sweepstakes) or, without the request of unWIRED PRODUCTIONS, you send unWIRED PRODUCTIONS creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of unWIRED PRODUCTIONS. None of the Submissions shall be subject to any obligation of confidence on the part of unWIRED PRODUCTIONS and unWIRED PRODUCTIONS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, unWIRED PRODUCTIONS shall exclusively own, and by sending your Submissions, you hereby exclusively grant to unWIRED PRODUCTIONS, all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, for use by all means, manners, methods and media, now known or hereafter devised, and unWIRED PRODUCTIONS and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Contests, Sweepstakes, Auctions And Promotions
From time to time, the FUSION Channel, 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.
Use at Your Own Risk
The Sites may contain inaccuracies or typographical errors. FUSION makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Sites or Content. Your use of the Sites, including, without limitation, the services and information, contained therein, is on an “as is” basis and is at your own risk. FUSION may make changes in the Content at any time for any reason.
If you are dissatisfied with any of the materials or services contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. FUSION’s rights shall survive any such cessation of use.
FUSION and unWIRED PRODUCTIONS’s EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, HEIRS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE SITE AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Young Hollywood MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
You assume all risks that the Sites, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error free. Any applications uploaded or downloaded or otherwise obtained through the Sites are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in viewing content you may be expose to rude, crude, indecent, or other offensive language or references. You agree that unWIRED PRODUCTIONS shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Sites.
Links and Advertisers The Sites contains links to third party sites that are not under the control of FUSION and unWIRED PRODUCTIONS is not responsible for any content on any linked site. If you access a third party site from the Sites, then you do so at your own risk. unWIRED PRODUCTIONS provides links only as a convenience and the inclusion of the link does not imply that unWIRED PRODUCTIONS endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree thatunWIRED PRODUCTIONS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. You should direct any concerns to such external site’s administrator or webmaster.
Use of “You” or “Your”
The words “You” or “Your” shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.
Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of unWIRED PRODUCTIONS
You agree to indemnify, defend and hold the Site, the unWIRED PRODUCTIONS Channel, the Parent Companies, and any of their Affiliates, and 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.
If you believe that your work has been copied and is accessible on the Sites in such a manner as to constitute copyright infringement, you may notify unWIRED PRODUCTIONS by providing unWIRED PRODUCTIONS’s copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. unWIRED PRODUCTIONS’s agent for notice of claims of copyright infringement on unWIRED PRODUCTIONS’s Network may be reached as follows:
Copyright Agent, Business & Legal Affairs
If you believe that any Content on the Sites violates any of your legal rights other than copyright, you may notify Young Hollywood by providing Young Hollywood with the following information:
An electronic or physical signature of the person authorized to act on behalf of the individual whose rights may have been violated. A description of the material that you believe violates your legal rights and the way in which you believe that your legal rights are violated. Your address, telephone number and email address A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the person whose rights may have been violated or you are authorized to act on behalf of such person. Your notice may be sent to the email address for copyright complaints provided above.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Young Hollywood LLC (“YH”) agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
A. First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of YH’s actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8.A. Your notice to us must be sent to:
Copyright Agent, Business & Legal Affairs
For a period of sixty (60) days from the date of receipt of notice from the other party, UWP and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or “UWP” to resolve the Dispute or Excluded Dispute on terms with respect to which you and UWP, in each of our sole discretion, are not comfortable.
B. Forums For Alternative Dispute Resolution
- (i) Arbitration. If we cannot resolve a Dispute within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section. If we cannot resolve an Excluded Dispute within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and “UWP” consent, in a writing signed by you and an Officer or legal representative of YH, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute”
(ii) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets Section 9 of the Federal Arbitration Act.
(iii) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and “UWP”; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(iv) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (F) below, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (F) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor UWP shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
C. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
D. Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by “YH” to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or UWP’s intellectual property rights (including such YH may claim that may be in dispute), UWP’s operations, and/or UWP’s products or services.
E. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
F. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party.
G. Federal and State Courts in Los Angeles. Except to the extent that arbitration is required and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles, California. Accordingly, you and UWP consent to the exclusive personal jurisdiction and venue of such courts for such matters.
A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Modified: August 1st, 2015