Welcome to the Swerve Festival web site at http://www.swervefestival.com (“Site”) which is owned by FUEL TV, Inc. (“FUEL TV”). This Site is operated by FUEL TV and materials on the Site are primarily owned by FUEL TV. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FUEL TV.
FUEL TV has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use (“Agreement”) and related Privacy Policy which constitute a legally binding Agreement between you and FUEL TV. Please read these Terms of Use carefully and save them. By using the Site you agree to be bound by these Terms of Use and related Privacy Policy, whether you are a “Visitor” (which means that you simply browse the Site) or you are a member of the “Crew” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Crew member. You are only authorized to use the Site (regardless of whether your access or use was intended) if you agree to abide by all applicable laws and to these Terms of Use. If you do not agree with these Terms of Use or the Site’s Privacy Policy, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at user@Fuel.tv.
This Agreement includes FUEL TV’s policy for acceptable use of the Site’s Services and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site Services. In order to participate in certain Site Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Site Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
FUEL TV reserves the right to modify or amend this Agreement without notice at any time and such modification shall be effective upon posting by FUEL TV on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator user@Fuel.tv with your concerns.
ACCESS AND USE
FUEL TV reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.
Use of the Site Services is void where prohibited. By using the Site, you represent and warrant that (a) if you register with the Site, all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. If you register with the Site, as a Crew member or otherwise, your registration or membership may be terminated without warning, if we believe that you are under 14 years of age.
If you sign up to become a Crew member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Crew member at any time or to disclose your password to any third party. You agree to notify FUEL TV immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of FUEL TV or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting FUEL TV in writing at FUEL TV, Inc., Business & Legal Affairs, 10201 West Pico Boulevard, Los Angeles, California 90035, or email at user@Fuel.tv.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. The only exception to this is policy if the materials are provided to Users by the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright related thereto, will at all times remain the sole property of the Site and/or FUEL TV.
BULLETIN BOARDS AND CHAT ROOMS
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). However, FUEL TV accepts no responsibility whatsoever in connection with or arising from such Messages.
FUEL TV does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by FUEL TV prior to posting and do not necessarily reflect the opinions or policies of FUEL TV. FUEL TV makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, FUEL TV reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
FUEL TV assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time FUEL TV chooses, in its sole discretion, to monitor the Forums, FUEL TV nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that FUEL TV accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; violate the privacy rights, publicity rights, contract rights, copyrights, trademarks, any intellectual property rights or any other rights of any other person. By submitting Messages to Forums, you represent to FUEL TV that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner; improperly assume or claim the identity, characteristics or qualifications of another person; are for purposes of spamming; contain any virus or other harmful component; are libelous, or an invasion of privacy or publicity rights or any other third party rights; or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of FUEL TV and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FUEL TV sees fit.
You agree to release FUEL TV, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
UNSOLICITED SUBMISSIONS
FUEL TV does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FUEL TV’s policy is to simply delete any such submission without reading it or forwarding it to other FUEL TV staff. Therefore, any similarity between an unsolicited submission and any elements in any FUEL TV creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to FUEL TV via this Site, however, these submissions become the property of FUEL TV and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FUEL TV sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against FUEL TV, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
EMPLOYMENT OPPORTUNITIES
FUEL TV may, from time to time, post FUEL TV employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to FUEL TV in response to employment listings, you are authorizing FUEL TV to utilize this information for all lawful and legitimate hiring and employment purposes. FUEL TV also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by FUEL TV to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that FUEL TV will review any or all of the information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact FUEL TV, Inc. Business & Legal Affairs at 10201 West Pico Boulevard., Los Angeles, California 90035 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or FUEL TV, including its respective employees, agents, directors, officers and shareholders.
If FUEL TV has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that FUEL TV is connected with, operates or controls these web sites.
FUEL TV is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with FUEL TV. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.
FUEL TV takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
DISCLAIMER OF LIABILITY AND WARRANTIES
While FUEL TV does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FUEL TV DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that FUEL TV, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that FUEL TV is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that FUEL TV is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site, even if FUEL TV has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FUEL TV’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FUEL TV for the Site Services.
U.S. EXPORT CONTROLS
Software available in connection with the Site Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
INDEMNITY
You agree to defend, indemnify and hold harmless FUEL TV, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
TERMINATION
FUEL TV reserves the right to immediately terminate your use of, or access to, this Site at any time if FUEL TV decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FUEL TV, in its sole discretion, considers to be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify FUEL TV of your copyright infringement claim in accordance with the following procedure.
FUEL TV will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Manager, Business & Legal Affairs
FUEL TV, Inc.
10201 West Pico Boulevard
Building 103
Los Angeles, California 90035
e-mail: DMCA@FoxCable.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512©(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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;
- 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.
- E-mails sent to DMCA@FoxCable.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
OTHER
This Agreement is accepted upon your use of the Site or any of the Site Services and may be further affirmed by you becoming a registered user of the site (as a Crew member or otherwise). This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and FUEL TV regard the use of the Site Services. The failure of FUEL TV to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision. Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
SWEEPSTAKES AND/OR CONTESTS
Sweepstakes, contests, games and other promotions run on FUEL TV’s web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. FUEL TV may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by FUEL TV to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the FUEL TV Networks, LLC Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. FUEL TV requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.
MISCELLANEOUS
If any of these terms of use are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law.
COPYRIGHTS (C) / TRADEMARKS (tm)
(C) 2003-3005 FUEL TV, Inc. All trademarks are owned by 20th Century Fox and its related entities or are used under license. All rights reserved. All materials contained in FUEL TV’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.