Date October 28, 2013
Welcome to theACAs.com, a voting and information site (the "Site") for American Country Awards™ (collectively, "ACAs" or "the Show"). TheACAs.com is operated by Bob Bain Productions, Inc. and its affiliates, including, Fox Broadcasting Company (collectively, "us", "we" or the "Company").
Registration Data: In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (including but not limited to registration for voting, sweepstakes and other promotional activity) (collectively, "Registration Data"), and (b) to maintain and promptly update the Registration Data to keep it accurate at all times. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your Site use and access and refuse any and all current or future use of the Site and/or any Services (or any portion thereof) to you. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the username, email address or password of another user at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.
Trademarks: "American Country Awards" Company. The said logos and trademarks may not be used, including, but not limited to, as part of service marks, trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, as solely determined by Fox Broadcasting Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fox Broadcasting Company which can be withheld or denied for any reason whatsoever.
User Conduct: The Site and the Services are offered for your personal use only and may not be used for commercial purposes. Company reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for any and all information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content ("Content") that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site or the Services, including, without limitation, if you post on a third party website in connection with the Site or the Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Site and the Services. You understand that Company does not control the User Content posted by users via the Site and the Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Site and the Services, please report this immediately to the Company at firstname.lastname@example.org. Company assumes no responsibility for monitoring the Site and the Services for inappropriate Content or conduct. If at any time, Company chooses in its sole discretion to monitor the Site and/or the Services, Company nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.
You agree NOT to use the Site or the Services to:
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Site or the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with Applicable Law or the legal process.
Unsolicited User Submissions: The Company does not knowingly accept, via the Site or the Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it (or forwarding it). Therefore, any similarity between an unsolicited submission and any elements in any Company creative work (or affiliated company's creative work) including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Site or the Services, however all comments, suggestions, graphics, ideas (including but not limited to product, promotion and advertising ideas), and other information or materials you submit to us through this Site or the Services otherwise will become and remain our exclusive property, including any future rights associated with such submissions, even if these terms and conditions are later modified or terminated. This means that you disclaim and waive any proprietary rights in such submissions, you waive the right to make any claim against Company, its parents or affiliates relating to unsolicited submissions, and you acknowledge our unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, your review or approval or other obligation to you or any other person or entity. It also means that we have no obligation to keep your submissions confidential. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Access Interruption: The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, the Site and the Services. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any site or combination thereof, or for any incorrect or inaccurate information, whether caused by Site or Service users, tampering, hacking, or by any of the equipment, program or programming associated with or utilized on the Site or Services, or theft or destruction or unauthorized access to, or use of, the Site or the Services. The Company further is not responsible for loss of data, corruption, inability to access or any hardware, software or application issue preventing the loss, collection or retrieval of data used to administer the Site or the Services or any Site or Service activity. The Company is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating on the Site or in the Services, or downloading materials from the Site or the Services or use of the Site or the Services. The Company from time to time and at any time may change, alter, modify, terminate, or suspend the Site or the Services in whole or in part as solely determined by Company without notice.
No Representations Or Warranties: THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation of Liability: IN NO EVENT WILL TEENASAURUS ROX, INC. and its affiliates (including without limitation, FOX BROADCASTING COMPANY), THEIR RESPECTIVE pARENT COMPANIES, affiliates and related companies, SPONSORS, CONTENT PRODUCERS, OR their respective DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS (collectively, the "released parties") BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 COMPANY FOR THE SITE AND THE SERVICES, BUT IN NO CASE WILL THE RELEASED PARTIES' LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination: The Company may terminate your use, delete your votes and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
Indemnity: You agree to indemnify and hold the Released Parties, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or related to, your access to or use of the Services or the Site, your conduct in connection with the Services or the Site, or any violation of this Agreement or of any law or the rights of any third party.