Americans in Focus Terms of Use Agreement

Effective February 5, 2010

Welcome to the Americans in Focus web site http://www.Americansinfocus.org (the “Site”) which is owned and operated by Fox Sports Net, Inc. (“FSN” “we” or “us”). The materials on the Site are primarily owned by FSN. 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 FSN. The  services offered on the Site include features, content, applications offered from time to time by FSN in connection with the Site  and other offerings (collectively, the “Site Services”). The Site Services are hosted in the United States of America.

This Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the Site Services. By using the Site Services, you agree to be bound by this Agreement. The term “User” refers to any individual that uses or simply browses the Site. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately.

This Agreement includes FSN’s policy for acceptable use of the Site Services and Content posted on the Site, and 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 stated, or provided for, in 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.

You may receive a copy of this Agreement by emailing us at FSWest.feedback@fox.com Subject: Americans In Focus Terms of Use Agreement. FSN may modify this Agreement from time to time and such modification shall be effective upon posting by FSN 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 review this Agreement regularly to ensure you are updated as to any changes.

FSN reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. FSN expressly reserves the right to restrict, suspend, or terminate your access to any part of Site Services if FSN determines, in its sole discretion, that you pose a threat to FSN and/or its Users.

1. Eligibility. Use of the Site Services is void where prohibited. By using the Site Services, you represent and warrant that your use of the Site Services does not violate any applicable law or regulation.

 

2. Term. This Agreement shall remain in full force and effect while you use the Site Services. FSN may terminate your use of the Site or Site Services at anytime without warning. Even after your use is terminated, this Agreement will remain in effect, including without limitation Sections 4-15.

3. Non-commercial Use by Users. The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FSN. Illegal and/or unauthorized use of the Site Services or unauthorized framing of or linking to the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

4. Propriety Rights in Content on the Site.

A. The Site Services contain text, files, images, photos, video, stills, audio, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) of FSN or its licensors (“FSN Content”). FSN Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and FSN, FSN owns and retains all rights in the FSN Content and the Site Services. FSN hereby grants you a limited, revocable, nonsublicenseable license to use the FSN Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any FSN Content found on this Site you may submit a request for permission to reproduce or distribute such FSN Content by contacting FSN in writing at:

1. For requests related to video content contact: Fox Sports Net, Inc., c/o Fox Cable Networks, Business & Legal Affairs. 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

2. For request related to all other content (including reprints of written content posted on the Site) contact: Fox Sports Net, Inc. c/o Fox Cable Networks, Business & Legal Affairs. 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

You are also strictly prohibited from creating works or materials (including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) that derive from or are based on the FSN Content or materials contained on the Site or through the Site Services. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. The only exception to this policy is if FSN provides the material to Users of 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 or other rights related thereto, will at all times remain the sole property of FSN.

 

B. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site or through the Site Services.

5. Activity Prohibited.

A. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 5), please send an e-mail directly to FSWest.feedback@fox.com and include the nature of the misuse and include the URL of the related page in your e-mail.

B. The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. FSN reserves the right to investigate and take appropriate legal action against anyone who, in FSN's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to any of the following activities:

1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement or theft of trade secrets.

2. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services.

3. attempting to impersonate another User or person.

4. using any information obtained from the Site Services in order to harass, abuse, or harm another person.

8. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Site Services on behalf of that person.

9. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.

D. With respect to the Site’s video player(s), you must not modify, enhance, or otherwise alter in any way any portion of a video player or its underlying technology. This restriction includes disabling or otherwise modifying a video service in a manner that enables Users to view the Content without using the Site’s video player(s). Also, you may not embed the Site’s video player(s) on any website or other location that contains Prohibited Content. For purposes of this Agreement, “Prohibited Content” includes, but is not limited to the following types of Content that, in the sole discretion of FSN:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. exploits people in a sexual or violent manner;

3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

4. solicits personal information from anyone under 18;

5. provides any telephone numbers, street addresses, last names, URLs or email addresses;

6. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing unauthorized copies of movies or television series or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); or

9. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

 

6. Unsolicited Submissions. FSN does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FSN's policy is to simply delete any such submission without reading it or forwarding it to other FSN staff. Therefore, any similarity between an unsolicited submission and any elements in any FSN creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to FSN via this Site (including, without limitation, through any public forum) however, such submissions and any copyright become the property of FSN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSN 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 FSN, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

7. Employment Opportunities. FSN may, from time to time, post FSN 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 FSN in response to employment listings, you are authorizing FSN to utilize this information for all lawful and legitimate hiring and employment purposes. FSN 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 this Agreement or contained in the Site shall constitute a promise by FSN to contact, interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that FSN will review any or all of the information submitted to it by Users of the Site.

8. Jurisdictional Issues. FSN makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

9. Disclaimers. FSN is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Inclusion of any linked website on the Site or the Site Services does not imply approval or endorsement of the linked website by FSN. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with FSN, you do so at your own risk. When visiting any third-party sites you should refer to each such web site’s individual “Terms of Service” and not rely on this Agreement in any way. FSN takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. FSN is not responsible for the conduct, whether online or offline, of any User of the Site Services. FSN 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, or alteration of, any User communication. FSN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall FSN be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a FSN event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and FSN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FSN cannot guarantee and does not promise any specific results from use of the Site Services.

10. Limitation on Liability. IN NO EVENT SHALL FSN AND/OR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF FSN AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FSN AND/OR THE SITE 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 FSN AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF USE.

11. U.S. Export Controls. Software available in connection with the Site Services (the "Software") is further subject to United States of America 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.

12. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site.

13. Indemnity. You agree to indemnify and hold FSN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; (c) any breach of your representations and warranties set forth above.

14. Other. This Agreement is accepted upon your use of the Site or any of the Site Services. This Agreement constitutes the entire agreement between you and FSN regarding the use of the Site Services. The failure of FSN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The 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.

15. Copyrights © / Trademarks (TM). © 2009 Fox Sports Net, Inc. FSN-related trademarks are owned by FSN and its related entities or are used under license. All rights reserved. All FSN Content contained in the Site Services 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 except as may otherwise be allowed for in this Agreement.

Please contact us at: FSWest.feedback@fox.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.