Terms of Service
Welcome to mammamiafans.com. This site is governed by NBC Universal privacy policy and terms of service.
These Terms of Service (the "Agreement") set forth the terms and
conditions that apply to your use of the Web site located at http://www.mammamiafans.com and the services and materials
offered thereon (the "Service") which are offered to you by NBC
Universal, Inc. (referred to herein as "Mamma Mia
Fans"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this
Agreement, please discontinue your use of the Service.
1. Restrictions on Use
The Service is a computer online service. It is accessible to you through a
personal computer, or other access device at www.mammamiafans.com
(the "MAMMA MIA FANS Site") using a
communications connection (e.g., modem and telephone line). As part of the
Service, you will be provided with services that may include information,
editorial content, chat rooms, links to other Web sites and other computer
services that MAMMA MIA FANS may decide to
offer, subject to the terms hereof. MAMMA MIA FANS
may, in its sole discretion, discontinue or alter any aspect of the Service,
including, but not limited to,
i. restricting the time of availability,
ii. restricting the availability and/or scope of the Service for certain
platforms (i.e., computer types and operating systems),
iii. restricting the amount of use permitted, and
iv. restricting or terminating any User's right to use all or part of the
Service, at any time in MAMMA MIA FANS' sole
discretion and without prior notice or liability. You are responsible for all
charges (e.g., telephone) associated with connecting to the Service through an
available access number. You are also responsible for obtaining or providing
all telephone access lines, telephone and computer equipment (including modem),
or other access device, necessary to access the Service. You certify that you
are an individual (i.e., not a corporation). The Service is owned and operated
by MAMMA MIA FANS and its affiliated companies
and contains material that is derived in whole or in part from material
supplied and owned by MAMMA MIA FANS and other
sources. Such material is protected by copyright, trademark, and other
applicable laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works based on, or distribute in
any way any material from the Service, including but not limited to code and
software ("Material"). You may, however, download Material from the
Service for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices and use the Material in accordance
with all restrictions applicable to your use if the Service in general. In the
event that you download Material from the Service, such Material is licensed to
you by MAMMA MIA FANS and MAMMA MIA FANS does not transfer title to any such
Material to you.
2. Membership Rules and Guidelines
a. Registration
Should MAMMA MIA FANS choose to provide member
based services, when you register to use these Services, you will be required
to provide certain information about yourself. You agree to provide true,
accurate and complete information about yourself, and to update this
information when it changes. If you provide any information that is untrue or
inaccurate, not current, or incomplete, or if MAMMA
MIA FANS suspects that your information is untrue or inaccurate, not
current, or incomplete, MAMMA MIA FANS may, in
its sole discretion, suspend or terminate your membership and refuse current or
future access to the Service. Any personal information supplied hereunder will
be subject to the terms of our privacy policy. Children under the age of 13 may
not register with MAMMA MIA FANS. The Service
is currently provided for free. MAMMA MIA FANS
reserves the right to change the nature of this relationship at any time.
b. Passwords
Should MAMMA MIA FANS provide to you a password
that allows you to access certain parts of the Service, you will be solely
responsible for maintaining the confidentiality of the password and your account
information, and are fully responsible for all activities that occur under your
password or account. You agree that you will immediately notify MAMMA MIA FANS of any unauthorized use of your
password or account, or any other breach of security, and that you will log off
of the Service at the end of each session to prevent fraud on your account by
third parties.
c. General
MAMMA MIA FANS may choose to send you e-mail
newsletters on a variety of topics - for example, informing you of membership
benefits and features, letting you know of problems with the site or with
services offered by MAMMA MIA FANS, or
presenting you with the opportunity to buy selected products and services. You
may elect during registration not to receive these e-mail newsletters, and you
may start or stop receiving such e-mail newsletters at any time by sending an
e-mail to an address that shall be designated for that purpose. With your
permission, MAMMA MIA FANS may send you e-mails
on behalf of pre-screened third parties containing promotional offers or
opportunities that we believe may be of interest to you. You may elect during
registration to receive these e-mails, and you may start or stop receiving such
e-mails at any time by sending an e-mail to an account that shall be designated
for that purpose.
d. Rules for Use of the Service
1. Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
i. restrict or inhibit any other user from using and enjoying the Service;
ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation, any images or other material depicting Nudity as
herein defined and as determined by MAMMA MIA FANS
in its sole discretion;
iii. post or transmit comments containing harassing or offensive language,
including sexual references, sexual nicknames, racial slurs, hate propaganda,
hate mongering, swearing, or rude or deliberately offensive comments as
determined by MAMMA MIA FANS in its sole
discretion, or engage in disruptive activities online, including excessive use
of scripts, sound waves, scrolling (repeating the same message over and over),
or use of viruses, bots, worms or trojan horses;
iv. post or transmit any information, software or other material that is
fraudulent or violates or infringes the rights of others, including, without
limitation,material that violates privacy or publicity rights, or infringes
copyright, trademark or other proprietary rights, without first obtaining
permission from the owner or right holder, including, but not limited to WAREZ
(copyrighted material distributed without permission);
v. post or transmit any information, software or other material that contains a
virus or other harmful component;
vi. post or transmit content that encourages or provides instructional
activities about illegal activities, including, but without limitation,
hacking, cracking or phreaking;
vii. post, transmit or in any way exploit any information, software or other
material for commercial purposes or that contains advertising, "junk
mail," "spam," or "chain letters";
viii. solicit other users to join, become members of, or contribute money to
any online service or other organization, advocate or attempt to get users to
join in legal or illegal schemes or plan or participate in scams involving
other users;
ix. impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity;
x. resell, redistribute, broadcast or transfer the information or use the
information derived from the Service in a searchable, machine-readable
database;
xi. use the Service to collect personally identifying information about users
of the Service in violation of our Privacy Policy;
xii. disguise a file type to thwart MAMMA MIA FANS'
detection processes;
xiii. post or transmit any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law;
xiv. submit to the Live Directory multiple web sites with different URLs that
re-direct a user to one web page;
xv. submit to Live Directory more than one URL for a single category;
xvi. update Live Directory listings with intent to distort or misrepresent
them, including but not limited to changing titles of the entries, descriptions
of the entries, URLs, or keywords, or
xvii. attempt to gain unauthorized access to other computer systems or networks
connected to the Service.
For the purposes of this Agreement, "Nudity" shall include, without
limitation, images depicting persons with unclothed genitalia or persons
wearing transparent clothing over genitalia and shall be determined in MAMMA MIA FANS' sole discretion. You agree that you
will not use the Service, including the information provided therein and all
related equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. MAMMA MIA
FANS, at its sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision. You may not use
any Material in connection with any site or other use that contains or is associated
with information or content prohibited by this section.
e. Monitoring
MAMMA MIA FANS has no obligation to monitor the
use of the Service by members. You acknowledge and agree that MAMMA MIA FANS reserves the right to, and may from
time to time, monitor any and all information transmitted or received through
the Service for operational and other purposes. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes in
accordance with our Privacy Policy. Use of the Service constitutes consent to
such monitoring. Furthermore, MAMMA MIA FANS
reserves the right at all times to disclose any information posted on any
portion of the Service as necessary to satisfy any law, regulation or
governmental request, or to refuse to post, or to remove, any information or
materials, in whole or in part, that in MAMMA MIA FANS'
sole and absolute discretion are objectionable or in violation of this
Agreement.
f. Personal Safety.
When using the Service, please be certain that anything you say does not
compromise your personal safety. Do not provide your name, phone number, postal
or e-mail address, your password, or any other personally identifying
information to people you do not know. Do not continue any conversation online
that makes you feel uncomfortable.
3. User Content
The term "Content" shall include any materials or information
submitted by you, including, without limitation, your name, likeness, videos,
photographs, recordings, writings, statements, audio materials, audiovisual
materials, ideas or other material furnished by you to MAMMA
MIA FANS through the website or otherwise.
ORIGINALITY; RIGHTS: Any Content that you post or upload on
this site must be either (a) an original work by you that does not copy or use
other works (such as dialogue from plays, recordings of musical works or clips
from other videos, television programs or motion pictures) or (b) Content for
which you have all rights and permissions necessary to grant the rights
hereunder. In addition, your Content must not infringe or violate any rights of
any third party or entity, including, without limitation, copyright, trademark,
defamation, privacy, publicity, false light, idea misappropriation, intentional
or negligent infliction of emotional distress, or any contractual rights.
Before posting Content, you must have all the rights, licenses, permissions and
consents necessary to submit the Content and to grant all of the rights that
you have granted to MAMMA MIA FANS under these
Terms. Before you post content, you must have the express consent of everyone
who appears in the Content to submit the Content for use, exhibition and other
exploitation in any manner and in any and all media, whether now existing or
hereafter discovered, throughout the world, in perpetuity. If you submit an
image of someone who is under 18 years of age who is not your child, you must
have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting Content to MAMMA MIA FANS you hereby acknowledge and agree that
you are granting MAMMA MIA FANS (including
without limitation NBC Universal, Inc., its licensees, successors and assigns,
the perpetual and irrevocable, non-exclusive right and license to: (a) use,
copy, create derivative works from, reproduce, distribute, display, exhibit,
host, cache, store, archive, index, categorize, comment on, tag, transmit,
broadcast, stream, edit, alter, modify, synchronize with visual material,
create algorithms based thereon, and transcode the Content to appropriate media
formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and
sell, license, assign and otherwise transfer to third parties the right to use,
exhibit and otherwise exploit the Content (in whole or in part and as altered by
MAMMA MIA FANS in its sole discretion)
throughout the world in perpetuity, in any and all media, whether now existing
or hereafter devised, including, without limitation, on MAMMA MIA FANS's website, on other websites, on the NBC television
network, and on all owned and affiliated broadcast and cable networks, as well
as in connection with any distribution or syndication arrangement with third
parties or third party sites, in any media format or medium and through any
media channels and for any purpose, including, without limitation, downloads,
streams, in audio visual recordings, motion pictures, television programs,
productions, advertising, promotion and publicity, including, without
limitation, advertising, promotion and publicity for,MAMMA
MIA FANS, nbc.com and other websites, television channel(s) and its
programming, and all owned and affiliated broadcast and cable networks and
channels and their programming, all without further notice to, consent from or
payment to you. You waive any and all "moral rights" you may have in
the Content.
Without in any way limiting the foregoing, you acknowledge and agree that MAMMA MIA FANS its licensees, successors and assigns,
shall have the right to sell, license, assign and otherwise transfer any and
all of the rights granted by you to MAMMA MIA FANS
under this Agreement, and to display any advertising, publicity, promotional
materials and distribution rights in connection with your Content. You
acknowledge and agree that MAMMA MIA FANSits
licensees, successors and assigns, will be entitled to retain any and all
revenue generated from any sales, licenses, assignments and other transfers of
the rights granted by you hereunder, as well as any and all revenue generated
by the display of any advertising, publicity, promotional materials or
distribution rights in connection with your Content. Nothing in this Agreement
obligates or may be deemed to obligate MAMMA MIA FANS
or any other person or entity to exercise any of the rights granted by you
under this Agreement. MAMMA MIA FANS andtheir
successors, licensees and assigns, will have the unlimited right to assign this
Agreement and the rights granted by you under this Agreement at any time, in
whole or in part, to any party.
You grant the rights hereunder whether or not your Content or any part thereof
is actually used by MAMMA MIA FANS. You
acknowledge that your consideration for the rights you grant in your Content is
the possibility that MAMMA MIA FANSits
licensees, successors and/or assigns will review or use your Content. You will
not receive any further compensation of any kind for your Content or the use
thereof, and you agree that Mamma Mia Fans, its
licensees, successors and/or assigns in their sole discretion, shall have the
right to give you no credit or determine in what form to give you credit for
any use of your Content. Your Content will not be acknowledged or returned. You
acknowledge and agree that your Content is being sent voluntarily, and not in
confidence, and that no confidential relationship is intended or created
between MAMMA MIA FANS MAMMA
MIA FANS and/or any other person or entity, on the one hand, and you, on
the other hand, by your Content of the Content.
In addition to all of the legal and equitable rights and remedies available to MAMMA MIA FANS in connection with these terms or your
Content, you acknowledge and agree that MAMMA MIA FANS
shall have the right, in its sole discretion, not to post the Content on any
website, to remove the Content from any website on which it has been posted, and
not to use, exhibit or otherwise exploit your Content in any manner whatsoever.
Furthermore, MAMMA MIA FANS shall have the
right to suspend or terminate your access to any MAMMA
MIA FANS or related website and refuse to grant you access to use any MAMMA MIA FANS or related website in the future with
or without warning if MAMMA MIA FANS, in its
sole discretion, believes you have: (i) violated or tried to violate the rights
of MAMMA MIA FANS; or (ii) violated or tried to
violate any of the representations, warranties or other terms or conditions of
this Agreement; or (iii) acted inconsistently with any of the terms or
conditions of this Agreement. MAMMA MIA FANS
has no obligation to inform you of any decision not to post, to remove, or not
to use, exhibit or otherwise exploit your Content.
You recognize that other persons, including MAMMA MIA
FANS own employees, may have submitted to MAMMA
MIA FANS or others, or made public, or may in the future originate and
submit, or make public, materials that are similar or identical to your
Content. You acknowledge and agree that MAMMA MIA FANS,
its licensees, successors and/or assigns shall have the right to use such
similar or identical materials, and that you will not be entitled to any
compensation because of MAMMA MIA FANS' or, its
licensees', successors' and/or assigns' use of such similar or identical
materials. Nothing in this Agreement, or your submission of the Content, shall
be deemed to place you in any different position from any other member of the
public.
USE OF NAME AND LIKENESS: By sending MAMMA
MIA FANS your Content, you consent to the recording, use and reuse by MAMMA MIA FANS, their licensees, successors and
assigns, of your voice, actions, likeness, name, appearance, performance,
biographical material, and any other identifying information, including,
without limitation, any information contained in your Content (collectively,
"Personal Elements"), as edited, altered, fictionalized or modified
by NBC Universal, Inc.or MAMMA MIA FANS, in
their sole discretion, in any and all media now known or hereafter devised,
throughout the world, in perpetuity, including, without limitation, in and in
connection with MAMMA MIA FANS, the MAMMA MIA FANS website, or related websites, in and
in connection with any television programs and other productions, and in and in
connection with advertising, promotion and publicity. You acknowledge and agree
that NBC Universal, Inc.,MAMMA MIA FANS, their
licensees, successors and assigns, may use all or any part of your Personal
Elements, and may make any changes that any of them may deem necessary, in
their sole discretion, including altering, fictionalizing or modifying them
regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in this Agreement,
you shall continue to own all rights in and to the Content. To the extent your
Content contains other materials or elements owned by MAMMA
MIA FANS, NBC Universal, Inc. or any other affiliated company, such as
characters or other elements protected by copyright, trademark or other laws,
your rights to make any other use of the Content will continue to be governed
by and may be limited by other applicable laws.
4. Content on the Service.
Communications and Content posted through the Service are provided by users
such as you who are unaffiliated with MAMMA MIA FANS,
and the user providing each such Communication or Content is solely responsible
for the content thereof. This means that you, and not MAMMA
MIA FANS, are entirely responsible for all Content and Communications
that you upload, post, email or otherwise transmit via the Service. In using
the Service or receiving e-mail messages from members through the Service, you
should not assume that such messages have been reviewed by MAMMA MIA FANS, that such Communications contain
correct information, or that the persons posting such Content and
Communications have accurately identified themselves and/or their affiliation
with any third party. You understand that by using the Service, you may be exposed
to Content and Communications that are offensive, indecent, or objectionable.
Under no circumstances will MAMMA MIA FANS be
liable in any way for any Communication, including, but not limited to,
liability for any errors or omissions in any Content or Communication, or for
any loss or damage of any kind incurred as a result of the use of any Content
or Communication posted, e-mailed, or otherwise transmitted via the Service.
5. Rules for Chat rooms, Message Boards, and Other User-Supplied
Material
Portions of this Site provide you and other users an opportunity to submit,
post, display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information, messages,
transmissions or material to us, the Site or others ("Post"
or "Postings"). Postings do not reflect the views of
MAMMA MIA FANS, and MAMMA
MIA FANS does not have any obligation to monitor, edit or screen any
Postings, but may do so in its sole discretion. Notwithstanding anything else
in these Rules of Conduct, MAMMA MIA FANS
should not be seen as endorsing any Post in any way. Neither MAMMA MIA FANS nor its parent company, its respective
officers, directors, and employees, subsidiaries and/or affiliates shall be
liable for any Posting that is in violation of this agreement.
You acknowledge that anything you submit to an MAMMA
MIA FANS Site by way of any Posting is routed through MAMMA MIA FANS's servers and the Internet and that,
therefore, you have no expectation of privacy with regard to any such
submission. You acknowledge that the Posting and features on MAMMA MIA FANS Sites are postings for public and not
private communications. Please keep in mind that whenever you give out personal
information online, for example, via message boards or chat, that information
can be collected and used by people you don't know. We cannot guarantee the
security of any information you disclose online; you make such disclosures at
your own risk. (Users under the age of 18 should be especially careful not to provide
any personally identifying information while using chat rooms or message
boards. As set forth in MAMMA MIA FANS's Terms
and Conditions of use, users of chat rooms and message boards must follow
acceptable standards of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby agree not to post
any materials that
a. interfere with anyone else's use of the Site;
b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or
threatening in any way;
c. encourage anyone to break the law;
d. violate anyone's copyright, trademark or other property right;
e. interfere with the privacy of any other user;
f. contain a virus or any other harmful component; or
g. contain false or misleading statements of fact or descriptions of the origin
of the material or the communication. You agree to comply with any additional
terms which are referred to on this Site or any subsite within the website.
The message boards provided on the MAMMA MIA FANS
Site are for the purpose of exchanging views and information about television
programming. MAMMA MIA FANS reserves the right
to terminate the account or suspend the posting privileges of anyone who Posts
materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous,
obscene, pornographic, profane, threatening, or unlawful material or any
material that constitutes or encourages conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise violate any law.
Although MAMMA MIA FANS may from time to time
monitor or review bulletin boards, chatrooms, discussions, postings,
transmissions, and the like on the Site, MAMMA MIA
FANS is under no obligation to do so and assumes no liability or responsibility
arising from the contents of any such communications or for any defamation,
error, inaccuracy, libel, obscenity, or profanity contained in any such
communication. MAMMA MIA FANS may change, edit,
or remove any user material or conversations that are illegal, indecent,
obscene, or offensive, or that violate MAMMA MIA FANS's
policies in any way. Further, MAMMA MIA FANS
reserves the right to remove or edit content from any Forum at any time and for
any reason although we have no duty to do so. MAMMA
MIA FANS will fully cooperate with any law enforcement authorities or
court order requesting or directing MAMMA MIA FANS
to disclose the identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any anner
which does or is intended to promote or generate revenue for any business
enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation,
Postings) violates any of the terms of this agreement, please click here to
send us a message about it. We will not respond to your message and we reserve
the right to take or refrain from taking any or all steps available to us once
we receive any such message.
6. Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
merchant. MAMMA MIA FANS will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such merchants on the
Service.
7. Disclaimers
MAMMA MIA FANS is not responsible for any
incorrect or inaccurate Content posted on the MAMMA
MIA FANS Website or in connection with the MAMMA
MIA FANS Services, whether caused by Users of the MAMMA MIA FANS Services or by any of the equipment or
programming associated with or utilized in the MAMMA
MIA FANS Services. Profiles created and posted by Members on the MAMMA MIA FANS Website may contain links to other
websites. MAMMA MIA FANS is not responsible for
the Content, accuracy or opinions expressed on such websites, and such websites
are in no way investigated, monitored or checked for accuracy or completeness
by MAMMA MIA FANS. Inclusion of any linked
website on the MAMMA MIA FANS Services does not
imply approval or endorsement of the linked website by MAMMA
MIA FANS. When you access these third-party sites, you do so at your own
risk. MAMMA MIA FANS takes no responsibility
for third party advertisements which are posted on the MAMMA
MIA FANS Website or through the MAMMA MIA FANS
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. MAMMA MIA FANS is
not responsible for the conduct, whether online or offline, of any User of the MAMMA MIA FANS Services. MAMMA
MIA FANS 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 or Member communication. MAMMA MIA FANS 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 MAMMA
MIA FANS 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 MAMMA
MIA FANS Services. Under no circumstances shall MAMMA
MIA FANS be responsible for any loss or damage, including personal
injury or death, resulting from use of the MAMMA MIA
FANS Services, attendance at a MAMMA MIA FANS
event, from any Content posted on or through the MAMMA
MIA FANS Services, or from the conduct of any Users of the MAMMA MIA FANS Services, whether online or offline.
The MAMMA MIA FANS Services are provided
"AS-IS" and as available and MAMMA MIA FANS
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. MAMMA MIA FANS cannot
guarantee and does not promise any specific results from use of the MAMMA MIA FANS Services.
8. Limitation on Liability. IN NO EVENT SHALL MAMMA MIA FANS 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 SERVICES,
EVEN IF MAMMA MIA FANS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, MAMMA MIA FANS'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 MAMMA
MIA FANS FOR THE MAMMA MIA FANS SERVICES
DURING THE TERM OF MEMBERSHIP.
9. Indemnification
You agree to defend, indemnify and hold harmless NBC Universal, Inc., its
affiliates and their respective directors, officers, employees and agents from
and against any and all claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs and expenses (including reasonable
attorneys fees) arising out of or accruing from (a) any material posted or
otherwise provided by you that infringes any copyright, trademark, trade
secret, trade dress, patent or other intellectual property right of any person
or defames any person or violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use of the Service; (c)
any breach of any of the representation, warranties or other terms or
conditions of the Content Requirements or any use of your Content or Personal
Elements (d) any non-compliance by you with the terms and conditions of this
Agreement; and (e) claims brought by persons or entities other than the parties
to this Agreement arising from or related to your access and use of the Service
or your Content to the Service, including the information obtained through the
Service.
10. Termination
MAMMA MIA FANS may, in its sole discretion,
terminate your password, account (or any part thereof) or use of the Service,
or remove and discard any Communication transmitted by you, or information
stored, sent, or received via the Service without prior notice and for any
reason, including, but not limited to: (i) concurrent access of the Service
with identical user identification numbers, (ii) permitting another person or
entity to use your user identification number to access the Service, (iii) any
other access or use of the Service except as expressly provided in this
Agreement, (iv) any violation of the terms and conditions of this Agreement or
the rules and regulations relating to the use of, the software and/or data
files contained in, or accessed through, the Service, (v) tampering with or
alteration of any of the software and/or data files contained in, or accessed
through, the Service, or (vi) failure to use the Service or portion thereof on
a regular basis. You may terminate your membership hereunder upon thirty (30)
days written notice by you to MAMMA MIA FANS of
your intent to terminate this Agreement. Termination, suspension, or
cancellation of this Agreement or your access rights shall not affect any right
or relief to which MAMMA MIA FANS may be
entitled, at law or in equity. Upon termination of this Agreement, all rights
granted to you will automatically terminate and immediately revert to MAMMA MIA FANS and its licensors.
11. Trademarks
The Universal Pictures logo is a trademarks of NBC Universal, Inc., and
all other trademarks, service marks and trade names used on the Service are the
property of their respective owners, and all of the above trademarks may not be
copied, downloaded or otherwise exploited without the permission of MAMMA MIA FANS or the owner of such trademark,
service mark or trade name, except as explicitly permitted in Section 1 above.
12. Minors
If you have agreed to allow your minor child, or a child for whom you are legal
guardian (a "Minor"), to use the Service, you agree that you shall be
solely responsible for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the consequences of any
use of the Service by such Minor. Children under the age of 13 may not register
for any Service hereunder. At various places on the Service, we ask whether
users are under the age of 18 or 13. NBC relies on our users to be truthful in
responding to these questions. If a user does not identify his/her proper age,
we will have no way of verifying actual age with respect to our privacy policy.
13. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, MAMMA
MIA FANS hereby notifies you that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available at
the Electronic Frontier Foundation Web site,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the
America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of children under the
age of 13, please see our privacy policy.
14. Infringement Policy
MAMMA MIA FANS, pursuant to 17 U.S.C. Section
512 as amended by Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to terminate your
license to use the Service if it determines in its sole and absolute discretion
that you are involved in infringing activity, including alleged acts of
first-time or repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing. MAMMA
MIA FANS accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials. In addition,
pursuant to 17 U.S.C. Section 512(c), MAMMA MIA FANS
has implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Act. All
claims of infringement must be submitted to MAMMA MIA
FANS in a written complaint that complies with the requirements below
and is delivered to our designated agent to receive notification of claimed
infringement:
By mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, Rm. 1081E
New York, New York 10009
By e-mail: dmca.agent@nbcuni.com
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right
must include the following information:
A. A physical or electronic signature of a person authorized to act on
behalf of (1) the owner of an exclusive right that is allegedly infringed or
(2) the person defamed.
B. 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. Similarly, for
materials that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. 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 or other
proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person defamed.
15. Modification
MAMMA MIA FANS reserves the right, in its sole
discretion, to amend this Agreement, and to modify, add or discontinue any
aspect, content, or feature of the Service. Such amendments, modifications,
additions or deletions shall become effective upon notice thereof, which may be
provided to you by posting on the Service, via e-mail or any other reasonable
means. Continued use of the Service by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
16. Export Control
Information Unless otherwise specified, the materials on the Service are
presented solely to provide information regarding and to promote MAMMA MIA FANS' Services and other products available
in the United States, its territories, possessions and protectorates. The
Service is controlled and operated by MAMMA MIA FANS
from its offices within the state of California, United States of America. MAMMA MIA FANS makes no representation that materials
on the Service are appropriate or available for use outside the United States.
Those who choose to access the Service from outside the United States do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent that local laws are applicable. Software from the Service is
further subject to United States export controls. No software from the Service
may be downloaded or otherwise exported or re-exported (A) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or (B) to anyone on the
U.S. Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Service, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
17. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws
of the State of New York without giving effect to any principles of conflicts
of law. Although you acknowledge that we will have the ability to enforce our
rights in any court of competent jurisdiction, you hereby consent to the
exclusive jurisdiction and venue of courts in New York, New York, U.S.A.,
regarding any and all disputes relating to this Agreement or your use of the
Service. You acknowledge and agree that the warranty disclaimers and liability
and remedy limitations in this Agreement are material terms of this Agreement
and that they have been taken into account in the decision by MAMMA MIA FANS to provide the Service hereunder. You
may not assign any of your rights, obligations or privileges hereunder without
the prior, written consent of MAMMA MIA FANS.
Any assignment of the foregoing other than as provided for in this section
shall be null and void, ab initio. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement, shall be enforced to the fullest extent
allowed by law as to effect the intention of the parties, and shall not affect
the validity and enforceability of any remaining provisions. This Agreement and
any posted operating rules constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver of any provision or
any right granted hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach or
default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes, any portion of the Service or access to the
Service. The titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing or interpreting
this Agreement.
18. MEDIATION/ARBITRATION: PLEASE READ CAREFULLY. UNDER THIS SECTION
14, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT
TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION.
IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED
THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE
CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF NEW YORK AND
ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY
PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT
OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE,
THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION
CONDUCTED IN THE COUNTY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE
WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS
THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES").
THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT
THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY
AND LICENSED TO PRACTICE LAW IN NE YORK OR A RETIRED JUDGE. ANY APPELLATE PANEL
SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS.
ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH
PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE
CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF
THIS AGREEMENT. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE
ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN
OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS
REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENT ALONG
WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN
ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF NEW
YORK, NEW YORK HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY
COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION
AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE
ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST MAMMA MIA FANS, NBC Universal, Inc. ITS PARENT,
SUBSIDIARY OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY
OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT MAMMA
MIA FANS MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER
EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, AND
(2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT
WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT
TO THIS AGREEMENT WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES;
FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE
WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THIS AGREEMENT WITH RESPECT TO
ANY CLAIM AGAINST YOU.
19. Member Disputes
You are solely responsible for any interaction with other members or visitors
to Mamma Mia Fans. Mamma
Mia Fans reserves the right but shall have no obligation to monitor
disputes between you and any other member of Mamma Mia
Fans.
20. Notice for California Users
Under California Civil Code Section 1789.3, California users of MAMMA MIA FANS are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814,
or by telephone at (916) 445-1254 or (800) 952-5210
Last modified on 10 March 2008.