E! Everywhere: Rss
Terms and Conditions
Using E! RSS
BY DOWNLOADING A RSS FEED (THE "SERVICE") FROM ANY WEBSITE OWNED OR OPERATED BY E! ENTERTAINMENT TELEVISION, LLC (COLLECTIVELY, THE "WEBSITE"), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SERVICE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
E! Entertainment Television, LLC, as well as its controlled, controlling or commonly controlled parents, subsidiaries and / or affiliates (collectively, "E!", "we" or "our") may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Website. Except as provided under applicable law, your continued use of the Service following our posting of a change notice or new agreement on the Website will constitute binding acceptance of the change.
1. GRANT. Subject to the terms of this Agreement, E! hereby grants you a revocable, non-transferable, non-sublicensable, royalty-free, nonexclusive license to display on your website ("your Site") the headlines, active links, or other source identifiers, and other information or materials, including any promotional taglines that you specifically select to receive from E! (collectively, the "Content") through the Service provided that you do not alter, edit, or delete any of the Service. E! may restrict, suspend or terminate your access to any aspect or all of the Service at any time without liability. E! reserves the right to modify the Service at any time within E!'s absolute and sole discretion. You acknowledge that the Service availability is subject to change at E!'s sole discretion.
2. RESERVATION OF RIGHTS. The Service is protected by the copyright laws of the United States and international copyright treaties. As between the parties, title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof, shall remain in E!. In addition, any additional programming or technology provided by E! in connection with the delivery of the Service or otherwise shall, as between the parties, remain the sole property of E! and no part thereof shall be deemed assigned or licensed to you. E! shall retain all rights to the Service not expressly granted to you under Section 1 of this Agreement.
3. RESTRICTIONS. Except as expressly set forth in Section 1 and/or unless otherwise consented to by E!, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Service or any portion thereof; or delete or fail to display any promotional taglines or other content included in the Service; (b) rent, lease, or otherwise transfer rights to the Service; (c) display the name, logo, trademark or other identifier of any third party on your Site in such a manner as to give the viewer the impression that such third party is a publisher or distributor of the Service on your Site; (d) remove, conceal or alter any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Service, including without limitation, the size, color, location or style of E!'s marks; (e) encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; (f) make any representation or warranty on behalf of E!; or (g) use the Service on any website that contains nudity, obscene or pornographic material of any kind, displays material that exploits children under the age of 18, promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or use the Service in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading.
Unless otherwise permitted by E!, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without E!'s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by E! on the use, display or distribution of any Service; (iv) give E! complete and accurate registration information when requested to do so; and (v) not archive any of the Service for access by users at any future date after the Service has been removed from your Site. You acknowledge that the Service must link and redirect to the appropriate E! web page when a user clicks on the Service (e.g., a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, E!'s web page, nor may you frame any E! web page. You must always stipulate that the Service is supplied by E! and is protected by copyright and owned by E!.
E! assumes no liability for your activity in connection with the Service and / or for the development, operation, and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity will be grounds for termination of this Agreement. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of Services. If you use, or attempt to use, any Service beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by E!, or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Service, then, in addition to termination of this Agreement, you may be subject to appropriate legal and equitable action.
4. WARRANTY DISCLAIMER. You represent and warrant to E! that your mark(s) and/or content on your Site, other than the Service, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations (including, by way of example but not of limitation, licensing requirements and administrative or professional rules). E! shall not be liable for any claims or actions arising from any Content included in the Service that has been edited by you in any way. In addition, E! makes no representations concerning any interruption in Service. E! PROVIDES THE SERVICE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND E! HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY OR RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL E! BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE SERVICE RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL E! BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE SERVICE, EVEN IF E! HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. INDEMNITY. You hereby agree to fully indemnify, defend and hold harmless E! and E!'s controlled, controlling or commonly controlled parents, subsidiaries and affiliates and their respective officers, directors, employees and licensors (collectively, the "Provider Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees and costs) incurred by you in connection with: (i) any use or alleged use of the Service through your account by any person, whether or not authorized by you; or (ii) the operation and content on your Site or (iii) any breach of your representations and warranties and other covenants under this Agreement. E! reserves the right, at E!'s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with E!'s defense of such claim.
7. TERMINATION. Unless otherwise agreed to by E!, you may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the Service from your Site, all hard drives, networks, and other storage media. Unless otherwise agreed to by E! in writing, E! may restrict, suspend or terminate the Service, this Agreement, the license granted herein, or your access to any aspect or all of the Service at any time for any reason without liability. You agree to destroy or return to E! all copies of the Service and all Proprietary Information promptly upon learning of such Termination. Sections 2 through 8 shall survive termination of this Agreement.
8. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, U.S.A., as such law applies to agreements between California residents entered into and wholly performed within California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By downloading the Service from E!, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of California, U.S.A. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the E! website shall be finally adjudicated or determined in any court or courts of the State of California or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.
You may not assign this Agreement without E!'s prior written consent; any assignment by you without such consent shall be null and void. You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. E! shall be excused from its obligations for any period to the extent that E! is prevented from performing, in whole or in part, E!'s obligations under this Agreement, as a result of damage by computer viruses, worms or bugs; tampering; unauthorized intervention; fraud; technical limitations or failures; telephone and/or answering-service malfunctions; any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid); equipment failure; threatened terrorist acts, terrorist acts; air raid; blackout; act of public enemy; earthquake; war (declared or undeclared); fire; flood; epidemic; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; insufficient participation; third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors); or any other cause beyond E!'s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
E! is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or any other online service, or network. E! reserves the right, in E!'s sole and absolute discretion, to modify the terms and conditions of this Agreement and/or to cancel, terminate, modify or suspend all or any part of the Services. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL OR ANY OTHER PERSON TO DAMAGE OR UNDERMINE THE OPERATION OF THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, E! RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND/OR DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You certify you are legally permitted to use and access the Service, and if you are an individual, you are not a "minor" In your state of residence. You take full responsibility for the selection and use of the Service and access of the content. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. Nothing in this Agreement will be deemed to limit or restrict E! from entering into agreements with any other person covering services similar to your Site or from offering such similar services itself. The parties hereto are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on behalf of E! and you shall not make any statement, on your Site or otherwise, that conflicts with this Agreement.