September 6, 2012
Welcome to THEXFACTORUSA.com, provided by Fox Broadcasting Company, Syco TV a division of Simco Limited and FremantleMedia North America, Inc. ( "The X Factor" or "we"). The services The X Factor provides on THEXFACTORUSA.com include entertainment content and community pages and any other features, content, promotions, applications or games offered from time to time by The X Factor including when accessed via the Internet, mobile or other devices (collectively, the " The X Factor Services"). The X Factor is based in the United States and The X Factor Services are hosted in the United States. Fox Broadcasting Company is a part of the United States based operations of News Corporation. FremantleMedia North America, Inc. is a part of the United States based operations of FremantleMedia Group.
2. Eligibility for THEXFACTORUSA.com Registration and Account Security
3. Creating/Deleting an Account
You can create an account on THEXFACTORUSA.COM by linking your Facebook account to The X Factor Services. After creating an account, you will be able to modify certain information contained in your user profile information on THEXFACTORUSA.com. If you register for an account, your public profile and user activity on The X Factor Services will be publicly available. You can delete your account by clicking on "delete your account" and delinking your Facebook account from The X Factor Services. However, deleting your account will not remove you from The X Factor email list. If you sign up for The X Factor email list, you will need to separately unsubscribe from the list by following the unsubscribe instructions contained in emails sent from The X Factor.
This Agreement remains in full force and effect while you use The X Factor Services. You may terminate your use of The X Factor Services and/or account on THEXFACTORUSA.com at any time, for any reason, by clicking on "delete your account" and ceasing all use of the The X Factor Services. The X Factor may terminate your account and/or access to The X Factor Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your account or access to The X Factor Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
You acknowledge that The X Factor reserves the right to charge subscription fees for any portion of The X Factor Services. The X Factor will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account tin the event you do not wish to pay the modified fee. If you continue to use the Site Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If The X Factor suspends or terminates your account and/or access to The X Factor Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
6. Purchasing THEXFACTORUSA.com Services or Products
The X Factor makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. The X Factor provides no refunds for purchases you make on THEXFACTORUSA.com. You are solely responsible for any and all transactions utilizing your Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Financial Information, The X Factor will in no way be responsible or liable to you for any such breach.
You should maintain records of all your transactions with The X Factor Services. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
If you choose to join an The X Factor Service that includes mobile marketing or to otherwise receive a mobile alert in connection with The X Factor Services, please be aware that there are usually costs associated with receiving SMS (text) or MMS (multimedia) messages depending on your wireless carrier and plan. You should check with your mobile carrier to determine what charges apply before signing up to receive our updates via your mobile phone. Under no circumstances will The X Factor or its corporate affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. You understand, acknowledge and agree that The X Factor may, at its sole discretion and without liability to you, terminate its offer of mobile alerts at any time without advance notice. If your carrier does not permit text alerts, you may not receive the mobile alerts or other messages. If you would like to stop receiving alerts or other messages from us on your mobile phone, please reply to the message with "STOP." You may also contact your wireless carrier for additional information on receiving or stopping mobile messages.
8. Rewards Program
WHEN YOU REGISTER FOR AN ACCOUNT ON The X Factor SERVICES, YOU ARE AUTOMATICALLY REGISTERED FOR The X Factor FAN REWARDS PROGRAM, A FAN LOYALTY AND REWARDS PROGRAMS OPERATED BY The X Factor (THE REWARDS PROGRAM) WHERE USERS CAN ACCUMULATE AND REDEEM LOYALTY REWARDS POINTS, ON AN INDIVIDUAL BASIS AND SOLELY FOR THEIR OWN ACCOUNT.
YOUR RESIGRATION FOR AND USE OF The X Factor SERVICES CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS GOVERNING THE REWARDS PROGRAM AVAILABLE AT WWW.THEXFACTORUSA.COM/FANREWARDSTERMS.
If you do not want to participate in the Rewards Program, you should not create an account with The X Factor Services. If you are already registered for the Rewards Program and want to stop participating, you must delete your account on The X Factor Services.
Gaming, fraud or abuse relating to the earning of points will result in forfeiture of accrued points, as well as termination of your account on The X Factor Services, in The X Factors sole discretion. In addition, The X Factor reserves the right to take appropriate legal action, including criminal prosecution, as it deems necessary in its sole discretion. The X Factor reserves the right to cancel, modify, restrict or terminate the Rewards Program or any aspect or feature of the Rewards Program, including points and redemption items, at any time without notice. If The X Factor cancels the Rewards Program, all users' points will expire automatically.
9. The X Factor Content
The X Factor Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of The X Factor ( "The X Factor Content"). The X Factor Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and The X Factor, The X Factor owns and retains all rights in The X Factor Content and The X Factor Services. The X Factor hereby grants you a limited, revocable, nonsublicensable license to access and display The X Factor Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing The X Factor Site and using The X Factor Services. The X Factor Services may also contain Content of users and other The X Factor licensors. Except as provided in this Agreement or as explicitly allowed on The X Factor Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through The X Factor Services.
Except as explicitly and expressly permitted by The X Factor, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on The X Factor Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The X Factor. You may not build a business utilizing the Content, whether or not for profit
10. Your Use of The X Factor Services
The X Factor Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by The X Factor in writing. The X Factor reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with The X Factor Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with The X Factor Services. You understand that The X Factor does not control the User Content posted by users via The X Factor Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. The X Factor assumes no responsibility or liability for this type of Content. If you become aware of misuse of The X Factor Services, please report this immediately to The X Factor email@example.com. The X Factor assumes no responsibility for monitoring The X Factor Services for inappropriate Content or conduct. If at any time, The X Factor chooses in its sole discretion to monitor The X Factor Services, The X Factor nonetheless assumes no responsibility for Content other than The X Factor Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use The X Factor Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; discriminatory; or derogatory of The X Factor program sponsors;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to The X Factor Services, including The X Factor's servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of The X Factor Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from The X Factor Services, or to circumvent or modify any security technology or software that is part of The X Factor Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through The X Factor Services. If you do so, you acknowledge you will have caused substantial harm to The X Factor, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay The X Factor $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without The X Factor 's prior written consent;
- Use The X Factor Services to advertise or promote competing services;
- Use The X Factor Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
The X Factor reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by The X Factor in its sole discretion. You acknowledge The X Factor reserves the right to investigate and take appropriate legal action against anyone who, in The X Factor'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 The X Factor may access, preserve or disclose information you provide to THEXFACTORUSA.com, including User Content, when The X Factor 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 The X Factor, 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 X Factor Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
11. Your Proprietary Rights
The X Factor does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with The X Factor Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by The X Factor or any Affiliated Company. By posting any User Content on, through or in connection with The X Factor Services, you hereby grant to The X Factor and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with The X Factor Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. The X Factor ‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The X Factor reserves the right to limit the storage capacity of User Content that you post on, through or in connection with The X Factor Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with The X Factor Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with The X Factor Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through The X Factor Services or Third Party Services. You agree that The X Factor will not provide you with any compensation, credit or notice for any User Content.
12. Copyrights and Other Intellectual Property
The X Factor respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other propriety rights of any person or entity. The X Factor has a policy of terminating repeat infringers' access to the The X Factor Services in appropriate circumstances.
If you believe that any material contained in The X Factor Services infringes your copyright, please email or fax a notification of claimed infringement to The X Factor's Designated Copyright Agent:
Copyright Agent Email: FOX.DMCA@fox.com Subject Line: THEXFACTORUSA.com Telephone: (310) 369-7069 Fax: (310) 969-5660 Address: 10201 W. Pico Boulevard Los Angeles, CA 90035
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)) and §512(d):
- 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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
- 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 by you that you have 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 by you that the above information in your notification is accurate, and statement by you made under penalty of perjury, that you are the owner of an exclusive right this is allegedly infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised emails sent to FOX.DMCA@fox.com without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to.
13. Third Party Links and Services
14. Member Disputes
You are solely responsible for your interactions with other The X Factor users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with The X Factor Services. The X Factor reserves the right, but has no obligation, to become involved in any way with these disputes.
The X Factor Services are provided "AS-IS" and "as available" and The X Factor does not guarantee or promise any specific results from use of The X Factor Services. The X Factor expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, The X Factor makes no warranty that your use of The X Factor Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with The X Factor Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will The X Factor be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of The X Factor Services, problems or technical malfunction in connection with use of The X Factor Services, attendance at a The X Factor event, any material downloaded or otherwise obtained in connection with The X Factor Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with The X Factor Services, or the conduct of any users of The X Factor Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of The X Factor.
17. Limitation on Liability
In no event will The X Factor be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of The X Factor services, even if The X Factor has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, The X Factor'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 The X Factor for The X Factor services during the term of your use of The X Factor services.
18. U.S. Export Controls
Software available in connection with The X Factor Services (the "Software") is further subject to United States export controls. No Software may be downloaded from The X Factor Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and The X Factor agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or The X Factor Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold The X Factor, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (collectively, a "Claim"), including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of THEXFACTORUSA.com or other The X Factor Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with The X Factor Services. The X Factor reserves the right, at your expense, to assume the exclusive defense and control of any Claim.
21. Unsolicited Submissions
The X Factor does not knowingly accept, via The X Factor Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. The X Factor's policy is to simply delete any such submission without reading it or forwarding it to other The X Factor staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any The X Factor or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to The X Factor via The X Factor Services (including but not limited to any public forum), however, such submissions and copyright become the property of The X Factor and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as The X Factor 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 The X Factor or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
22. Employment Opportunities
The X Factor may, from time to time, post The X Factor employment opportunities on The X Factor Services 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 The X Factor in response to employment listings, you are authorizing The X Factor to utilize this information for all lawful and legitimate hiring and employment purposes. The X Factor also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in The X Factor Services will constitute a promise by The X Factor to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in The X Factor Services constitute a promise that The X Factor will review any or all of the information submitted to it by users of The X Factor Services.
The failure of The X Factor to exercise or enforce any right or provision of this Agreement will 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. The X Factor is a trademark of The X Factor, Inc. 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.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I have read this agreement and agree to all of the provisions contained above.