Terms & Conditions of Usage
This Terms and Conditions of Usage agreement (”Agreement”) provides visitors with the policies and restrictions that govern access and use of this website and site Content. We use the term “visitors” and/or “you” to include any person who accesses this website at any time.
Click below for specific information about:
I. Agreement to these Terms
II. Agreement to Changes or Updates
III. Website Ownership
IV. Agreement Violations and Termination
V. Website Participation
VI. Restrictions on Use of Content
VII. Prohibitions on Framing and/or Posting
VIII. Electronic Communications
IX. DISCLAIMER OF WARRANTIES
X. LIMITATION OF LIABILITY
XI. Leaving Our Website
XII. INDEMNIFICATION
XIII. Affiliates and Partners
XIV. Third Party Links
XV. Advice and Opinions
XVI. Copyright Information and Infringement
XVII. Choice of Law and Forum
XVIII. Agreement Validity
XIX. Full Understanding
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND RAINBOW HD HOLDINGS LLC (REFERRED TO HEREIN AS “RAINBOW,” “WE,” “US,” OR “OUR”) RELATING TO YOUR ACCESS AND/OR USE OF THIS WEBSITE AND OUR FAMILY OF VOOMHD SITES. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE.
YOU MUST FOLLOW THE TERMS OF THIS AGREEMENT, WHICH INCLUDES ANY RESTRICTIONS OR GUIDELINES POSTED ON THE WEBSITE. Your access or use of this website constitutes your agreement to be bound to the terms of this Agreement, including any changes that may exist when you re-access our website. If you do not agree with the terms of this Agreement and our posted restrictions or guidelines, do not use this site. Discontinuing use of this site shall not modify any terms that apply to prior uses on the site.
Personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in this Agreement by reference.
II. Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained on this website and/or the terms of this Agreement without prior notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this website. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted.
This website is owned and operated by Rainbow HD Holdings LLC (”Rainbow”). Rainbow, entities under common ownership or control with Rainbow (”Affiliates”) or parties that have granted us specific usage authorizations (”Licensors”) own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively “Content”) displayed or posted on this website. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
IV. Agreement Violations and Termination
Any conduct that in any way violates this Agreement or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site participation and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, the Content, Rainbow, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content.
We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of the Terms of Use.
You must be thirteen (13) years of age or older to participate in site offerings, such as newsletter registrations. You may also be required to meet an older minimum age requirement and agree to additional rules and terms posted on our site for participation in certain contests, sweepstakes or special events.
Site offerings may request that you provide us with certain personal information such as your name and email address. Visitors are responsible for providing us with accurate and current information.
VI. Restrictions on Use of Content
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print or download the Content from this site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited.
Visitors expressly agree not to engage in any activity that:
• may alter or damage Content;
• interrupts, destroys or limits the functionality or integrity of any computer software,
hardware or Content on this website;
• infringes on any trademark, trade name, service mark or name, copyright, trade secret,
or other proprietary right of any Content;
• advertises Content as your own or solicits other visitors with Content;
• is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene,
• libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
• that otherwise violates Rainbow or VOOMHD policies or the terms of this Agreement.Rainbow, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or this Agreement.
VII. Prohibitions on Framing and/or Posting
Visitors are prohibited from (i) framing any portion of the VOOMHD family of Sites; (ii) posting banners, advertising or other links on our VOOMHD Site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of Rainbow. Written requests for framing, site postings or Content usage should be sent here.
VIII. Electronic Communications
When communicating to us electronically through our website or via email, visitors shall not mask their identity by using a false name, information, email or another person’s name or email. Any personal information electronically transmitted to us will be protected in accordance with the policies set forth in our Website Privacy Policy.
We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of similar ideas, plans, services, products or the like by VOOMHD Sites, Rainbow, its parents or Affiliates for any purpose; and we shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
Rainbow uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and the operation of the site; however, we make no representations or warranties regarding the Content’s or website’s accuracy, validity, correctness, timeliness, reliability or that usage of the website or Content will be error-free. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES
NEITHER THE VOOMHD FAMILY OF SITES, NOR RAINBOW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF RAINBOW, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL RAINBOW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF RAINBOW, ITS PARENTS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Please be advised that once you leave our website, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. RAINBOW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER WEBSITES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RAINBOW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THE TERMS OF THIS AGREEMENT, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT AND/OR ANY UNINTENDED CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SITE CONTENT.
Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, partners or sponsors. Site information may not be updated on a daily basis and may not be the most current information available.
Our website may contain links to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement, recommendation or certification by Rainbow, its parents or Affiliates of any third party site, resources, content, products or services. Any concerns regarding external links or websites should be directed to the respective website operator. You acknowledge and agree that:
• Any information posted by our website regarding third party offers are for information purposes
only;
• All third party postings on our website have been provided by a third party operator/provider and
we do not warrant its accuracy or completeness;
• All visitor transactions with third parties are solely between the visitor and the third party;
• All third party posted discounts, promotions or special offers are subject to the restrictions
and limitations of the respective third party;
• Rainbow does not make any representations or warranties regarding, and is not liable for, the
quality, availability or timeliness of goods, services or offers provided by a third party provider,
and you undertake all transactions with these providers at your own risk.Rainbow reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
Our website may contain facts, views, opinions and statements of Rainbow, Affiliates or independent third parties. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.
XVI. Copyright Information and Infringement
The Copyright for this site and the VOOMHD family of Sites are held by Rainbow. All rights reserved.
If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to:
Rainbow HD Holdings LLC
200 Jericho Quadrangle
Jericho, NY 11753
Attention: David A. Deitch
Email: dmca-claims@rainbow-media.com
Fax Number: 516-803-4755We have adopted a policy where we may, in circumstances that we deem appropriate, terminate the accounts of subscribers or registered visitors who are repeat infringers.
This website is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts.
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement, including any posted restrictions and guidelines, contains the full understanding of the parties with respect to access and usage of this website and Content posted on the site. No action of ours, other than an express written waiver or update to this Agreement, may be construed as a waiver of any part of this Agreement. In the event Rainbow waives or updates any specific provision of this Agreement, all other portions of this Agreement will remain intact.
