TermsOfUse - PriceIsRight.com

TERMS AND CONDITIONS OF USE

Welcome to WWW.PRICEISRIGHT.COM, the official website for The Price Is Right®. Please read the following Terms of Use carefully before using the website (each website a "FremantleMedia Site" and collectively, the "FremantleMedia Sites"), owned by FremantleMedia Enterprises ("FremantleMedia"). By visiting any FremantleMedia Sites or by participating in any of the interactive activities offered on any FremantleMedia Site, you agree to be bound by these Terms of Use. Please note that we may, in our sole discretion, modify these Terms of Use without notice to you. Therefore, please continue to review these Terms of Use when using any of the FremantleMedia Sites. By continuing to access and use any FremantleMedia Site after the Terms of Use have been modified, you will be deemed to have agreed to such modifications. As long as you comply with these Terms of Use, FremantleMedia grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the FremantleMedia Site.

1. Registration and Passwords

Registration is not required to browse the FremantleMedia Sites. However, certain features offered on the FremantleMedia Sites may require you to submit certain personal information, such as your name, your postal address, your e-mail address, and billing information. When you submit such information on a FremantleMedia Site you represent that you are at least 13 years of age and that you have the authority to register with such site. When you register we may assign you a login ID and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for any use of your login ID and password. In addition, you agree to pay all charges, including taxes, duties or other fees, incurred by you or anyone using your login and/or password.

2. Your User Content and User Conduct

The FremantleMedia Sites may invite users to communicate with one another via chat areas and bulletin boards. Some FremantleMedia Sites may also enable users to submit materials to be viewed by or shared with other users. Any communication and/or submission(s) made on any FremantleMedia Site, including, but not limited to, any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork, photographs and sound and video files data, text, messages, files, images, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User Content") will become the property of FremantleMedia and can be used in any manner or form throughout the world without any time or other restrictions and without any compensation or credit to you. Your User Content will be treated as non-confidential and non-proprietary. FremantleMedia shall be entitled to edit, move, or delete such User Content as it sees fit, and it shall have no obligation to use material submitted.
You hereby grant FremantleMedia, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any User Content or substituting the lyrics and music in any User Content with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on Fremantle Sites, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "User Content License"). You hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such User Content. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
You are solely and fully responsible for the content of any of your User Content. FremantleMedia will not be liable in any way in connection with your User Content, including, but not limited to, any loss or damages of any kind as a result of your User Content. Your User Content must strictly conform to the following guidelines:

Your User Content must originate with you and be accurate and current. Your User Content must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.
Your User Content must not be fraudulent, libelous, defamatory, obscene, pornographic, harassing, abusive, threatening, racially offensive, offensively directed towards people based on their gender or sexual orientation, or be otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, FremantleMedia is the final arbiter of what does or does not constitute objectionable material.
Your User Content must not be harmful to minors in any way.
Your User Content must not advertise or solicit funds.
Your User Content must not solicit passwords or personal identifying information for commercial or unlawful purpose;
Your User Content must not involve the transmission of “junk mail” or “chain letters” or unsolicited mass mailing;
Your User Content must not attempt to impersonate another user or person;
Your User Content must not use the FremantleMedia Sites to advocate or offer instructions as to illegal activities or to violate any applicable laws.
You may not post User Content if you are under the age of 13.

Your User Content must not be in violation of the guidelines set forth in these Terms of Use. Any such violation shall be a material breach of these Terms of Use. FremantleMedia will remove from any FremantleMedia Site without prior notice any User Content that violates any provision of these Terms of Use and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violations. In addition, Fremantle may immediately and without prior notice terminate the right to access the Fremantle Sites of any user who violates these Terms of Use.
You further agree that you will not circumvent our security features, corrupt any content or files on or obtained from any FremantleMedia Site, interfere with or in any way disrupt our service or servers, or networks connected to our service or servers, or otherwise violate any applicable law or regulation or these Terms of Use.

3. Unsolicited Submissions

In an effort to avoid the possibility for future misunderstandings, FremantleMedia’s long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. Do not send any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions"). FremantleMedia’s policy is to delete any Unsolicited Submission without reading it or forwarding it to any FremantleMedia staff. Any similarity between an Unsolicited Submission and any elements in any FremantleMedia creative work, including, without limitation, any film, series, story, title or concept, would be purely coincidental. If any Unsolicited Submissions are sent to FremantleMedia, they shall become the property of FremantleMedia and shall be treated as User Content.

4. Downloading Material from the Fremantle Sites

You are permitted to download only those materials specifically available to download from any FremantleMedia Site for your personal use. Any material available for downloading from a Fremantle Site may not be used for any other purpose other than your personal non-commercial home use. You must not remove any notices or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from FremantleMedia to do so.

5. Ownership of Materials on the Fremantle Sites

The FremantleMedia Sites and all the materials published or otherwise incorporated on the sites ("Content"), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by FremantleMedia or by others that have licensed their materials to FremantleMedia. The Content is therefore protected by copyright, trade secrets, or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in these Terms of Use, or with the prior written consent of the owners of the Content.
In addition, any of the tradenames, trademarks, service marks and logos (collectively referred to as "Trademarks") that appear on the FremantleMedia Sites are owned by FremantleMedia or others that have licensed their use to us. Other Trademarks will occasionally be added to the FremantleMedia Sites. These Trademarks may not be used in any manner without the prior written consent of their respective owners.

You are expressly prohibited from creating works or materials that derive or are based on the Content or Trademarks. No rights, titles, or interests in the Content or Trademarks are transferred to you through your use of the FremanlteMedia Sites.

6. Partner Sites/Linked Sites

The FremantleMedia Sites may provide links to other websites for your convenience and enjoyment. Please note that if you access other websites through such links you do so at your sole risk. FremantleMedia does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those sites, nor is it responsible for any viruses, Trojan horses, or other items of a potentially destructive nature that they may contain. Your correspondence or business dealings with advertisers, partners, or other third parties through any FremantleMedia Site, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that FremantleMedia and the FremantleMedia Sites will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their sites on any FremantleMedia Site.
Any website that hyperlinks to a FremantleMedia Site (a) must not create a frame or browser or border environment around the Site; (b) must not imply that FremantleMedia has endorsed or is sponsoring the website; (c) must not contain content that could be construed as distasteful, offensive, or controversial; (d) must not use any FremantleMedia trademarks or any Content unless specifically approved by FremantleMedia; and (e) must not present any false or misleading information regarding FremantleMedia or its products or services or the FremantleMedia Sites. Notwithstanding the foregoing, FremantleMedia may deny permission to link to the FremantleMedia Sites at any time for any reason in its sole discretion.

7. Disclaimer

FREMANTLEMEDIA IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND ON OR THROUGH ANY FREMANTLEMEDIA SITE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND LINKS. BY USING ANY FREMANTLEMEDIA SITE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT IS OFFERED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.
The FremantleMedia Sites and each of their publishers’ respective vendors, agents, licensees, officers, directors, shareholders and employees, shall not be liable for any and all injuries, actions, claims, liabilities, damages, losses, costs or expenses, including reasonable outside attorneys’ fees, arising as a result of your or your child’s use of the FremantleMedia Sites. FremantleMedia makes no guarantee of availability of service and it reserves the right to suspend, withdraw, change or discontinue any functionality or feature of the FremantleMedia Sites. FREMANTLEMEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).
FremantleMedia reserves the right to monitor User Content by those who use the Fremantle Sites, but it is not obliged to do so. FremantleMedia disclaims any responsibility for the Content submitted by users on or through any area of the FremantleMedia Sites including, without limitation, chat areas, bulletin boards, and e-mail. FremantleMedia cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of FremantleMedia. FremantleMedia does not represent that the Content and features on or offered through the FremantleMedia Sites are appropriate or available for use in all countries.
You acknowledge that FremantleMedia is not liable for any defamatory, offensive, or illegal conduct or material found in connection with the FremantleMedia Site, including such conduct or material transmitted by any means.
FremantleMedia reserves the right to terminate this agreement and/or refuse service to you at any time without notice for any reason.

8. Infringement and Regulatory Complaints

FremantleMedia is committed to respecting the intellectual property rights of others. It will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing it to disclose the identity of anyone downloading or posting materials, or otherwise using this Web Site in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any Content posted by users of any Fremantle Site, please notify FremantleMedia at support@priceisright.com or via mail to FremantleMedia, 4000 West Alameda Boulevard, Third Floor, Burbank, CA 91505, Attention: Price Is Right Website. If FremantleMedia receives such notice it will promptly respond to, remove, or disable access to, the material that is claimed to be infringing or to be the subject of any infringing activity.
When notifying FremantleMedia of any claimed infringement, you must provide the following information:

a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
a description of the work you claim has been infringed;
a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;
your address, telephone number, and, if available, your e-mail address;
a statement of your 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; and
a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Indemnification

You agree to indemnify and hold harmless FremantleMedia and its parent or subsidiary companies, successors, and assigns and the officers, directors, shareholders, and employees of each, from and against any and all claims and expenses (including attorney’s fees) arising out of or in connection with your use or misuse of the FremantleMedia Site, including, but not limited to in connection with the Content, any violation of any rules or regulations, any User Content, or any violation of these Terms of Use (collectively, “Claims”). Notwithstanding the foregoing, FremantleMedia may assume the defense of any Claim, at your expense, and you agree to cooperate fully in said defense. FremantleMedia may settle or otherwise compromise and Claims without your consent, however you shall not settle any Claim without the express written consent of FremantleMedia.

10. Promotions

The FremantleMedia Site may offer sweepstakes, contests or other promotions, which may be governed by rules which have separate eligibility requirements, such as certain age or geographic area restrictions. By entering the sweepstakes, contest or promotion, you agree to be bound by the Official Rules thereof.

11. Privacy

Any personal or other information submitted by you and all other User Content to any of the FremantleMedia Sites are subject to our Privacy Policy.

12. Miscellaneous

You are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the FremantleMedia Sites. If any part or portions of these Terms of Use shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in full force and effect and shall be interpreted as closely as possible to the manner in which they were written. If any dispute arises between you and us regarding these Terms of Use, the dispute will be governed by the laws of the State of California and subject to the exclusive jurisdiction of the courts of Los Angeles County. These Terms of Use set forth the entire agreement regarding all of the matters contained herein and should supersede all prior agreements or negotiations concerning the subject matter of these Terms of Use.