PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MTVGIRL.COM, WEBSITE (the "Site"). This Site is fully controlled and operated by The MTVi Group, L.P. ("MTVi" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of MTVi (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 13 years of age or older who are residents of the United States, excluding its territories and possessions. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on June 27, 2001.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of (i) MTVi and/or its subsidiaries, affiliates or assigns, (ii) MTVi's licensors, (iii) the Site's sponsors and or their affiliates (the "Site Sponsors") or (iv) other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. MTVi hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MTVi. Use of MTVi and/or its licensors' or the Site's Sponsors' Material is not permitted without their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
SITE MESSAGING SERVICES (E.G. EMAIL AND INSTANT MESSAGING) (the "Services")
1. Registration Process:
During registration you will be asked to provide current, complete and accurate information as prompted to so do. You will then enter your registered username and password. Your username and password will be used for all Services which may be offered by the Site. You are entirely responsible for maintaining the confidentiality of your username and password. A user's IP address and identity will not be displayed in connection with the Services, unless the user selects this option during registration and customization of the Services. All information requested during registration shall be referred to as the "Registration Data". Please read the MTVGirl.com Privacy Policy for information on how MTVi collects and uses user's personal information in connection with this Site. Notwithstanding the terms of the MTVi Privacy Policy, you grant to MTVi the right to disclose the Registration Data to third parties, including the Site Sponsors for the purposes of administering services offered in connection with the Site. Furthermore, while it is MTVi's policy to respect the privacy of its users, including information about user's use of the Site, including, the contents of users' email and instant messages ("Email Content"), MTVi reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the Services, or such contents, in the event that MTVi believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of MTVi; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others.
You agree to notify MTVi immediately in the event that you believe that there is unauthorized use of your account.
2. Advertising.
Users may from time to time enter into correspondence with or participate in the promotions of advertisers through the Services. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, MTVi shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.
MTVi does not endorse or otherwise recommend any of the information or services provided to you by the Site Sponsors. The views and opinions contained in materials provided directly to you by the Site Sponsors do not necessarily state or reflect those of MTVi, which accepts no liability for the content of such materials or for the consequences of any actions taken on the basis of the information provided. Similarly, the Site Sponsor's do not endorse or otherwise recommend any of the information or services provided to you by MTVi. The views and opinions contained in materials provided directly to you by MTVi do not necessarily state or reflect those of the Site Sponsors, which accept no liability for the content of such materials or for the consequences of any actions taken on the basis of the information provided.
3. User Storage Space.
The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. MTVi assumes no responsibility for the deletion or failure to store, deliver, or deliver in a timely manner email messages.
4. Rules of Conduct.
You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services. User agrees not to:
5. Termination of the Services
MTVi may terminate the Services at any time with or without cause. Neither MTVi nor the Site Sponsors shall be liable to user of any other party for termination of the Services. If user should object to any of the terms and conditions of the Services, user may 1) discontinue use of the Services or 2) cancel his/her membership to the Services by sending an email from the email address submitted during registration to remove@mtvi.com. The subject lines of the mail should read "remove
6. Disclaimer and Limitations of Liability
Neither MTVi, nor the Site Sponsors is liable for failure to monitor or edit messages sent over the Services. Neither MTVi nor the Site Sponsors endorses the content of users' communications, nor assumes liability for any threatening, libelous, obscene, harassing or offensive material contained therein. User is responsible for maintaining the confidentiality of user's passwords and for all activities which occur under user's account.
SHOPPING
All of MTVi's products are guaranteed against defects for 30 days from the date of the invoice. In the event that a product you purchase from us is defective during such 30 day period, please contact us at mtvshopping@mtvi.com. Except as expressly stated herein, we expressly disclaim all warranties, express or implied, of any kind with respect to products sold on the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that our sole and exclusive maximum liability arising from any product sold on the Site shall be the price of the product ordered. In no event shall MTVi, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify MTVi's acceptance of your order, nor does it constitute confirmation of our offer to sell. MTVi reserves the right at any time after receipt of your order to accept or decline your order for any reason. MTVi reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. MTVi may require additional verifications or information before accepting any order. MTVi is a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by MTVi.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York, Nebraska and California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. We will provide on-line technical notes on most computer hardware & software products as well as links to the technical support departments of the manufacturers.
COMMUNITY STANDARDS AND SUBMISSIONS
To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of MTVi or any Site Sponsor or their respective affiliates. In no event shall MTVi or any Site Sponsor or their respective affiliates assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.
By submitting a Posting, you authorize MTVi to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortious, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant MTVi permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, MTVi will have the right to use and change the Postings in any manner that MTVi may determine. Please be advised that in no event shall MTVi or any Site Sponsor or their respective affiliates assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on MTVi's websites, affiliated television programming services or elsewhere. Please also understand that your Postings shall not be returned by MTVi.
You agree to defend, indemnify and hold MTVi, it parent, affiliated subsidiary, the Site Sponsors and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Any chatroom/bulletin board which may be available through the Site may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although MTVi periodically monitors the content posted on the Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, MTVi will make every effort to ensure that such chatroom/bulletin boards best serve the interests of all users and, therefore, MTVi reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user's password and username.
If you believe that any information provided on this Site violates the Rules of Participation, Terms of Use of this Site, or otherwise infringes upon the rights or any third party, please contact us at inbox@mtv.com.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
MTVi provides Rules of Participation for certain activities on this Site which may include without limitation, e-mail services, contests, sweepstakes, and auctions by MTVi and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither MTVi nor any Site Sponsor or any of their respective affiliates shall be responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MTVi, THE SITE SPONSORS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MTVi OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall MTVi's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by MTVi, the Site Sponsors, or their respective subsidiaries and affiliates of the opinions or views expressed by these linked websites and neither MTVi nor the Site Sponsors verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, neither MTVi nor the Site Sponsors is responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither MTVi, nor the Site Sponsors or their respective subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall MTVi or the Site Sponsors assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, neither MTVi nor the Site Sponsors will under any circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, MTVi, the Site Sponsors, their respective affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. MTVi reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MTVi in asserting any available defenses.
MISCELLANEOUS
MTVi operates and controls this site from its offices at 770 Broadway, New York, New York 10003, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.
Questions and Concerns
MTVi is a member of the Viacom family of companies. We can be reached by email at inbox@mtv.com.
OUR PRIVACY POLICY
This Site is intended exclusively for users 13 years of age or older who are residents of the United States, excluding its territories and possessions. Any disclosure of personally identifiable information by users is subject to the laws of the United States. We are committed to protecting our users' privacy. To that end, we offer this statement to inform our users of how we define, gather and utilize personal information. We reserve the right to change, modify or otherwise alter this policy at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this policy periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised privacy policy. For your information, this page was last updated on June 14,2001.
We define personal information as information that includes a person's full name, address, telephone number, date of birth and/or email address or any other information that is tied to individually identifiable information that would allow someone to identify or contact you, unless stated otherwise herein or on the Site. We can gather information on our users in two different ways: (1) cookie technology; and (2) voluntary submissions.
We utilize cookie technology to collect non-personally identifiable data regarding the number of visits a person has made to our site. This data is stored in aggregate form and is in no way singled out in an individual file. This information allows us to know what pages/sites are of interest to our users and what pages/sites may be of less interest. Such information is utilized in revising the website to better meet our users needs and interests.
We collect personally identifiable information from users through voluntary submissions. We use good faith efforts to make it clear why the information is being collected and what it will be used for. In the event that this information is being shared with a third party affiliate, sponsor or advertiser, we will use good faith efforts to post a notice on the Site clearly stating that the information is being shared and/or give the user the opportunity to opt-in to authorize the sharing of such information.
When you order products from us, or when we collect information on behalf of a sponsor, we also collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. We collect this, and other information, as disclosed in this policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains. These changes will be automatically kept for future use. We use good faith efforts not to provide third parties with access to your individual account information, unless stated otherwise on the Site. When information is provided voluntarily by users to Site Sponsors, the Site Sponsors reserve the right to provide such information to third parties as needed for communicating with you and sending you promotional items. We also reserve the right to provide non-identifiable consumer data to third parties including, but not limited to, general statistics about pages viewed on our site, sales and other shopping information.
Unless specified otherwise on the Site, users must be 18 years or older and residents of the United States, excluding its territories and possessions before registering in any of our sweepstakes or contests. When sweepstakes or contests are open to users 13-17 years old, we will collect only first and last names, phone numbers and email addresses, gender and birth dates for prize fulfillment purposes only, unless otherwise stated on the Site. If a sweepstakes or contest winner is under 18 years old, we will require a consent form signed by the winner's parent or guardian in order to award the prize.
We have taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to its database servers, as well as electronic security systems and password protections which guard against unauthorized access.
We encourage users to be smart about choosing when, and to whom to release information online. Additionally, we will allow users or their parents to opt out of the MTVi database in the following manners:
(1) To remove your name or your child's name from the database of an specific MTVGirl.com sweepstakes or contest or other similar activity: Send an e-mail to mtvsweepsremove@mtvi.com with the following information in the body of the e-mail form:
(2) To remove your name or your child's name from the MTVGirl database entirely including, but not limited to, registration for all of MTVi's websites: Send an e-mail to remove@mtvi.com with the following information in the body of the e-mail form: