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Legal Notices
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Terms and Conditions of Use
YOUR USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE. This web site, including any sub-site accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates and/or related entities of Gemstar-TV Guide International, Inc. ("Gemstar-TV Guide"). You can e-mail us at webmaster@gemstartvguide.com. Please note that when you enter any sub-site accessible through this homepage or the shopping page, such sub-site may have its own terms and conditions of use that is specific to such sub-site. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site.
Use of the Site and Its Contents Your use of this Site is authorized soley for your personal, noncommercial use. Use of this Site, any sub-site, and the information contained herein for any purpose related to domestic or international litigation, administrative hearings, arbitration, mediation or any judicial proceeding, inter partes or ex parte is expressly prohibited. You may not distribute, publish, exchange, modify, sell or transmit anything you copy from this Site by any means or media, including, but not limited to, any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Gemstar-TV Guide grants you a non-exclusive, non-transferable, limited right to access, privately display and use this Site, without the use of robots, automated scripts, or agents, for your own personal, noncommercial use. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
No Guaranty of Information Contained Herein Gemstar-TV Guide maintains this Site solely to provide general informational materials on its business, products and services to the public. Users of this Site are hereby urged to independently verify any information or other content found on the Site. Gemstar-TV Guide has taken efforts to place accurate content on this Site; however, users of this Site should not rely on any information found herein. Gemstar-TV Guide disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any information or other content found on this Site. Information found on the Site speaks only as of the date the information is issued by Gemstar-TV Guide. After the date of issuance, information on the Site may become outdated and inaccurate. Gemstar-TV Guide undertakes no obligation to update information on the Site. You should carefully check the date of issuance of information contained on the Site.
Forward-Looking Statements Some of the information appearing on the Site includes and is based upon "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements may be identified by words such as "anticipates," "believes," "can," "continue," "could," "estimates," "expects," "intends," "may," "plans," "potential," "predicts," "should," or "will" or the negative of these terms or other comparable terminology. Forward-looking statements and information based upon such statements, as well as all phases of Gemstar-TV Guide's operations and business, are subject to known and unknown risks, uncertainties and other factors including:
- Gemstar-TV Guide's ability to compete in highly competitive markets
- Gemstar-TV Guide 's ability to market its existing products and services in response to changing technology and consumer preferences
- Gemstar-TV Guide 's ability to develop and market new products and services in response to changing technology and consumer preferences
- An economic downturn
- Gemstar-TV Guide 's ability to protect its intellectual property rights
- Material litigation against or otherwise involving Gemstar-TV Guide
The above list of risks and uncertainties is not, and is not intended to be, a comprehensive list of applicable risks, uncertainties and other factors. The risks, uncertainties and other factors appearing in the list above and in Gemstar-TV Guide's filings with the Securities and Exchange Commission, as well as other risks, uncertainties and additional factors, could cause Gemstar-TV Guide's operating results to vary significantly from those in the prior periods and those projected on the Site. Therefore, you are cautioned not to place undue relevance nor to rely on information contained on the Site.
Ownership All materials on this Site, including but not limited to audio, images, illustrations, software, text and video clips (the "Content"), are the property of Gemstar-TV Guide or its affiliates or licensors and are protected under U.S. and foreign copyright, trademark and other intellectual property laws. You may not use the Content except as expressly specified herein. You agree to follow all instructions on this Site that limit the way you may use the Content. There are a number of proprietary logos, service marks and trademarks of Gemstar-TV Guide International, Inc. and/or its subsidiaries found on this Site, including, without limitation, GEMSTAR, TV GUIDE, TV GUIDE & Design, TV GUIDE CHANNEL, TVG NETWORK, MY TV GUIDE, TV GUIDE BROADBAND, TV GUIDE MOBILE, TV GUIDE INTERACTIVE, TV GUIDE ON SCREEN, TV GUIDE SELECT, TV GUIDE NETWORK ON DEMAND, TV GUIDE ONLINE, VCR PLUS+, G-GUIDE, G-CODE, GUIDE PLUS+, I-GUIDE, PLUSCODE, SHOWVIEW, VIDEO PLUS+, G-GUIDE MOBILE, JUMP THE SHARK, TV-NOW, FANS OF REALITY TV. By making them available on this Site, Gemstar-TV Guide is not granting you any license to utilize those proprietary logos, service marks, or trademarks other than as may be expressly set forth in the sub-site you are accessing. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may download one (1) copy only of the Content to be used only by you for your personal use at home unless such use is prohibited by the sub-site you are accessing. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it. The names of other companies, products and services used herein are for identification purposes only and may be trademarks of their respective owners.
Rules for Bulletin Boards and Other User-Supplied Material This Site may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any sub-site within the Site.
Responsibility for User's Material You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Gemstar-TV Guide may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on the Site, Gemstar-TV Guide is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. Gemstar-TV Guide may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates Gemstar-TV Guide's policies in any way. Gemstar-TV Guide will fully cooperate with any law enforcement authorities or court order requesting or directing Gemstar-TV Guide to disclose the identity of anyone posting such materials.
Gemstar-TV Guide's Rights to User's Material If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you waive and forever relinquish any claim that any use of such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Gemstar-TV Guide uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Gemstar-TV Guide anywhere in the world, in any medium, forever. Furthermore, Gemstar-TV Guide is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that Gemstar-TV Guide is not obligated to use any such ideas or materials and you have no rights to compel such use.
Transmitted Material Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to Gemstar-TV Guide does not cause Gemstar-TV Guide to have any special responsibility to you and does not give rise to any duty on the part of Gemstar-TV Guide to you.
Links This Site may contain links to other Internet sites on the World Wide Web. Gemstar-TV Guide provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that Gemstar-TV Guide approves of, endorses or recommends that site. Gemstar-TV Guide disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
Stock Price Information The stock price information provided on the Site is for informational purposes only, and is not intended for trading purposes. Neither Gemstar-TV Guide nor its data or content providers guarantee the sequence, accuracy, or completeness of any stock price information or other data displayed, nor shall any such party be liable in any way to you or to any other person, firm or corporation whatsoever for any delays, inaccuracies, errors in, or omission of any such information or data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby or by reason of nonperformance or interruption, or termination, of the stock price information for any cause whatsoever. Please note that historical and current stock price performance data is not necessarily indicative of future stock performance.
Contests This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16) This Site does not publish content that is targeted to children. If you are under 16, you should ask your parents or a guardian before you E-mail this Site, or ask us to e-mail anything to you; send in any information; enter any contest or game that requires information about you or offers a prize; post any information on any bulletin board or enter any chat room; or buy anything online.
Availability of Products and Services The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local Gemstar-TV Guide authorized representative for the availability of specific products and services in your area.
- Gemstar-TV Guide's Right to Change These Terms and Conditions of Use or Content on the Site
- Gemstar-TV Guide may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Gemstar-TV Guide may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification You agree to indemnify, defend and hold Gemstar-TV Guide and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Gemstar-TV Guide's defense of any claim. Gemstar-TV Guide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Gemstar-TV Guide.
Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, GEMSTAR-TV GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, RELIABILITY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GEMSTAR-TV GUIDE'S NEGLIGENCE, SHALL GEMSTAR-TV GUIDE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF GEMSTAR-TV GUIDE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GEMSTAR-TV GUIDE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Gemstar-TV Guide and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the Federal Courts of United States of America and/or the State Courts located in Los Angeles, California.
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