Effective Date: March 1, 2011.
1. Disclaimer of Warranties
You expressly agree that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Heritage Media makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Heritage Media shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. HERITAGE MEDIA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. HERITAGE MEDIA DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Limitations of Liability
IN NO EVENT SHALL HERITAGE MEDIA OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HERITAGE MEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Heritage Media’s liability is limited to the greatest extent permitted by law.
You may have the option to create an account to participate in certain features of the Website. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to Heritage Media. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Heritage Media with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
4. Warranty and Indemnification
5. User Content
Heritage Media is not responsible or liable for any User Content on the Website. User Content does not express the views of Heritage Media. Heritage Media does not guarantee that it will edit or delete User Content. Heritage Media has the right, but not the obligation, to monitor User Content. Heritage Media reserves the right to reveal your identity (or whatever information Heritage Media knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Heritage Media does not claim ownership of the User Content on the Website. You acknowledge that Heritage Media is not responsible for the accuracy of any User Content and that you and not Heritage Media are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Heritage Media provides this Website for entertainment, informational, educational and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Heritage Media be liable for any loss or damage caused by your reliance on any content on this Website.
You acknowledge that public forums offered on the Website are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
By posting or uploading User Content to this Website, you are granting Heritage Media permission to use the User Content in connection with the Website. By submitting User Content, you also grant Heritage Media the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Heritage Media may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Heritage Media has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide Heritage Media pursuant to the procedures outlined in our Intellectual Property Policy.
6. Compliance with Laws and Prohibited Uses
7. Intellectual Property
For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see Heritage Media’s Intellectual Property Policy.
8. Submission of Information
Although Heritage Media may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Heritage Media through this Website, Heritage Media does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.
10. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. Heritage Media does not collect personally identifiable information from any person Heritage Media actually knows is a child under the age of 13.
11. Denial of Access
12. Modifications and Interruption to Service
Heritage Media will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that Heritage Media does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Heritage Media’s control.
13. Third Parties and Third-Party Sites
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that Heritage Media is under no obligation to become involved. If there is such a dispute, you hereby release Heritage Media and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
14. Product Pricing, Descriptions and Display
Pricing and product availability are subject to change without notice. Heritage Media reserves the right to limit quantities. Prices displayed on this Website are subject to final approval at the time of order fulfillment. Heritage Media attempts to be accurate in its product descriptions. Heritage Media does not warrant, however, that product descriptions or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, wood grain, and other visual features of products might display differently on your computer monitor than the items appear in hand. Images are shown for representational purposes only. If a product offered by Heritage Media is not as described, your sole remedy is to return it in unused condition. Heritage Media reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion. All items purchased from Heritage Media are made pursuant to a shipment contract. The risk of loss and title for such items passes to you upon Heritage Media’s delivery to the carrier.
15. Governing Jurisdiction of the Courts of Tennessee
16. Other Terms