PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE JOINING THE PREVIEW CLUB newsletter and site (the "Site"). This Site is fully controlled and operated by Redband Broadcasting, Inc. ("Redband" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Redband (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 October 25, 2001.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio
clips, video clips, 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) Redband and/or
its subsidiaries, affiliates or assigns, (ii) Redband'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 US
and foreign copyright, trademark and other applicable laws. 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 Web site) without the express prior written consent of Redband.
Use of Redband 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, 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 EMAIL SERVICES (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 Privacy Policy for information on
how Redband collects and uses user's personal information in connection with
this Site. Notwithstanding the terms of the Redband Privacy Policy, you grant to
Redband 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 Redband's policy to respect
the privacy of its users, including information about user's use of the Site,
including, the contents of users' email ("Email Content"), Redband
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
Redband 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 Redband; 3) to enforce the Terms of Service; or 4) to act to protect the
interests of its members and others.
You agree to notify Redband 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, Redband shall not be
responsible for upholding any applicable terms, conditions, representations of
warranties made by advertiser or user in connection therewith.
Redband 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 Redband, 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 Sponsors do not endorse or otherwise recommend any of the information or services provided to you by Redband. The views and opinions contained in materials provided directly to you by Redband 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. Termination of the Services
Redband may terminate the Services at any time with or without cause. Neither
Redband 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 unsubscribe@redband.com. The subject
lines of the mail should read "remove " where represents the name the
user uses to log in. The body of the email should include the member's username,
password, and email address. Redband will send a confirmation when the user's
account is deleted. Upon termination of the Services, Redband will have no
further obligation thereafter to forward any unread or unsent messages to user
or any other party.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Redband provides Contest Rules for certain activities on this Site which may
include without limitation, email services, contests, sweepstakes, and auctions
by Redband 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
Redband 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, Redband, 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 Redband OR ANY THIRD PARTY. Notwithstanding
the foregoing, in no event shall Redband'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
Redband, the Site Sponsors, or their respective subsidiaries and affiliates of
the opinions or views expressed by these linked websites and neither Redband 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 Redband 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 Redband, 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 Redband 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 Redband 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, Redband, 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. Redband 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 Redband in asserting any available defenses.
MISCELLANEOUS
Redband operates and controls this site from its offices at 706 Mission
Street, San Francisco, CA 94103. 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
re-exported in violation of any law including, without limitation, to countries
that are subject to US 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 California 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 San Francisco.