Access to the www.rundown.com website (the "Website") and the other Services (defined below) is provided by The Rundown, LLC ("The Rundown") subject to the terms and conditions of these terms of service (these "TOS"). By using this Website or the other Services, you agree to these TOS. The Rundown may change these TOS from time to time and at any time, and without actual notice to you. All such changes to these TOS will appear on the Website, and by using the Website after the posting of any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these TOS, do not use the Services. If The Rundown determines in its sole discretion that you have in any way breached these TOS, The Rundown reserves the right to terminate your account and refuse any and all current or future use of the Services.
This Website and any message board, newsgroup, mailing list or other interactive service that may be available to you on or through this Website or otherwise from The Rundown (collectively and including the Website, the "Services") are provided to you solely for entertainment purposes. By using the Services you agree to provide true and complete information about yourself as prompted by any registration form. You acknowledge that you are at least 21 years of age at the time of registration.
In your use of the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use thereof; (iii) interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including The Rundown, or create or use a false identity; (v) attempt to obtain unauthorized access to the Services; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about or belonging to other users without their express consent or other information; (viii) use any meta tags or any other "hidden text" utilizing The Rundown's name, trademarks, or product names; (ix) engage in any activity that interferes with any third party's ability to use or enjoy the Services; (x) use the Services for any purposes that may be illegal, harmful, deceptive, degrading, insulting or otherwise inappropriate, as determined by The Rundown in its sole discretion; or (xi) assist any third party in engaging in any activity prohibited by these TOS. Except as expressly permitted, you agree not to use the Services for sale, trade or other commercial purposes, and you may not in any way exploit the content on the Services for such purposes. You agree to immediately notify The Rundown of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge that The Rundown is not responsible for material submitted to or posted on the Services. The Rundown has the right at its sole discretion to refuse or remove any content, in whole or part, that does not comply with these TOS or is otherwise undesirable, inappropriate or inaccurate. The Rundown is not responsible for any failure or delay in removing such content. You acknowledge and agree that The Rundown may preserve any and all content and user information and may also disclose such if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary. The Rundown assumes no responsibility for the deletion or failure to store postings, content or other information submitted by you or other users.
You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by or submitted to The Rundown or otherwise via the Services. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect the views of The Rundown, and The Rundown does not support or endorse content posted or submitted by you or any user. Any information or material submitted or sent to The Rundown or otherwise via the Services, will be deemed not to be confidential or secret. By submitting or sending information or other material to The Rundown or otherwise via the Services you represent and warrant that the information is original to you and that no other party has any rights to the information or material. By communicating with The Rundown, including by means of submitting or sending content or other information or material, you grant The Rundown a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use and exploit such content, information or material, in any form, media, or technology now known or later developed.
You may be able to link to third parties' websites ("Links") from the Services. The Rundown is not responsible for the content, availability, advertising, products or other materials of any Links, or any additional links contained therein. These Links do not imply any endorsement or association. In no event shall The Rundown be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through such Links. The Rundown reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any Links. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable intellectual property laws.
THE LINKS MAY CONTAIN SEXUALLY EXPLICIT OR OTHERWISE OFFENSIVE MATERIAL. IF YOU ENTER THESE LINKS, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKS DOES NOT VIOLATE THE STANDARDS OF THE COMMUNITY TO WHICH YOU BELONG AND/OR FROM WHICH YOU ACCESS THESE LINKS.
Any type of link to the Website or other Services is subject to The Rundown's prior consent.
From time to time, The Rundown may offer contests, promotions or games (collectively, "Games") as part of the Services, which Games may require the completion of registration forms. Upon submission, all registrations become the exclusive property of The Rundown. Participation in any such Game shall be subject to the rules published by The Rundown with regard thereto, and you agree to release The Rundown and its affiliates, agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Game located on, or accessed through, the Services. Some Games may offer prizes to participants; all such prizes are subject to the rules of such Game. The Rundown reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
All materials contained in the Services are the copyrighted property of The Rundown and its affiliates or licensors. As between The Rundown and you, The Rundown is the sole owner of all content on the Website and the other Services, including all intellectual property rights thereto and therein. You may not download or save a copy of the Website or any portion thereof, for any purpose; provided that you may print individual screens appearing as part of the Website solely for your personal, non-commercial use or records, as long as any marks or other legends that appear on the copied screens remain on such screens.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact The Rundown as soon as possible.
THE WEB SITE AND OTHER SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RUNDOWN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) WARRANTIES CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ON THE WEBSITE OR OTHER SERVICES; AND (ii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THE RUNDOWN DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE RUNDOWN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF THE RUNDOWN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE RUNDOWN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold The Rundown, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising from or in connection with (i) your use or misuse of the Website or other Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you or (iii) any violation of these TOS by you. The Rundown reserves the right to assume the exclusive defense and control of any matter subject to such indemnification and you will cooperate with The Rundown in asserting any available defenses.
You expressly agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these TOS and that exclusive jurisdiction for any claim or dispute with The Rundown or relating in any way to your use of the Services resides in the courts of the County of Los Angeles in the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles in the State of California, in connection with any such dispute and including any claim involving The Rundown and/or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.