2. Using the Site and Content
4. Accessing a Site from your Mobile Device
6. West Creek Media™ Points Scheme
7. Public Forums and Communication
8. Rules of Conduct
9. Cooperation; Removal of Submissions
11. Responsibility for your Account(s)
12. Our Liability
13. Events Beyond Our Reasonable Control
14. Law and Jurisdiction
17. General Provisions
2. USING THE SITE AND CONTENT
The Site is only for your personal use. You may not use the Sites for commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
All information, materials, functions and other content and applications (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are owned by us and/or our licensors or licensees.
We may change the Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Site may be used other than as part of the Site, reproduced, transmitted, distributed or otherwise exploited in any way, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer or mobile device (as applicable) for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on a Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume, automated use of the Site or transferring of any Content to any other computer or mobile device is prohibited.
In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests, and promotions); and (b) that you distribute on or through the Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 7, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS.
Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials, so please do not distribute Unsolicited Submissions on or through the Site. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work.
If despite our request, you intentionally or unintentionally send us Unsolicited Submissions on or through the Site, you do so even though there is no agreement whatsoever between us regarding any consideration or review of your Unsolicited Submissions or any compensation or consideration of any type. In fact, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable worldwide license under all copyright, trademarks, patents, trade secrets and other intellectual property rights you own or control, to use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on West Creek Media™ group sites, on third party websites, broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes in any media format and through any media channels including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”).
To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of the applicable mechanical and/or performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives, and other authorised users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any such society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorised users) a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable worldwide licence to publicly perform each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on the Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in Section 7 labelled “PUBLIC FORUMS AND COMMUNICATION”) that require the use of our copyright works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorised users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
4. ACCESSING A SITE FROM YOUR MOBILE DEVICE
To access the Site from your mobile device, and to license and download Content from the Site you must have (i) permission from the person that pays the bill, (ii) a WAP-compatible mobile device, (iii) activated the WAP facility through your network provider, and (iv) sufficient credit as a customer of a network provider.
CHARGES FOR USING A SITE FROM YOUR MOBILE DEVICE
All fees and costs incurred when using a Site from your mobile device are collected via your mobile account. This means that your network provider collects the respective amount from you on our behalf and forwards it subsequently to us.
When you access the Site from your mobile device, your network provider’s standard messaging, data and other rates and fees will apply. You should check with your network provider to find out what plans are available and how much they cost.
In addition, downloading, installing, or using certain services provided by us through your mobile device (the “Mobile Services”) may be prohibited or restricted by your network provider, and not all Mobile Services may work with all network providers or devices. You should check with your network provider to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services.
We may make Content, such as games, available on the Site for you to license and download. When purchasing a license to use and download certain Content from the Site charges in addition to the standard data charges referred to above may apply to such Content (“Additional Charges”). Any Additional Charges will be advised to you clearly on the Site before you complete the relevant license purchase. The Additional Charges are displayed inclusive of value added tax (VAT) and similar consumption taxes and are subject to change.
We may offer certain Content free of Additional Charges, or at reduced Additional Charges, in respect of which you may be required to watch an advertisement or receive other marketing before or after you use such Content. By accessing, downloading or otherwise using such Content, you consent to receive such advertisement or other marketing communication each time you use the relevant Content. If you no longer wish to receive such advertisements or other marketing communications you should stop using the Content and delete it from your mobile device.
Each time you use a Content online, your normal network provider rates will apply in the manner explained in the “Data Charges” Section above and we will notify you of this each time you have to go online to use such Content.
LICENSING OF MOBILE CONTENT
To license any mobile Content available on the Site, follow the instructions displayed. You make a binding offer to license the chosen Content for the price displayed (if applicable) by clicking on the relevant link or button.
Please ensure that you have chosen the correct Content before clicking on the relevant link or button as the Site does not allow you to change your order once you have clicked.
If West Creek Media™ accepts your offer the chosen Content will be available to you on your mobile device. You will be charged the appropriate Additional Charges if applicable and data charges as displayed on the Site. You may need to save the Content to your mobile device after it has been delivered to you. Saved Content will be available to you until deleted by you or until you exchange or dispose of your mobile device. Once you have deleted Content from your mobile device it will not be replaced.
Except as may be permitted by law, Content is not exchangeable or refundable.
The Site may require you to create an account to participate in certain activities or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). 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, or providing false details for a parent or guardian, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of the information you provide, including making spot checks of any mobile number you may provide for a parent or guardian. You also agree to promptly notify us at the address set out in Section 18 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 Site. In addition, you agree to exit from your account at the end of each session.
6. WEST CREEK MEDIA™ POINTS SCHEME
We may from time to time offer a scheme where you can earn points for spending time on the Site, downloading content or participating in activities on the Site (the “Points Scheme”). These points can be exchanged for Content that we offer to you through the Points Scheme.
When the Points Scheme is available, details of it, and how you may earn points, will be posted on the Site. We reserve the right to amend the terms of, or remove the Points Scheme at any time in our absolute discretion, with or without notice to you.
7. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of a Site that enables users or visitors of the Site to Distribute Submissions for viewing by one or more users or visitors to the Site, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-to-a-friend e-mails).
You are and shall remain solely responsible for the Submissions you Distribute on or through the Site submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same.
You acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Your ability to access and browse Public Forums and/or to submit and/or post Submissions within a Public Forum may be subject to certain age restrictions and/or related procedures or terms and conditions that we may revise in our sole discretion at any time and for any reason. Any such age restrictions, procedures and terms and conditions will be posted on the Public Forum, as applicable.
8. RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages any of the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
6. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
7. does not generally pertain to the designated topic or theme of the relevant Public Forum.
You acknowledge and agree that when using the Site, you may be exposed to Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions.
9. COOPERATION; REMOVAL OF SUBMISSIONS
THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT, AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
The Site may contain (or you may be sent through a Site) links to other sites (“Third Party Sites”) as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, information applications software and other content or items originating from third parties (“Third Party Content”). We explicitly disclaim any responsibility for the accuracy, completeness, appropriateness or availability of information, content, and materials found on Third Party Sites or in Third Party Content. We cannot ensure that you will be satisfied with any products or services that you purchase from a Third Party Site that links to or from a Site or third-party information, content or materials contained on our Sites (including, without limitation, Submissions contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any Third-Party Site or any Third-Party Content. CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE THIRD PARTY SITES OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES OR ANY THIRD PARTY CONTENT AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN ANY THIRD PARTY SITE OR THIRD PARTY CONTENT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our Site (including, without limitation, Submissions), on Third Party Sites or in any Third Party Content, and any information, content and materials you provide to any Third Party Sites (including, without limitation, credit card, and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Furthermore, any Content dealing with health or medical matters is not intended to be a substitute for professional medical advice. Always seek the advice of your doctor with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or the emergency services immediately. Reliance on any information appearing on the Site is strictly at your own risk.
11. RESPONSIBILITY FOR YOUR ACCOUNT(S)
12. OUR LIABILITY
We do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable laws.
Subject to applicable law, we, our group undertakings, our and our group undertakings’ licensors or licensees, and their respective resellers, distributors, service providers or suppliers, do not accept liability for any loss, damages, costs or expenses suffered by in connection with your use of any software, application, device or any other material provided to you in connection with your use of the Site, or for any loss which is not a direct and reasonably foreseeable consequence of the (a) use of, or the inability to use, the Site or content, or (b) the conduct or actions, whether online or offline, of any user of the Site or any other person or entity, even if we have been advised of the possibility of such damages.
Where you use the Site for the Mobile services we are not liable in any way for any failure of the Site or mobile services including where your mobile device in not compatible with the content you have ordered, for any connectivity failure of your mobile device or where you provide an incorrect device number.
We may change the Site or delete content or feature or services provided through the Site in any way, at any time and for any reason or no reason.
13. EVENTS BEYOND OUR REASONABLE CONTROL
14. LAW AND JURISDICTION
Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
17. GENERAL PROVISIONS
If you have any queries you can write to us at:
West Creek Media
15332 Antioch St. #581
Pacific Palisades, CA 90272