RESTRICTION ON USE OF MATERIALS
All materials on the Websites ("Materials"), including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, artwork, recipes, instructions, stories, synopsis, literary material, audio and video, are protected by copyright, trademark and other laws and may only be used for your personal non-commercial purposes. You may not copy, reproduce, download, republish, duplicate, distribute, upload, modify, post or transmit Materials in any way. You are also prohibited from creating materials that are based on and/or derived from Materials.
CODE OF CONDUCT
While using any of the Websites or submitting any Posting (as defined below), you agree to comply with the following standards and agree not to:
(1) create a false identity or impersonate any person;
(2) create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language;
(3) post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist, homophobic, gender identity and orientation or otherwise objectionable;
(4) engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior;
(5) use any of the Websites or Materials for any unlawful purpose or in any manner not intended by Hallmark Media or as contemplated in the Terms or on any Website;
(6) suggest, illicit or encourage any illegal activity;
(7) transmit any material, non-public information about any company without the express authorization to do so; or
(8) transmit any advertisements or solicitations or other unsolicited or unauthorized commercial or promotional content, materials or communication.
You agree that by posting, submitting or transmitting any materials, including, without limitation, images, names, photographs, graphics, logos, characters, illustrations, stories (fictional or nonfictional), artwork, recipes, instructions, synopsis, literary material, inquiries, opinion, suggestions, audio and video, on the Websites for any purpose (including, without limitation, to enter a Promotion (as defined below)) ("Postings"), you are granting to Hallmark Media, and to anyone authorized by Hallmark Media, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, broadcast, transmit, sell, exploit, create derivative works from and/or distribute such Posting, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose as we see fit in our sole and absolute discretion, with or without any advance notice or compensation. The foregoing grant shall include the right to exploit any proprietary rights in a Posting, including, but not limited to, rights under copyright or trademark, under any relevant jurisdiction. You are not entitled to any compensation for submitting any Posting on the Websites or any use of such Posting by us in our sole and absolute discretion. By submitting a Posting, you represent and warrant that (1) you own or otherwise control all of the rights to your Posting, including, without limitation, all copyrights and/or other intellectual property; (2) your Posting does not infringe any third party’s intellectual property or other right or violate the Terms; (3) your Posting will not cause injury or damage to any person, entity or property; (4) your Posting is accurate; and (5) you grant Hallmark Media consent to use your name, likeness, photograph, voice and/or opinions (and have obtained the same consent from any individual appearing in your Posting) for any purpose in any media, worldwide, without further payment or consideration to you or any third party. Hallmark Media takes no responsibility or assume any liability for any Posting and has the option, but not the obligation, to monitor, edit or remove any Posting. Hallmark Media has no obligation to use any Posting.
We receive many unsolicited ideas, suggestions or creative materials. However, it is our policy not to accept such unsolicited submissions to avoid any possibility of misunderstanding in the event that projects developed by us might seem to others to be similar to their own creative work. We do not review any unsolicited submission and the same will be returned to sender or destroyed.
From time to time, we offer or allow you to participate in promotions, free trial offers, giveaways, contests or sweepstakes (each, a “Promotion,” collectively, the “Promotions”) announced on our Websites or channels. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, birthdate, credit card number, telephone number, name of your cable provider, email address or other information. Participation in certain Promotions may be subject to specific official rules governing such Promotions, which may be announced in connection therewith. Regardless of whether or not specific rules are announced separately, all Promotions will be controlled by the Terms. As a condition to receiving any award or prize in connection with a Promotion, you may be required to provide additional personal information (such as, your social security number) and to sign a release, affidavit or waiver. Decisions of Hallmark Media shall be final in all matters relating to the Promotions.
Winner(s) will be selected in a random drawing taking place on or about the date publicized by us from among all eligible entries received during the entry period. Prize award is subject to verification of eligibility and compliance with the Terms. Potential winner will be confirmed via email and/or phone and may be required to sign and return, within a specified period of notification, Affidavit of Eligibility, IRS Form W-9, Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"). Failure to return any of the Releases required by us could result in forfeiture of the prize. If (1) prize notification is returned as undeliverable, (2) potential winner cannot be contacted, (3) potential winner is found to be ineligible or not in compliance with these rules, and/or (4) potential winner cannot or unwilling to accept or receive the prize (or any part thereof) for any reason, such potential winner may be disqualified and the prize may be awarded to an alternate winner. Winner will be solely responsible for all expenses associated with using the prize, unless otherwise specified in specific official rules. Winner must accept the prize as stated and “as-is” or prize may be forfeited and may be awarded to an alternate prize winner. Any difference between the stated ARV of a prize (if ARV is required to be specified) and the actual value of a prize will not be awarded to the prize winner. Prizes are non-transferable in whole or in part except at the discretion of us. No substitution or cash redemption will be awarded except at the discretion of us. We reserve the right to substitute a prize (or component thereof) in the event a prize is unavailable for any reason whatsoever. Winner shall bear all risk of loss or damage to prize upon being awarded to winner and we do not have any obligation or responsibility to replace prize if lost, damaged or stolen. We have not made nor in any manner are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize thereof, including, but not limited to, its quality, condition, appearance, safety, performance. We are not responsible for any fees, costs, or additional charges resulting from you entering and participating in a Promotion and/or being awarded and/or receiving and/or using a prize. Non-winning entrants will not be notified. Odds of winning a prize depend on the number of eligible entries received.
1. By participating, entrants (and his/her parents/legal guardian if winner is a minor) agree to hold Hallmark Media, its agencies, its prize providers, affiliates, cable providers, social network (e.g., Facebook, Twitter, Instagram) and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, prize suppliers and all of their respective directors, officers, employees, assigns and agents (collectively, “Released Parties”) harmless from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in a Promotion or receipt or use or misuse of any prize. Acceptance of prize constitutes granting permission to Hallmark Media and its designees to use winner’s name, likeness (and biographical information) for advertising, marketing and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further compensation, notification or right of approval, unless prohibited by law. The Released Parties are not responsible for (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotions, (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software, (3) unauthorized human intervention in any part of the entry process or the Promotions, (4) technical or human error which may occur in the administration of the Promotions or the processing of entries, (5) late, lost, undeliverable, damaged or stolen mail or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotions or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any typographical, clerical, logistical or other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with a Promotion. If for any reason an entrant's Promotion entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in such Promotion, provided that, if it is not possible to award another entry due to discontinuance of such Promotion, or any part of it, for any reason, Released Parties, in their sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes to be available and/or claimed, Released Parties reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. We reserve the right to cancel, suspend and/or modify a Promotion, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Promotion or for any other reason, as determined by us in our sole discretion. We, in our sole discretion, reserve the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Terms or any other promotion or in an unsportsmanlike or disruptive manner. If disqualified, no prize may be awarded or prizes may be awarded in a random drawing using all non-suspect, eligible entries received as of the date of termination. We may demand the winner of a Promotion to immediately return any prize (or the value of the prize) which has been or may be awarded if any statement made by such winner to us is false or if such winner is disqualified for any reason. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any term of the Terms shall not constitute a waiver of that provision. In the event a dispute arises as to the identity of a potentially winning online entrant, entries made by internet will be declared name on the online entry form. No Promotion conducted on a social network (e.g., Facebook, Twitter, Instagram) is in any way sponsored, endorsed or administered by, or associated with such relevant social network. All applicable federal and state laws apply. Any federal, state and local taxes resulting from acceptance and use of prize are the responsibility of the winner. Unless otherwise set forth in specific rules for a particular Promotion, Promotions are only open to persons who are as of the date of entry 21 years of age and legal residents of and physically located within the 48 contiguous United States. Any prize awarded as part of a Promotion will be shipped only within the United States.
LINKED THIRD PARTY WEBSITES AND ADVERTISERS
DISCLAIMER OF WARRANTIES
While we try to optimize the performance of the Websites, your use of the Websites and any Materials and services provided through the Websites are entirely at your own risk. The Websites are provided "AS IS" and without warranties of any kind whether express or implied. To the fullest extent allowable by law, we disclaim all warranties, either express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. We do not warrant that the functions contained on the Websites will be uninterrupted, error-free, virus-free, free from other defects or that such defects will be corrected. The information supplied is intended to serve as entertainment and/or an educational supplement and is in no way to be considered advice. No opinion, advice or statement of Hallmark Media or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members of other users of the Websites, whether made on the Websites, in the Materials or otherwise, shall create any warrant.
LIMITATION OF LIABILITY
NEITHER HALLMARK MEDIA NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DISTRIBUTOR, AGENTS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, POSTINGS, ANY THIRD PARTY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, POSTINGS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, POSTING, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO HALLMARK MEDIA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO HALLMARK MEDIA, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND HALLMARK MEDIA OR A REPRESENTATIVE OF HALLMARK NEDIA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless Hallmark Media, our parent companies, subsidiaries, affiliates, distributor, agents, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from (1) your breach of the Terms; (2) any allegation that any Posting or other information you submit to us or transmit to the Websites infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (3) your access to and use of the Websites; and/or (4) any claim that any Posting caused damage or loss to a third party, including, without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Please use the following procedure to notify us if you believe in good faith that any Material contained on the Websites infringes your copyright.
Pursuant to Title 17 of the United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication provided to the designated agent (please see designated agent's information below) of service provider that includes substantially the following:
(1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification should be sent to the designated agent as set forth below:
Legal & Business Affairs
12700 Ventura Boulevard
Studio City, California 91604
Phone: (818) 755-2400
We reserve the right to change the Terms at any time without any notice to you, which changes will be effective immediately upon posting of revised Terms. Your continued use of the Websites following the posting of revised Terms will mean you have accepted such Terms.
TERMINATION OF ACCOUNT
Hallmark Media has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any or no reason.
The Terms shall operate to the fullest extent permitted by law. If any provision or part of the Terms is held unlawful, void or unenforceable it shall not affect the validity and enforceability of the remaining provisions of the Terms.
Updated: January 24, 2023