Last Updated: June 24, 2022
PROPRIETARY RIGHTS; USE OF CONTENT
In using or accessing the Platform you agree:
- to use the Platform for your personal, noncommercial, entertainment use on a single device (e.g., computer, mobile or tablet) only;
- not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Platform;
- not to use the Platform for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
- not to disrupt or interfere with any other user’s enjoyment of the Platform;
- not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Platform, the content of any text or the layout/design of any page) without Katie Couric Media’s express written consent;
- not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without Katie Couric Media’s express written consent;
- not to use the Platform for any commercial purpose not expressly approved by Katie Couric Media in writing, including without limitation, unsolicited advertising junk mail or spam;
- not to monitor, scrape, index or otherwise copy any of the material on the Platform by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
- not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Platform, except as permitted by applicable laws;
- not to “deeplink” to the Platform without Katie Couric Media’s express written consent; and
- not to attempt to obtain unauthorized access to the Platform or portions of the Platform that are restricted from general access.
FORUM, BLOG, EVENTS AND POSTING POLICY
From time to time on certain areas of our Platform you may be able to submit photos, events, videos, testimonials, podcasts, written posts, and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Katie Couric Media, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or any feature of the Platform.
Katie Couric Media assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. Katie Couric Media does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Katie Couric Media without the prior review and written approval of Katie Couric Media.
SHOP, GUIDES, STORIES, LINKS AND THIRD PARTIES
Katie Couric Media provides stories and articles on movies and gifts and suggestions on interesting and exciting products and services, among other items. Katie Couric Media does not sponsor or endorse and is not responsible or liable for the content, products and services discussed on the Platform and which may be available through such hyperlinks/purchase buttons. The hyperlinks and purchase buttons on the Platform to third party sites are solely provided as a convenience to you. If you use these links or buttons, you will leave the Platform.
We may include products and services on our Platform relevant to our site values or ethos. We do not investigate, examine, research, confirm, or verify the values or ethos of Third Party Provider’s. It is your responsibility to undertake any research, investigation, examination, confirmation or verification regarding these values or ethos if they are critical to your purchase decisionmaking.
AFFILIATE MARKETING AND SPONSORSHIPS
RETAILER/SUPPLIER/THIRD PARTY PROVIDERS ADDITIONAL TERMS AND CONDITIONS
DIGITAL MILLENNIUM COPYRIGHT ACT
Katie Couric Media has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your content has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Katie Couric Media’s Copyright Agent via email to firstname.lastname@example.org with a subject line that includes “DMCA Request”, by phone to or via mail to the following address:
c/o Katie Couric Media
75 Varick Street
New York, NY 10013
Katie Couric Media may terminate the Platform use of any repeat infringer.
CHANGES TO PLATFORM
We may add, change, discontinue, remove or suspend any portion of the Platform at any time, without notice.
KATIE COURIC MEDIA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR THE PRODUCTS OR CONTENT THEREIN, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KATIE COURIC MEDIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, CONTENT AND ANY LINKED PLATFORM, INCLUDING WITHOUT LIMITATION, THOSE OF THIRD PARTY PROVIDERS. KATIE COURIC MEDIA DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. KATIE COURIC MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY PRICING INFORMATION. YOU (AND NOT KATIE COURIC MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. KATIE COURIC MEDIA MAKES NO REPRESENTATION ABOUT THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THIRD PARTY PROVIDERS’ PRODUCTS AND SERVICES, INCLUDED ON ITS PLATFORM AND THE INCLUSION OF SUCH PRODUCTS DOES NOT CONSTITUTE AN ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT OR ANY OTHER CAUSE OF ACTION, SHALL KATIE COURIC MEDIA AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, THIRD PARTY PROVIDERS, AFFILIATES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “KATIE COURIC MEDIA PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES; (B) YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY PLATFORM, PRODUCT OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE PLATFORM; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A KATIE COURIC MEDIA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PERMISSION FOR WEB LINKING
If you link to the Platform, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Katie Couric Media. Any such link must not damage, dilute or tarnish the goodwill associated with Katie Couric Media and/or any Katie Couric Media intellectual property, nor may the link create the false appearance that your Platform or organization is sponsored, endorsed by, affiliated or associated with Katie Couric Media, and you may not “frame” the Platform. You may not link to the Platform from any Platform that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Katie Couric Media’s sole discretion. Katie Couric Media reserves the right, in its sole discretion, to terminate any link from any Platform.
Katie Couric Media will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Katie Couric Media’s reasonable control.
ARBITRATION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER.
If you pursue a legal claim against Katie Couric Media you agree to arbitration (with limited exceptions and except where prohibited by law):
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.
- The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Interlace any class action, class arbitration, or other representative action or proceeding.
- Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Katie Couric Media (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
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