Terms of Use

Summary of the Terms of Use

Welcome to the website of dick clark productions. We wish to provide an excellent service to all users. Here is a summary of some of the terms of the binding legal agreement below the summary.

Summary of Some of the Terms of this TOU (Terms of Use)

Just View the Content. You can view the website and use its features and functionality, but you cannot (1) copy or download any of the content—not the text, not the images, nothing and/or (2) use information in ways that violate the terms of the agreement (the TOU).

Respect Others. The main point is that the services will be better for everyone (including you) if you do what you have always heard: Please respect others. We’re serious. Basically, dcp wants to keep you from using any of the dcp Services in a way that injures or damages someone else or injures or damages dcp.

The Privacy Policy Applies. The agreement (that is, the TOU) refers to other documents that are available at the web address noted in the agreement where each such document is mentioned. Those other documents are a part of the agreement. For example, dcp’s privacy policy is incorporated into the agreement (you can find the privacy policy at www.dickclark.com/privacy).

Changes to the Terms of Use. dcp may change the terms of the agreement below from time to time. That means also that we can change the terms of the documents that are incorporated by reference. We will post the new agreement and try to make sure that a notice is on the home page of one of the dcp websites. What this means for you: Any of your actions (and those of dcp) before the new terms are posted will be governed by the old terms. The new terms will apply if you accept them and then only for your actions after your acceptance.

Any Device. This TOU applies to use of the dcp Services through other devices such as a mobile phone. The use of such other devices may also have additional terms. Those terms will apply to that particular use of that particular device but the terms in this TOU will also apply.

Acceptance. How you accept the terms of the agreement is set forth below, in the section “1. Your Acceptance of These Terms.”

Minimum Age. There is a minimum age limit for users of the dcp Services and for the time being that is 13. We are sure that you will understand. If you are below that age then you have to stop using it immediately. We cannot be responsible for your use. It violates the terms of this TOU.

No Waiver. Our conduct (or lack of it) or any communications do not alter the terms of the agreement. That can be done in only two ways: by dcp posting new terms or by dcp executing a separate written agreement with you.

DMCA. We have a method for taking down material that someone may consider violates certain proprietary rights (e.g., copyright). That section of the TOU is Section 5.

Please carefully read what is set forth below, which is the binding agreement between dick clark productions and you. If you do not agree with the terms, then you must not use the services of dcp. You can contact us at tou@dickclark.com, with requests to change the terms, which we will consider. The legally binding agreement begins immediately below:

Terms of Use Agreement

Upon your acceptance this is a legally binding agreement between dcp and you. Critical to any agreement are “defined terms,” many of which are located throughout this document. Among the defined terms that are used quite a bit, are the following.

We will refer to this agreement as “Agreement” or “TOU.” In this Agreement, the terms “dcp,” “We” and “us” each refer to dick clark productions, Inc. or to any company that succeeds it (for example, by acquiring dcp). “You” refers to, well, you—the person using the dcp Services. You are also a “user,” meaning one who uses features and functionality of dcp Services.

Common sense will tell you that dcp Services means what you get when you view or use what is available from dcp. More specifically, though, “dcp Services” is defined as any combination of the following: (a) dcp Content; (b) the means by which dcp Content is displayed or otherwise delivered to you; (c) the features and functionality of such means of display and delivery and features and functionality; and (d) the look and feel of the display, delivery, features and functionality and including the trademarks, service marks, copyrights, logos and other proprietary rights of dcp. The dcp Services may change from time to time.

“dcp Content” means the information displayed from time to time by or on behalf of dcp and available for use by a user or users through the features and functionality of the dcp Services.

“dcp Site” means any website (or successor technology) and any other means of digital delivery of dcp Content and other aspects of dcp Services (e.g., features and functionality) such as mobile networks.

Other terms in this Agreement within quotation marks have the definitions given them at that point in the Agreement.

1. Your Acceptance of these Terms; Modifications to the TOU; Application of Terms

(a) Your Acceptance. By using any dcp Service, you agree to the terms of (1) this Agreement, (2) dcp’s privacy notice, found at www.dickclark.com/privacy and incorporated here by reference and (3) other documents specified in this Agreement and provided to you through a link in this Agreement. If you do not agree to any of these documents then you are prohibited from using any dcp Services until you agree to these terms or dcp and you reach written agreement (signed by both parties) on other terms. You may also submit your requests for changes to these terms by email at tou@dickclark.com, though we might not be able to reply to such requests.

(b) Modifications to the TOU and Other Policies. dcp may, in its sole discretion, modify or revise this TOU at any time by posting new terms of use on the dcp Site, and you agree to be bound by such new TOU for all of your use of the dcp Services after such posting and once you use of any dcp Services after such posting. Please review the most recent version on a frequent basis (www.dickclark.com/tou). Please note that this section means that dcp may modify or revise policies that are incorporated by reference into this TOU, which such modifications and revisions will be effective when posted.

Please note: Your use of the dcp Services prior to such posting (and your acceptance of the terms by your subsequent use) will continue to be governed by the previous terms of use on the dcp Site. New terms affect only new activity by you.

(c) Application of Terms. Every section of this TOU applies to every user, unless specified at the outset of a section that such section applies to only a select group of users.

2. dcp Services and Links to Third Parties, No Use of Other’s dcp Accounts

(a) Other Websites. The dcp Services may contain links to third party websites. dcp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. For purposes of this TOU, “websites” also means other services by which content may be delivered or functionality provided, e.g., mobile phones. In addition, dcp will not and cannot censor or edit the content of any third-party website. By using any dcp Services, you expressly relieve dcp from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the dcp Services and to read the terms and conditions and privacy policy of each other website that you visit or other information that you use.

(b) Advertising. dcp takes no responsibility for advertisements accessible through the dcp Services and/or any responsibility for the products or services provided by advertisers. Any relationship you have with advertisers is up to you. You agree that dcp is not liable for any claim you may have against an advertiser or any other party whose website or other content you access by clicking on a link on the dcp Site that takes you away from the dcp Site.

(c) Other Accounts. You can register at the dcp Site in many ways—for example, by subscribing to a newsletter or by using the site of a dcp partner that permits dcp to send you information. This will be a “dcp Account.” Whether or not you create a dcp Account, you are prohibited from using another person’s dcp Account without that person’s permission and you are prohibited from letting others use your dcp Account.

3. dcp Accounts

This Section 3 applies only to each user who creates an dcp Account. This Section 3 also includes the means for terminating an account.

(a) Creating a dcp Account. In order to access some of the dcp Services, you will have to create a dcp account. If you do not provide accurate and complete information then you will not get the benefits from that account. This also means that you need to update your account information when it changes.

(b) Account Data Subject to the Privacy Policy. As with all information dcp collects from users, the information in each dcp Account is subject to the privacy policy (which, as noted previously, is incorporated by reference into this TOU) which can be found at www.dickclark.com/privacy. Also as previously noted, that policy is subject to change from time to time.

(c) The dcp Account Is Your Responsibility. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Please immediately notify dcp of any unauthorized use of your account.

(d) Limitations on Liability from an dcp Account. Although dcp will not be liable for your losses caused by any unauthorized use of your dcp Account, you may be liable for the losses of dcp or others due to such unauthorized use. Additional terms relating to such liability (and the release of liability) are also found at Sections 6 and 7 below.

(e) Terminating or Closing an dcp Account. dcp has the right to terminate a dcp Account if a user is determined (in dcp’s sole discretion) to have infringed this TOU or the infringement is serious enough to warrant termination (e.g., pornographic, defamatory or obscene material). dcp may also terminate any accounts if its business changes. dcp will not necessarily notify you that an account has been terminated.

You may close your dcp Account at any time by sending an email with such instructions. Please send it to account@dickclark.com with the subject line “Please close account.” If the account information we have for on file for you is not correct, then we will not be able to close your dcp Account.

4. General Use of dcp Services: What You Can and Cannot Do

Below are set forth some of the principal terms for your use of the dcp Services. Basically, the intent is that you can view the dcp Content and use the features and functionality of the dcp Services but you cannot copy it or use it in any manner other than such viewing or browsing. Put another way, you are not to use the dcp Services for your commercial purposes.

(a) Permission. dcp hereby grants you permission to access and use the dcp Services as set forth in this TOU, provided that:

You agree not to alter or modify any part of any dcp Services.
You may access and use dcp Content and other features and functionality of dcp Services only as permitted under this TOU. dcp Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of dcp and, where appropriate, the respective owners or other rights holders.
You agree not to use the dcp Services for any commercial use without the prior written authorization of dcp.
You agree not to use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses dcp Services in a manner that sends more request messages to the dcp servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, dcp grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. dcp reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the dcp Site, or to use the communication systems provided by the dcp Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the dcp Site.
You will otherwise comply with the terms and conditions of this TOU, and all applicable local, national, and international laws and regulations when using any dcp Service(s).
dcp reserves the right to discontinue any aspect of the dcp Services at any time.
dcp reserves all rights not expressly granted in this TOU in and to the dcp Services.
(b) SPAM. We hate SPAM probably more than you do. You are prohibited from using the dcp Services for SPAM or any other form of unsolicited bulk communications. This means that you cannot use the dcp Services to “harvest” information about users to send, or to facilitate the sending of, unsolicited bulk or other communications. If you do so, then you acknowledge that you will have caused substantial harm to dcp and that the amount of such harm would be extremely difficult to measure. We have made a reasonable estimate of the damages and therefore, you will pay dcp $50 for each such unsolicited communication you send through the dcp Services.

You also understand that we may use technical measures from time to time to prevent the sending or receipt of such communications.

(c) dcp’s Trademarks and Other Assets. dcp, the dcp logo and other dcp marks, graphics, logos, scripts, and sounds are trademarks of dcp or proprietary rights of dcp. None of the dcp trademarks or proprietary rights may be copied, downloaded or otherwise exploited without dcp’s prior written authorization.

5. Digital Millennium Copyright Act-Takedown Notice

This Section enables you to seek removal of content from the dcp Services that you believe infringes on certain proprietary rights-and it provides you with the procedure to object to the removal of such content. (Removal also includes simply making it unavailable for users to see it.)

(a) Takedown Notice. If you are a copyright owner or an agent thereof and believe that any User Submission or other dcp Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing. The appropriate section of the federal law can be found at 17 U.S.C 512(c)(3). The law either requires the following information and procedure or website publishers have adopted the following, so as to make the process more effective:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please understand that your DMCA notice might not be valid if you fail to comply with all of the requirements of this Section.

dcp’s designated Copyright Agent to receive notifications of claimed infringement is: Margaret Conway at MConway@dickclark.com. Please send only the DMCA notices to the Copyright Agent. Send any other feedback or comments on this matter to dmca@dickclarkproductions.com.

(b) Notice of Objection to Takedown. You might not like it that certain content was removed. Here is the procedure to object, which requires you to meet certain criteria. You must represent the owner of the content (authorization from the owner or the copyright agent of the owner) or you are the owner or you have other rights under law to the content in question. If you meet at least one of these conditions then you may send this notice containing the following information to the Copyright Agent. You can also send us email but that will not replace the notice (send such an email to dmca@dickclarkproductions.com). The notice must include:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the exclusive jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If this notice is received by the Copyright Agent, dcp may send a copy of it to the original complaining party informing that person that dcp may replace the removed content in 10 or so business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 (or so) business days or more after receipt of the notice by the complaining party. However, doing so is at dcp’s sole discretion.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE dcp SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, dcp, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE dcp SERVICES AND YOUR USE OF SUCH SERVICES. IN PARTICULAR, YOU AGREE THAT USE OF THE dcp SERVICES IS AT YOUR OWN RISK. THE dcp SERVICES, INCLUDING THE dcp SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, dcp DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. dcp MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH dcp SERVICES OR THE CONTENT OF ANY SITES ACCESSIBLE THROUGH THE dcp SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY dcp SERVICES;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON SUCH SERVERS AND/OR NETWORK;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF ANY PART OF THE dcp SERVICES;

(V) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER INSIDIOUS MALWARE TRANSMITTED TO OR THROUGH THE dcp SERVICES BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE dcp SERVICES.

dcp DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE dcp SERVICES OR ANY HYPERLINKED WEBSITE OR OTHER LOCATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND dcp WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL dcp, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY dcp SERVICES;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON SUCH SERVERS AND/OR NETWORK;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF ANY PART OF THE dcp SERVICES;

(V) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER INSIDIOUS MALWARE TRANSMITTED TO OR THROUGH THE dcp SERVICES BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY dcp SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT (I) dcp SHALL NOT BE LIABLE FOR USER SUBMISSIONS AND/OR USER COMMENTS AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND (II) THAT THE RISK OF HARM OR DAMAGE FROM WHAT IS SET FORTH IN (I) ABOVE RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless dcp, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(I) Your use of and access to any dcp Services;

(II) Your violation of any term of this TOU;

(III) Your violation of any third party right, including without limitation any copyright, property, or privacy right.

This defense and indemnification obligation will survive the termination of this TOU and your use of any dcp Services.

9. Minimum Age & Your Ability to Accept this TOU

The minimum age for the use of the dcp Services is 13 years old. However, if you are between the ages of 13 and 18, then to agree to this TOU (and use the dcp Services) you need to have legal (such as a guardian) or parental approval or you must be what is known as an “emancipated minor” (which means that you have the approval under law to make your own decisions even though you are a minor). If you have to get that approval then please have that person email us at tou@dickclark.com and in the subject line include: “Children.” Please make sure that we can reply to the email you provide. You acknowledge that you are either 18 years old or older or you meet one of the conditions described in the sentence above if you are between 13 and 18. In either case, you also acknowledge that you are fully able and competent to enter into and comply with this TOU.

10. Written Approval & Amendments

In several sections of this TOU, we have referred to written approval from dcp for certain variations in some of the terms of this TOU. That written approval can be in the form of an email to you but it must be from an authorized representative of dcp, which means one of the members of senior management of dcp or the person or persons expressly authorized by them to act in this capacity. For example, a customer service representative would not be authorized to provide such written approval. In addition, that approval must expressly identify that this TOU is being adjusted and which particular provision or provisions is or are being changed. Any other modifications-such as an amendment-shall be valid only if posted by dcp and specifically amending, replacing or modifying this TOU. That right is specified in Section 1(b) above.

11. Term & Termination. Unless terminated early (as described below) this TOU shall continue in effect until such time as: your dcp Account is terminated (if you have an account); dcp (or its successor) ceases to offer the dcp Services or wishes to terminate this TOU; or dcp in its sole discretion terminates this TOU in relation to your use of the dcp Services if in its sole discretion your continued use of the dcp Services would be detrimental to dcp.

12. General Terms

In addition to the terms above, this TOU also includes the following provisions relating to the legal interpretation and enforcement of this TOU. Specifically, you agree that:

1.The dcp Services shall be deemed solely based in California;

2.The dcp Website shall be deemed a passive website that does not give rise to personal jurisdiction over dcp, either specific or general, in jurisdictions other than California;

3.These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles and we and you consent to the exclusive jurisdiction of the federal courts sitting in the City of Los Angeles, State of California;

4.Any claim or dispute between you and dcp that arises in whole or in part from your use of any dcp Services shall be decided exclusively by a court of competent jurisdiction located in California and you consent to the exclusive jurisdiction of such court, with the exception of claims objecting to a “takedown” as specified in Section 5(b) above, which includes your consent to jurisdiction of another court under specified circumstances;

5.This TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by dcp without restriction;

6.This TOU (which, remember, includes other documents incorporated by reference such as the privacy policy) shall constitute the entire agreement between dcp and you with reference to the dcp Services, unless dcp and you enter into a written agreement, executed by authorized persons, as to other matters;

7.If any provision of this TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect;

8.No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term or any other term, and dcp’s failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision;

9.Nothing in this Agreement shall be deemed to confer any third-party rights or benefits;

10.This TOU (and those versions that replace it by dcp posting them) continues in effect until dcp determines otherwise or dcp elects to terminate or alter dcp Services, with such termination or alteration requiring termination of this TOU;

11.dcp makes no representations that the dcp Services are appropriate or available for use in other countries outside of the United States. If you access any dcp Services from such locations jurisdictions you are choosing to do so at your risk. You are solely responsible for compliance with the laws of the jurisdiction from which you obtain such access;

12.You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case dcp will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained;

13.YOU AND dcp AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE dcp SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

End of Agreement