Dick Clark Productions

Terms of Use

Effective:  September 9, 2022

Your use of the website on which these terms reside (“Site”) and the features at this Site are subject to these Terms of Use (“Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by Dick Clark Productions (“Company” or “we”). By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including, without limitation, binding arbitration, disclaimers of warranties, and damage and remedy exclusions and limitations. This Site is intended for and applicable only for those who are eighteen (18) years of age or older. This Site is not a consumer-directed website and is intended only to provide commercial information to our business partners, prospective business partners, and job applicants. The websites operated by our affiliates and subsidiaries are subject to different terms.

From time to time, we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Company Content

Content on this Site that is provided by Company or its licensors, including certain graphics, videos, photographs, images, screen shots, text, articles, and any interactive content, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display, or use any Company Content located on the Site (i) in or as part of any publications or audiovisual productions (including, without limitation, on social media platforms); (ii) in public performances; (iii) on websites other than this Site for any other commercial purpose; (iv) in connection with products or services that are not those of Company; and/or (v) in any other manner that is likely to cause confusion among consumers, disparages or discredits Company and/or its licensors, and/or infringes upon or otherwise dilutes the strength of Company’s or its licensors’ intellectual or other property rights. You further agree to in no other way misuse any Company Content that appears on this Site.

User Submissions

Unless personally and directly requested by Company, we expressly request that you do not submit any creative content, articles, ideas, concepts, techniques, designs, plans, charts, or similar materials (collectively “Submitted Ideas”) to us in any form, over any medium (including, without limitation, via e-mail). The Site is not intended for you to submit any unsolicited materials. We are under no obligation to review or keep your Submitted Ideas, and we reserve the right to delete or review any Submitted Ideas in our sole discretion. If you disregard our request and disclose or offer any Submitted Ideas, the Submitted Ideas will be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Company. In such cases, we will be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise, without any form of compensation to you. Further, you understand and acknowledge that Company may employ internal and/or external resources which may have developed, or may in the future develop, ideas identical or similar to your Submitted Ideas.

Use of the Site

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, threatening, or hateful; (b) 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; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You agree to indemnify and hold Company, its parent, affiliate, and subsidiary entities, and each of their respective officers, directors, members, managers, employees, contractors, agents, distributors, and licensees harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or which arises from or in connection with any content you submitted, posted, or otherwise provided to Company or this Site.

Disclaimers, Representations, and Limitations of Liability

Company makes no representations about the reliability of the features of this Site, the Company Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content will be preserved.

Company 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-provided content. You shall not create or distribute information, including, without limitation, advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or posting information to the Site. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Binding Arbitration

You and Company agree that, except for either party’s claims of infringement or misappropriation of any other party’s patent, copyright, trademark, or trade secret, any controversy or claim arising out of or relating to the Site or the Terms and/or the Privacy Policy shall be settled exclusively by binding arbitration in California, or at such other location as may be mutually agreed upon by the parties or in a location determined by the arbitrator as set forth herein, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), unless any such rules are inapplicable to the dispute by their terms or otherwise inconsistent with these Terms. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The Federal Arbitration Act shall govern the enforceability, interpretation and effect of terms set forth in this provision.  Otherwise, the arbitrator shall apply California law or applicable federal law consistent with applicable statutes of limitations and shall honor claims of privilege recognized at law. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and Procedures and fee schedule, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate the dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Third-Party Websites

This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither you nor Company has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles.  By using this Site, you agree that any litigation shall be subject to the exclusive jurisdictions of the state or federal courts located in California, except as to any matters subject to the mandatory arbitration provision above. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Company and are accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Company regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement and that you agree to be bound by these Terms.