The Whoa Show :: Terms of Use

Read This Terms of Use Agreement Before Accessing The Whoa Show

Effective Date: This Terms of Use Agreement was last updated on November 15, 2007.

This Terms of Use Agreement sets forth the standards of use of The Whoa Show "Website". By using The Whoa Show Website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at The Whoa Show Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

Ability to Agree

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to the terms and conditions set forth in this Terms of Use Agreement. In any case, you affirm that you are at least 13 years of age, as the The Whoa Show Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

Disclaimer of Warranties

The Website is provided by The Whoa Show on an 'as is' and on an 'as available' basis. To the fullest extent permitted by applicable law, The Whoa Show makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. The Whoa Show shall have no liability for any interruptions in the use of the Website. The Whoa Show disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

The Whoa Show shall not be liable for any damages whatsoever, and in particular The Whoa Show shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Website or the information contained in it or the process of creating content for it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if The Whoa Show has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

Creating Content

In creating content for The Whoa Show, or otherwise participating or interacting with The Whoa Show in any way, Member agrees to do so safely and lawfully. It is the responsibility of the Member to make sure that personal and public safety is ensured, and that all laws and regulations that govern Member are fully complied with, during the process of creating content.

Prohibited Content

The Whoa Show's goal is to promote the free-flowing exchange of expression while maintaining respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the Website, the following content is prohibited on The Whoa Show:

Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
Content promoting or providing instructional information about illegal activities.
Content depicting cruelty to animals.
Copyrighted content or material that is used without the express permission of the owner.
Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of The Whoa Show server or other users' computer.
Content that violates any applicable laws or regulations not specifically referenced herein.
The Whoa Show has no obligation to monitor the content which has been uploaded to the Website for compliance with the foregoing. However, The Whoa Show reserves the right to review materials uploaded to the Website and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to Member. If notified by a third party of uploaded material that allegedly does not conform to these Terms of Use, The Whoa Show may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

Submitted Content

Content or material Member sends to us or posts anywhere on the Website, including, without limitation, video, text, artwork, graphics, photos, music or software, may be used by The Whoa Show throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable any such use. Furthermore, Member acknowledges that The Whoa Show is free to use any ideas, concepts, know-how, or techniques contained in any communication that Member sends to or posts on the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. As a general rule, we ask that Member does not post, send or bring to our attention any creative content or materials of any kind, such as stories or character ideas, screenplays, or original artwork, unless Member agrees to our use thereof as described above. [Please understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed independently by our professional staff might seem to others to be similar to their own creative work.]

If, despite our request that Member not send us any creative content or materials, Member sends us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of The Whoa Show. None of the Information shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, by sending us Information, you grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Information in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

The Whoa Show does not control or endorse the content, messages, information, opinion, recommendation, or advice expressed or found in any user-generated content or uploaded material to the Website and, therefore, The Whoa Show specifically disclaims any and all liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

The Website is owned and operated by The Whoa Show in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Website in any way, without our prior written permission. You acknowledge that you do not acquire any ownership rights by using the Website.

The Whoa Show, First In Action, Opposite Line, Soap Stage, Take One Role,and all associated logos and domain names, including, without limitation, www.whoashow.com, are trademarks, logos, service marks, and/or domain names of The Whoa Show. These may not be used in connection with any product or service that is not provided by The Whoa Show, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits The Whoa Show.

Other trademarks, service marks, logos, and/or domain names used on the Website are the trademarks, service marks, logos, and/or domain names of their respective owners.

Infringement of Copyright

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:

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 are covered by a single notification, a representative list of such works.
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 blocked, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted.
A 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including a 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.

Notices and counter-notices for the Website should be sent to copyright@whoashow.com. Consultation with a legal advisor is recommended before the filing of a notice or counter-notice. Please also be aware that there can be penalties for false claims.

Indemnification

Member agrees to indemnify and hold The Whoa Show, its affiliates, sponsors, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Website (including the process of creating content for it), the violation of this Agreement, or infringement by Member, or other user of the Website using Member's computer, of any intellectual property or any other right of any person or entity.

Modifications

The Whoa Show reserves the right to modify the Website with or without notice to the Member. The Whoa Show shall not be liable to Member or any third party should The Whoa Show exercise its right to modify the Website. Member acknowledges and accepts that The Whoa Show does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

Governing Jurisdiction

The Website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that the Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Miscellaneous

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Member agrees not to use The Whoa Show in any manner that interferes with its normal operation or with any other users' use and enjoyment thereof. The Whoa Show reserves the right to terminate Member access to any or all of the services offered by The Whoa Show at any time without notice for any reason whatsoever.