FOX FAST

Foxfast

TRADEMARK & COPYRIGHT NOTICE / TERMS OF USE / INTERNET PROMOTION GUIDELINES / Terms Of Use for Streaming Media / TERMS OF USE FOR PRESS

Trademark & Copyright Notice:
TM & © Fox and its related entities. All rights reserved. Use of this web site assumes acceptance of the Terms of Use.

Terms of Use:
Visitors to this web site are hereby authorized to use the materials contained herein subject to the following restrictions:

All materials contained in this web site are being supplied to you solely for use in the advertisement and promotion of product currently under license to you by Twentieth Century Fox International Television, Inc. or a related entity ("Fox"). The names, likeness, and all other creative elements of the television programming ("Programming") contained in this web site, including the titles, characters, images, themes, artwork and distinctive lettering of the Programming, are protected under the copyright and trademark laws of the United Stated and all countries throughout the world. Under these laws, the copyright and trademark owner has the exclusive worldwide right to control the use and reproduction of its copyrighted material and trademarks in all media now known or which may come into being in the future. Most jurisdictions provide that substantial civil and criminal penalties may be imposed for violation of these rights.

In no event shall the names and/or likenesses of any character, person or other entity appearing in or connected with the production of any Programming be used separately and apart from the advertising of the exhibition of such Programming, and no such name or likeness shall be used so as to constitute an endorsement or testimonial, express or implied, of any party, product or service (including but not limited to your company, or any product or service of your company) nor shall you promote any Programming in a manner that would appear to be defamatory or derogatory towards any such person or entity or the programming as a whole.

In addition, neither Fox's name or logo nor any Programming or any part of any Programming may be used in such a way as to constitute an endorsement or testimonial, express or implied by Fox, with respect to any party, product or service, including your company and/or any other service provided by you (other than any implied endorsement resulting from your authorized exhibition of such Programming).

Fox has not authorized you to license, sell or otherwise grant rights in the material contained in this web site to any party. If you make copies of any of the material contained in this web site, either in whole or in part, each copy must bear all the proper trademark and copyright notices.

The limited use permitted of the material contained in this web site does not confer or imply a license or grant rights of any kind. Material created by you with Fox's permission which incorporates any names, likenesses or other creative elements of any of the Programming is at all times Fox's property and must be returned to Fox upon request. In using this web site, you acknowledge and agree that Fox may notify you at any time that the limited permission granted to you to use the material contained in this web site for promotional purposes has been revoked. If you receive such a notice from Fox, you agree to immediately return to Fox all material downloaded by you from this web site, and any material created by you from such downloaded material, which is in your possession or control and not allow further use of any such material after Fox's notice.

PLEASE NOTE: Fox's right to the characters, titles, images and artwork and other material associated with the Programming represents a substantial investment by Fox of its financial and creative resources. Fox will take all steps necessary to enforce its rights and to protect its valuable proprietary interests in this property. Toward that end, Fox will hold liable any individual or entity responsible for any unauthorized use of the property and will prosecute against those who have contributed to any such unauthorized use to the fullest extent of the law.

Fox reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Guidelines for Promoting Fox Programming on the Internet: These Guidelines are supplemental to the Television Exhibition License Agreement(s) or other agreement(s) (collectively, "License Agreements") between Fox and Licensee governing the license of Fox programming. In addition to complying with these Guidelines, Licensee (and, if applicable, permitted sublicensees) must also comply with the terms and conditions concerning advertising and promotion contained in the License Agreements or provided to Licensee by Fox pursuant thereto, including all restrictions set forth in the FoxFast website.

1. General:

1.1 Reference to Fox programming and photos, stills, illustrations (collectively, "Photos") and clips from or of Fox programming may only be used in promotional pieces relating solely to the upcoming exhibition of such programming on Licensee's program service or station, and not as part of any game, contest, lottery or sweepstake nor in connection with any commercial tie-ins or promotions of other products, including the general promotion of Licensee's program service or station.

1.2 There must be language near each Photo or clip that specifically promotes the upcoming exhibition of the Fox programming on Licensee's program service or station (e.g., "Watch "THE SIMPSONS" on Sky, Fridays at 8:00 p.m."). The promotion must be written in the same language as that authorized for the exhibition of such programming in the License Agreements. Photos and clips must be removed from Licensee's website prior to the expiration of Licensee's license period for such programming.

1.3 The promotion of Fox programming on Licensee's website shall not be targeted to potential viewers located outside the territory in which Licensee is authorized to exhibit such programming under the License Agreements.

1.4 Licensee shall not use any copyrighted work, trade or service mark of Fox or any elements of any Fox programming as part of a domain name or website name (or any part thereof), or in any manner other than as authorized herein or in the License Agreements.

1.5 With respect to Photos and clips from feature films, Licensee may only use those specifically authorized or approved by Fox.

1.6 Licensee may not alter any Photo or clip used in the promotion (e.g., Licensee may not change hair color, poses, etc., or change or add a soundtrack to any clip).

1.7 Licensee is permitted to place Photos and/or clips on its website, as set forth herein, solely to promote the Fox programming under license. Licensee may not create an on-line archive of such materials.

1.8 Licensee's advertising and promotional activity in relation to Fox programming shall not be conducted to generate revenue or otherwise be a profitmaking activity, other than as an incident of any increased viewership of the programming.

1.9 Licensee must forward any third party requests to use Photos or clips to Fox's Clip Licensing Department (tel: 310-369-4001; fax: 310-369-4647; email: foxclips@fox.com).

2. Notices:

2.1 Appropriate notices restricting the use of each Photo and clip for the personal, non-commercial use of the viewer must be juxtaposed next to such materials.

2.2 The following trademark and copyright information must be included near each Photo [and near where each clip can be downloaded]: ™ and © 2XXX, Twentieth Century Fox Film Corporation. All rights reserved.

3. Promotion of Television Series: Fox recognizes Licensee's desire to promote the upcoming episodes of a television series under license ("Episodic Promotion") as well as to build a "franchise" for its program service ("Franchise Promotion"). In this regard, the following shall apply:

3.1 Licensee may use no more than 10 Photos from a television series for purposes of Episodic Promotion and no more than 10 Photos from such television series for Franchise Promotion at any one time on Licensee's website.

3.2 If using a Photo for promotion of a television series, all of the actors in the Photo must be series regulars unless the promotion is with respect to a specific episode. For example, if Licensee posts a Photo from the season premiere of a television series, the photo may contain any actor that appears in that season premiere episode, provided that particular episode is being promoted and, provided further, the Photo does not remain on Licensee's website after the exhibition of the particular episode being promoted. Photos that contain only series regulars can stay on Licensee's website as long as Licensee has the right to exhibit any episode of the series.

3.3 Licensee may use one clip from a television series for Episodic Promotion and one clip from such television series for Franchise Promotion at any one time on Licensee's website. If using a clip for Episodic Promotion of a television series, the clip may not remain on Licensee's website after the exhibition of the episode from which the clip is taken.

4. Quality of Reproductions on the Internet:

4.1 Clips placed on Licensee's website may not be of downloadable quality. A clip will be considered of downloadable quality if it exceeds 15 frames per second.

4.2 Photos placed on Licensee's website may not be of downloadable quality. A Photo will be considered of downloadable quality if it exceeds 72 dpi.

These Guidelines are subject to change by notice to Licensee from Fox. In addition, Fox may, at any time upon notice to Licensee, withdraw Licensee's right to promote Fox programming on the Internet. If you wish to obtain downloadable.

Before you view any Streaming Media Content (as defined below) contained on the Foxfast website currently located at www.foxfast.com ("Site"), you irrevocably accept and agree to be bound by these Terms of Use ("Terms of Use"). Before you view any Streaming Media Content, you will be asked to accept all terms of these Terms of Use. If you do not wish to accept all terms of these Terms of Use, you will not be able to view the Streaming Media Content.

Twentieth Century Fox Television Distribution ("Fox") may update, revise, supplement and otherwise modify these Terms of Use at any time ("Additional Terms") and such Additional Terms shall be effective immediately. Your viewing of any Streaming Media Content will be deemed to constitute your acceptance of any and all such Additional Terms.

"Streaming Media Content" means Fox's motion pictures and television programs and any and all elements thereof, including video, audio, music, images, artwork, text, graphics and other copyrightable materials embodied therein which are streamed to your personal computer from the Site. For the avoidance of doubt, Streaming Media Content may not be downloaded from the Site other than as may be authorized by Fox.

ACCESS: You are allowed to access the Streaming Media Content only in your capacity as a buyer for your television channel or in connection with an active license agreement and you may be required to provide certain information, all of which must be accurate and updated, in order to obtain and maintain a password. You are responsible for maintaining the confidentiality of your password. It is critical that you not share your password.

You are responsible for all usage or activity on your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Fox's sole discretion, and Fox may refer you to appropriate law enforcement agencies. Upon the cessation of your employment with the television channel for which you received an account from Fox to access the Streaming Media Content, you must cease all access to the Site, including the Streaming Media Content.

LICENSE TERMS AND RESTRICTIONS: Fox grants you a non-exclusive, non-transferable, limited right and license to access the Streaming Media Content, and privately view the Streaming Media Content on a personal computer and in strict conformity with these Terms of Use for the sole purpose of deciding whether you have interest in licensing the Streaming Media Content from Fox (or its authorized distributors) for your television channel(s).

You may not copy, reproduce, transfer, share, re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, re-distribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in party, directly or indirectly, the Streaming Media Content. You may not reverse engineer, decompile, disable any computer file, software, security technology, copy protection or use limitation systems associated with the Streaming Media Content.

You may not: (i) modify the Streaming Media Content in any way, including but not limited to, removing any proprietary notices or labels contained in the Streaming Media Content; (ii) use the Streaming Media Content in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat, technological measures that control access to, or the rights in, the Streaming Media Content or other work protected by the copyright laws of any jurisdiction; (iii) use the Streaming Media Content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (iv) counterfeit or paste any Streaming Media Content to any other website or web page; or (v) publicly display the Streaming Media Content. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify the Streaming Media Content or the Terms of Use. Any third-party owners of the Streaming Media Content are expressly made third party beneficiaries of each of the license and use restrictions set forth in this Paragraph.

FOX MODIFICATIONS: You acknowledge and agree that some of the Streaming Media Content is a preview version of such materials and that Fox may modify such Streaming Media Content in the final version available for broadcast.

OBJECTIONABLE MATERIAL: You understand that the Streaming Media Content may contain content that may be deemed offensive, indecent, or objectionable, which Streaming Media Content may or may not be identified as having explicit language or content. Nevertheless, you agree to access and/or use the Streaming Media Content at your sole risk and that Fox shall have no liability to you for any content that may be found to be offensive, indecent, or objectionable.

SYSTEM REQUIREMENTS: In order to access and use the Streaming Media Content, your personal computer must run Microsoft Windows XP or Vista operating systems and Microsoft Windows Media Player 10 and above or Mac OS, Versions 10.4.8 or higher. A working internet connection is required.

INTELLECTUAL PROPERTY:

Acknowledgement of Ownership. You agree that the Streaming Media Content, including but not limited to video, audio, music, graphics, images, software and text contains proprietary information and material that is owned by Fox and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted by and in compliance with these Terms of Use.

Removal of Fox Content or Other Materials. Notwithstanding any other provision of these Terms of Use, Fox and its licensors reserve the right to change, suspend, remove, or disable access to the Streaming Media Content at any time without notice. In no event will Fox be liable for the removal of or disabling of access to the Streaming Media Content.

Copyrights. All copyrights in and to the Streaming Media Content, are owned by Fox and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE STREAMING MEDIA CONTENT OR ANY PART OF THEREOF, EXCEPT FOR USE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

GENERAL COMPLIANCE WITH LAWS: You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Streaming Media Content.

ENFORCEMENT OF THESE TERMS OF USE: Fox reserves the right to takes steps Fox believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use (including but not limited a third party claim that your use of the Streaming Media Content is unlawful and/or infringes such third party's rights). You agree that Fox has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as Fox believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS: FOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS AND/OR USE OF THE STREAMING MEDIA CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FOX MAY DISCONTINUE OR SUSPEND ACCESS TO THE STREAMING MEDIA CONTENT WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE STREAMING MEDIA CONTENT IS AT YOUR SOLE RISK. THE STREAMING MEDIA CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE STREAMING MEDIA CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE STREAMING MEDIA CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE STREAMING MEDIA CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF FOX, ITS PARENT COMPANY, AFFILIATES, SUPPLIERS OR LICENSORS AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

FOX DOES NOT REPRESENT OR GUARANTEE THAT THE STREAMING MEDIA CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FOX DISCLAIMS ANY LIABILITY RELATING THERETO.

INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE. THIS INDEMNITY PROVISION APPLIES TO ANY VIOLATION DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.

GOVERNING LAW: The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Streaming Media Content. Your use of the Streaming Media Content may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Fox or relating in any way to the Streaming Media Content resides in the courts of the State of California.

MISCELLANEOUS: These Terms of Use constitute the entire agreement between you and Fox and governs your use of the Streaming Media Content, superseding any prior agreements between you and Fox. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Fox's failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Fox will not be responsible for failures to fulfill any obligations due to causes beyond its control.

TERMS OF USE For Members of the Press - Use of Streaming Media Content

Before you view any Streaming Media Content (as defined below) contained on the Foxfast website currently located at www.foxfast.com ("Site"), you irrevocably accept and agree to be bound by these Terms of Use ("Terms of Use"). Before you view any Streaming Media Content, you will be asked to accept all terms of these Terms of Use. If you do not wish to accept all terms of these Terms of Use, you will not be able to view the Streaming Media Content.

Twentieth Century Fox Television Distribution ("Fox") may update, revise, supplement and otherwise modify these Terms of Use at any time ("Additional Terms") and such Additional Terms shall be effective immediately. Your viewing of any Streaming Media Content will be deemed to constitute your acceptance of any and all such Additional Terms.

"Streaming Media Content" means Fox's motion pictures and television programs and any and all elements thereof, including video, audio, music, images, artwork, text, graphics and other copyrightable materials embodied therein which are streamed to your personal computer from the Site. For the avoidance of doubt, Streaming Media Content may not be downloaded from the Site other than as may be authorized by Fox.

1. ACCESS: You are allowed to access the Streaming Media Content only in your capacity as a member of the press and you may be required to provide certain information, all of which must be accurate and updated, in order to obtain and maintain a password. You are responsible for maintaining the confidentiality of your password. It is critical that you not share your password.

You must notify your local Fox representative of any known or suspected unauthorized use(s) of your account, or the Streaming Media Content, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for all usage or activity on your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Fox's sole discretion, and Fox may refer you to appropriate law enforcement agencies. Upon the cessation of your employment with the media outlet for which you received an account from Fox to access the Streaming Media Content, you must cease all access to the Site, including the Streaming Media Content.

2. LICENSE TERMS AND RESTRICTIONS: Fox grants you a non-exclusive, non-transferable, limited right and license to access the Streaming Media Content, and privately view the Streaming Media Content on a personal computer and in strict conformity with these Terms of Use for the sole purpose of screening the Streaming Media Content as a member of the press. You may not copy, reproduce, transfer, share, re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, re-distribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Streaming Media Content. You may not reverse engineer, decompile, disable any computer file, software, security technology, copy protection or use limitation systems associated with the Streaming Media Content. You may not: (i) modify the Streaming Media Content in any way, including but not limited to, removing any proprietary notices or labels contained in the Streaming Media Content; (ii) use the Streaming Media Content in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat, technological measures that control access to, or the rights in, the Streaming Media Content or other work protected by the copyright laws of any jurisdiction; (iii) use the Streaming Media Content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (iv) counterfeit or paste any Streaming Media Content to any other website or web page; or (v) publicly display the Streaming Media Content. In addition, you may not capture any screen shot of the Streaming Media Content for publication or promotional purposes. Should this occur, Fox will take the immediate and appropriate steps to discontinue FoxFast service to you and hold you responsible for any associated legal claims. Furthermore, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify the Streaming Media Content or the Terms of Use. Any third-party owners of the Streaming Media Content are expressly made third party beneficiaries of each of the license and use restrictions set forth in this Paragraph.

3. FOX MODIFICATIONS: You acknowledge and agree that some of the Streaming Media Content is a preview version of such materials and that Fox may modify such Streaming Media Content in the final version available for broadcast.

4. OBJECTIONABLE MATERIAL: You understand that the Streaming Media Content may contain content that may be deemed offensive, indecent, or objectionable, which Streaming Media Content may or may not be identified as having explicit language or content. Nevertheless, you agree to access and/or use the Streaming Media Content at your sole risk and that Fox shall have no liability to you for any content that may be found to be offensive, indecent, or objectionable.

5. SYSTEM REQUIREMENTS: In order to access and use the Streaming Media Content, your personal computer must run Microsoft Windows XP or Vista operating systems and Microsoft Windows Media Player 10 and above or Mac OS, Versions 10.4.8 or higher. A working internet connection is required.

6. INTELLECTUAL PROPERTY:

(a) Acknowledgement of Ownership. You agree that the Streaming Media Content, including but not limited to video, audio, music, graphics, images, software and text contains proprietary information and material that is owned by Fox and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted by and in compliance with these Terms of Use.

(b) Removal of Fox Content or Other Materials. Notwithstanding any other provision of these Terms of Use, Fox and its licensors reserve the right to change, suspend, remove, or disable access to the Streaming Media Content at any time without notice. In no event will Fox be liable for the removal of or disabling of access to the Streaming Media Content.

(c) Copyrights. All copyrights in and to the Streaming Media Content, are owned by Fox and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE STREAMING MEDIA CONTENT OR ANY PART THEREOF, EXCEPT FOR USE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

7. GENERAL COMPLIANCE WITH LAWS: You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Streaming Media Content.

8. ENFORCEMENT OF THESE TERMS OF USE: Fox reserves the right to takes steps Fox believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use (including but not limited a third party claim that your use of the Streaming Media Content is unlawful and/or infringes such third party's rights). You agree that Fox has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, and/or a third party, as Fox believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.

9. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS:

(a) FOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR ACCESS AND/OR USE OF THE STREAMING MEDIA CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FOX MAY DISCONTINUE OR SUSPEND ACCESS TO THE STREAMING MEDIA CONTENT WITHOUT NOTICE TO YOU.

(b) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE STREAMING MEDIA CONTENT IS AT YOUR SOLE RISK. THE STREAMING MEDIA CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

(c) IN NO CASE SHALL FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE STREAMING MEDIA CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE STREAMING MEDIA CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE STREAMING MEDIA CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF FOX, ITS PARENT COMPANY, AFFILIATES, SUPPLIERS OR LICENSORS AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(d) FOX DOES NOT REPRESENT OR GUARANTEE THAT THE STREAMING MEDIA CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FOX DISCLAIMS ANY LIABILITY RELATING THERETO.

(e) INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE. THIS INDEMNITY PROVISION APPLIES TO ANY VIOLATION DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.

10. GOVERNING LAW: The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Streaming Media Content. Your use of the Streaming Media Content may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Fox or relating in any way to the Streaming Media Content resides in the courts of the State of California.

11. MISCELLANEOUS: These Terms of Use constitute the entire agreement between you and Fox and governs your use of the Streaming Media Content, superseding any prior agreements between you and Fox. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Fox's failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Fox will not be responsible for failures to fulfill any obligations due to causes beyond its control.