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USER COMMENTS AND POSTINGS
Redbox may provide user comment areas, message boards or other interactive areas (“Community Forums”) on the Redbox web sites that post or link to these terms (including, without limitation, Redbox.com), Redbox vending kiosks, and Redbox mobile applications that post or include a link to these terms (collectively, the “Redbox Platforms”) to give users of the Redbox Platforms a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, “User Content”).
IMPORTANT NOTICE AND CONSENT UNDER THE VIDEO PRIVACY PROTECTION ACT AND SIMILAR STATE LAWS. You acknowledge that if you post your User Content to a Community Forum, including any information about a movie or rental or other transaction with Redbox, you are voluntarily choosing to do so, and the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (and any similar state law which protects against the disclosure of personally identifiable information regarding a person’s rental of video materials) does not apply. However, to the extent such laws do apply in any manner, you are providing your informed, written consent to the disclosure of that information.
Rights You Grant to Us. Subject to applicable laws, whenever you send, post, upload, or otherwise make available User Content on a Community Forum or elsewhere on the Redbox Platforms or directly to Redbox (including by e-mail or text message) you: (1) grant to Redbox an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral rights in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. Subject to applicable laws, you further authorize Redbox to publish your User Content in a searchable format that may be accessed by users of the Redbox Platforms and the Internet.
- You agree that there may be times when, at your direction, we will share certain information with a third party web site, such as if you choose to post content from a Redbox Platform to your personal page on another web site or if you log-in to a Redbox Platform using your credentials from another web site. In those cases, you agree that we can and will share the information necessary to carry out your request.
No Responsibility. We are not responsible for, and we do not endorse, the User Content posted in Community Forums or elsewhere on the Redbox Platforms.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. Because we may not prescreen User Content, if your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Redbox has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Redbox does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
Interactions With Third Parties. You are solely responsible for your interaction with other users. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY
The following rules are here to help you understand the conduct that is expected of you when you participate on any Community Forums or other interactive areas of the Redbox Platforms. You agree that your participation in a Community Forum or other interactive area of the Redbox Platforms is subject to all the Terms, including the following “Acceptable Use Policy”:
- User Content must be yours please. All User Content must be in the public domain or original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Redbox Platforms and elsewhere.
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Redbox Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Do not include music that isn't yours. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Redbox Platforms and should be intended to add to the discussion and community on the Redbox Platforms - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Content might offend someone,
- chances are it probably will and it doesn't belong on a Community Forum. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use a Community Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Redbox Platforms. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail or incur civil or criminal penalties for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Public forum. We hope that you will use each Community Forum to exchange information and content and have discussions with other members. However, please remember that a Community Forum is a public forum and User Content that you post on a Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Redbox Platforms or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Redbox Platforms or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the Redbox Platforms for any purpose or in any manner that infringes the rights of any third party. Redbox encourages you to report any content on the Redbox Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Redbox Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Redbox has a designated agent for receiving notices of copyright infringement and Redbox follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Redbox’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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.
Redbox copyright agent for notice of claims of copyright infringement on or regarding the Redbox Platforms can be reached as follows:
Name: Frederick W. Stein, General Counsel
Mailing address: 1 Tower Lane, Ste. 900
Oakbrook Terrace, IL 60181
Phone number: (630) 756-8255
Fax: (630) 756-8885
E-mail address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on a Redbox Platform violates your exclusive rights other than copyrights, please provide Redbox at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Redbox Platforms to: firstname.lastname@example.org.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Redbox will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
YOU RELEASE US FROM LIABILITY. By participating on any Community Forum, you agree that Redbox will have no liability and that you will indemnify and hold Redbox harmless for any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of such participation. You will not settle any claim without the prior written consent of Redbox. UNDER NO CIRCUMSTANCES WILL REDBOX BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION ON ANY COMMUNITY FORUM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF REDBOX ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY REDBOX, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY REDBOX.