The ACAs on FOX Dec 10 at 8/7c

Terms of Use

Date October 10, 2013

Welcome to TheACAs.com, a voting and information site (the “Site”) for The American Country AwardsTM (collectively, "ACAs" or "the Show"). TheACAs.com is operated by Bob Bain Productions, Inc. and its affiliates, including, Fox Broadcasting Company (collectively, "us", "we" or the "Company").

By accessing or using the Site, you signify that you (and your parent/legal guardian if you are a minor in the jurisdiction in which you reside) have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and to abide by all applicable laws, rules and regulations (collectively, "Applicable Law"), whether or not you are registered to participate in activities offered on the Site which may include content pages, voting, sweepstakes and promotions, display of social media content, offers, newsletters, mobile services and any other features, content, promotions, games or applications offered from time to time by Company (collectively, the "Services").

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised and such change(s) will be effective upon posting on the Site. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. When using particular Services you shall be subject to any posted rules, terms and conditions and/or guidelines applicable to such Services, including but not limited to any sweepstakes rules, the Voting Rules and any other terms or conditions applicable to Services provided by or in conjunction with any of the Services, advertisers or partners. The Privacy Policy, any sweepstakes rules, Voting Rules and all other posted rules, terms and conditions and guidelines are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use or any terms of the Privacy Policy, you must immediately leave the Site and discontinue your use of Services immediately.

Site and Services participation, access to, registration, and/or use of this Site and the Services, is void where prohibited.

Age Limitations: Use of the Site is limited to users 13 years of age and older. Any registration by anyone under 13 for any activities, Services or promotions offered or for any other reason is unauthorized, unlicensed and in violation of these Terms of Use. By registering for the Service or the Site, you represent and warrant that you are 13 of age or older, and by using, visiting or accessing the Site for any reason and no matter what your age you warrant and represent that you agree to, and to abide, by all of the terms and conditions of this Agreement.

Registration Data: In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (including but not limited to registration for voting, sweepstakes and other promotional activity) (collectively, "Registration Data"), and (b) to maintain and promptly update the Registration Data to keep it accurate at all times. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your Site use and access and refuse any and all current or future use of the Site and/or any Services (or any portion thereof) to you. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the username, email address or password of another user at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.

Proprietary Rights in Site Content and Limited License: All content on the Site and available through the Services, including, but not limited to, designs, text, graphics, pictures, video, animation, information, applications, software, music, sound and other files, and their selection and arrangement and presentation (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved; and you agree that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or format or by any means whether now known or hereafter discovered or devised, in whole or in part, without the Company's prior written permission which can be withheld or denied for any reason whatsoever. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print one copy of Site Content on any single computer for your personal, non-commercial home use only on any single computer, provided that you keep and maintain all copyright, trademark, patent, or other proprietary notices intact (as they appeared on the Site Content). You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the Site Content in any database or compilation, or print or publish or cause to be printed or published Site Content in any print, electronic or digital media now known or hereafter discovered or devised, in whole or in part; and any such or similar use of the Site Content, or any part thereof, is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company (which can be withheld or denied for any reason whatsoever), is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by law, equity or estoppel, or by implication or otherwise. This license is revocable at will at any time without notice and with or without cause.

Trademarks: "American Country Awards" and associated logos are trademarks of Twentieth Century Fox and its related entities. The said logos and trademarks may not be used, including, but not limited to, as part of service marks, trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, as solely determined by Twentieth Century Fox, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Twentieth Century Fox which can be withheld or denied for any reason whatsoever.

User Conduct:The Site and the Services are offered for your personal use only and may not be used for commercial purposes. Company reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for any and all information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content ("Content") that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site or the Services, including, without limitation, if you post on a third party website in connection with the Site or the Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Site and the Services. You understand that Company does not control the User Content posted by users via the Site and the Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Site and the Services, please report this immediately to the Company at staff@theacas.com. Company assumes no responsibility for monitoring the Site and the Services for inappropriate Content or conduct. If at any time, Company chooses in its sole discretion to monitor the Site and/or the Services, Company nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.

You agree NOT to use the Site or the Services to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site or the Services, including Company's servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Site or the Services;
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Site or the Services, or to circumvent or modify any security technology or software that is part of the Site or the Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site or the Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person's consent;
  • Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company's prior written consent;
  • Use the Site or the Services to advertise or promote competing services;
  • Use the Site or the Services in a manner inconsistent with Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing; and Disclose personally identifiable information, such as your full name, email, address, telephone number or street address.

Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that Company may access, preserve or disclose information you provide, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Site or the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with Applicable Law or the legal process.

Unsolicited User Submissions: The Company does not knowingly accept, via the Site or the Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it (or forwarding it). Therefore, any similarity between an unsolicited submission and any elements in any Company creative work (or affiliated company's creative work) including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Site or the Services, however all comments, suggestions, graphics, ideas (including but not limited to product, promotion and advertising ideas), and other information or materials you submit to us through this Site or the Services otherwise will become and remain our exclusive property, including any future rights associated with such submissions, even if these terms and conditions are later modified or terminated. This means that you disclaim and waive any proprietary rights in such submissions, you waive the right to make any claim against Company, its parents or affiliates relating to unsolicited submissions, and you acknowledge our unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, your review or approval or other obligation to you or any other person or entity. It also means that we have no obligation to keep your submissions confidential. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

External Third Party Websites and Content: This Site and Services may contain, and other users or third parties may provide, links to other web sites, applications, services or resources ("Third Party Services"). These Third Party Services are not controlled by, and the existence of the link on our Site or the Services does not imply an endorsement by, us. When you engage with the Third Party Service, you are interacting with the third party, not with Company. Third Party Services are not subject to these Terms of Use, or our Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Services, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such Third Party Services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, in whole or in part, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any Third Party Services even if it is operated by an affiliated company or company otherwise connected with the Site or the Services. Your use of Third Party Services is at your own risk. If Company has provided links or pointers to Third Party Services on the Site, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that Company is connected with, operates, controls or endorses these websites. When you access other websites or Third Party Services, Company encourages you not to provide any personally identifiable information unless you know and are comfortable with the party with whom you are interacting and their privacy policy. In addition, Company takes no responsibility for third party advertisements which are posted on the Site or the Services, nor does it take any responsibility for the goods or services provided by its advertisers.

Privacy: We care about the privacy of our users. Use of the Site and the Services is also governed by the Site’s Privacy Policy (Click here to view), which is incorporated into this Agreement by this reference.

Access Interruption: The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, the Site and the Services. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any site or combination thereof, or for any incorrect or inaccurate information, whether caused by Site or Service users, tampering, hacking, or by any of the equipment, program or programming associated with or utilized on the Site or Services, or theft or destruction or unauthorized access to, or use of, the Site or the Services. The Company further is not responsible for loss of data, corruption, inability to access or any hardware, software or application issue preventing the loss, collection or retrieval of data used to administer the Site or the Services or any Site or Service activity. The Company is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating on the Site or in the Services, or downloading materials from the Site or the Services or use of the Site or the Services. The Company from time to time and at any time may change, alter, modify, terminate, or suspend the Site or the Services in whole or in part as solely determined by Company without notice.

No Representations Or Warranties: THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation of Liability: IN NO EVENT WILL TEENASAURUS ROX, INC. and its affiliates (including without limitation, FOX BROADCASTING COMPANY), THEIR RESPECTIVE pARENT COMPANIES, affiliates and related companies, SPONSORS, CONTENT PRODUCERS, OR their respective DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS (collectively, the "released parties") BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SITE AND THE SERVICES, BUT IN NO CASE WILL THE RELEASED PARTIES' LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Termination:The Company may terminate your use, delete your votes and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.

Arbitration; Governing Law; Venue and Jurisdiction: These Terms of Use are governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with these Terms of Use or your use or non-use of the Site or the Services, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Indemnity:You agree to indemnify and hold the Released Parties, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or related to, your access to or use of the Services or the Site, your conduct in connection with the Services or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Definitions and Construction: Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms of Use used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.

Other: These Terms of Use constitute the entire agreement between you and Company regarding the use of and access to the Site and/or the Services, superseding any prior agreements between you and Company relating to your use and access of the Site or the Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Please contact us at staff@theacas.com with any questions regarding these Terms of Use.