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    TERMS OF USE

    AdultSwim.com and its affiliated online interactive sites and services (collectively, the "Sites") are operated on behalf of The Cartoon Network LP, LLLP on behalf of Adult Swim (collectively "TCN") by its employees and/or authorized agents. Please feel free to browse the Sites; however, your access and use of the Sites is subject to the following terms and conditions (the "Agreement" or "Terms of Use") and all applicable laws. Please read these Terms of Use carefully before using the Sites. These Terms of Use constitute a legally binding agreement between you and TCN. By accessing and browsing the Sites, you accept and agree to be bound, without limitation or qualification, by the Terms of Use. If you do not agree with all of the following Terms of Use, do not use the Sites.

    TCN reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. Changes and/or modifications shall become effective immediately upon the posting on the Sites. Please review these Terms of Use periodically. Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of those Terms of Use.

    The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Sites or in any way utilize the services or features of the Sites. In the event of termination of use, membership, service or feature, the Terms of Use as modified will remain in effect.
    1. Eligibility. You must be eighteen (18) years of age or over to use the Sites. By using the Sites, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

    2. Personal, Non-Commercial Use by users. The Sites are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Sites for any purpose.

    3. Registration. We may require users to register and establish a membership profile for access to and use of certain features or functions of the Sites. You agree to provide true, accurate, current and complete information about yourself as requested in any registration process. Registered members are responsible for all uses of their account and for ensuring that all uses of their account comply fully with the provisions of this Agreement.

    4. Proprietary Rights in Content on the Sites. TCN owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by TCN, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices in tact or as provided by TCN. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of TCN's or such other sources' copyright, trademark and other proprietary rights.

    5. Rules of Conduct and Content Posted on the Sites.
      1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

      2. You understand and agree that TCN may review, edit, reject, refuse to post and/or delete any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content") that in the sole judgment of TCN violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

      3. By uploading, posting, emailing or otherwise submitting Content to the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to TCN an irrevocable, perpetual, non-exclusive, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Content, or any portion thereof, in any manner and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing without any compensation to you or any third party.

      4. The following is a partial list of the kind of Content that is illegal or prohibited on the Sites. TCN reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates this provision or any provision of this Agreement, including without limitation, removing the offending communication in whole or in part from the Sites, terminating the membership of such violators and/or terminating their right to use and access the Sites. It includes Content (even if made in a joking, sarcastic or unintended manner) that:
        • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

        • harasses or advocates harassment of another person;

        • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

        • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

        • infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);

        • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

        • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

        • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

        • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

        • contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of if you have consent from the minor or his or her legal guardian).

        • tries to gain unauthorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

        • engages in commercial activities and/or sales without TCN's prior written consent such as contest, sweepstakes, barter, advertising and pyramid schemes;

        • solicits gambling or engages in any gambling activity;

        • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;

        • interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or

        • refers to any website or URL that, in the sole discretion of TCN, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

      5. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted.

      6. You may not include in your member profile any telephone numbers or street addresses. You must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.

      7. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other users. Although TCN cannot monitor the conduct of its users off the Sites, it is also a violation of these rules to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any users without their prior explicit consent. In order to protect our registered members from such advertising or solicitation, TCN reserves the right to restrict the number of messages or emails which a member may send to other registered members in any 24-hour period to a number which TCN deems appropriate in its sole discretion.

      8. You understand that TCN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

      9. TCN reserves the right, but has no obligation, to monitor Content posted in the public areas of the Sites. TCN shall have the right to remove or edit any Content that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of TCN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE E-MAIL MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of TCN. In no event shall TCN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

      10. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TCN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

      11. It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. TCN does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that TCN is not responsible for the use of any personal information that you disclose on the Sites. Please carefully select the type of information that you post on the Sites or release to others.

    6. Creative Submissions/ Communications. TCN does not accept or consider creative ideas, suggestions or materials other than those TCN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TCN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain the property of TCN. None of the Information shall be subject to any obligation of confidence on the part of TCN and TCN shall not be liable for any use or disclosure of any Information. TCN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

    7. Copyrights and Copyright Agent. . TCN respects the rights of all copyright holders and in this regard, TCN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TCN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
      • 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 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;
      • 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 disabled, and information reasonably sufficient to permit us to locate the material;
      • Information reasonably sufficient to permit us to contact the complaining party;
      • 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
      • 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.

      For copyright inquiries under the Digital Millennium Copyright Act please contact:

      The Cartoon Network, LP LLLP
      Attn: Copyright Agent - TEG Legal Dept.
      1050 Techwood Drive NW
      Atlanta, GA 30318
      Phone: (404) 885-0620
      Fax: (404) 885-0600
      Email: tcncopyrightagent@turner.com

    8. User Disputes. You are solely responsible for your interactions with other users. TCN reserves the right, but has no obligation to monitor communications and any disputes between you and other users.

    9. Privacy. Use of the Sites is governed by our Privacy Policy which can be located at the home page of www.AdultSwim.com.

    10. Contests and Sweepstakes, and Other Activities. TCN may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by TCN and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

    11. Podcast. Adult Swim Podcast (the "Podcast Service") consists of select audio and video files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player. The Podcast Service is a free service offered by TCN to individual users for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You must use the Podcast Content as provided by TCN, and you may not edit or modify the Podcast Content or links supplied by TCN. You may not redistribute the Podcast Content. Any use, display or performance of the Podcast Content must not suggest that TCN promotes or endorses any third party causes, ideas, websites, products or services. To request permission for a particular use not permitted herein, please send your request to licensing.agent@turner.com.

      The Podcast Service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the podcast feed on the Sites. You may not display the Podcast Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Site web page. You may not insert any intermediate page, splash page or other content between the Podcast link and the applicable Site web page.

      The Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. TCN retains all ownership and other rights in the Podcast Content, and any and all TCN logos and trademarks used in connection with the Podcast Service. You must provide attribution to the appropriate TCN website in connection with your use of the Podcast Service. If you provide this attribution using a graphic, you must use the appropriate TCN website's logo that we have incorporated into the Podcast Content.

      You agree that any suggestions, comments or other feedback ("Feedback") you offer to TCN with respect to the Podcast Service is and will be given entirely voluntarily. TCN shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to it as it sees fit. TCN reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of these Terms of Use. TCN assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your website, computer or MP3 player.

    12. Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by TCN, its subsidiaries and affiliates of the opinions or views expressed by these linked sites and TCN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the Content contained in the Sites. Furthermore, TCN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither TCN nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall TCN assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, TCN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

      TCN welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by TCN, its affiliates, or any group or individual affiliated with TCN. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Sites without prior written consent.

    13. Limitation on Liability. Your use and browsing of the Sites is at your risk. If you are dissatisfied with any of the Materials or Content contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.

      TCN is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. TCN is not responsible for the conduct, whether online or offline, of any users of the Sites. TCN 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, or alteration of, user or member communications. TCN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will TCN be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. TCN cannot guarantee and does not promise any specific results from use of the Sites.

      TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TCN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF TCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    14. U.S. Export Controls. Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

    15. Applicable Law; Disputes. Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by TCN from its offices within the State of Georgia. The Sites are intended exclusively for residents of the United States. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. TCN makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

      These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Atlanta, Georgia shall be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Atlanta, Georgia and service of process by certified mail.

    16. Indemnification. You agree to indemnify, defend and hold harmless, TCN, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. TCN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TCN in asserting any available defenses.

    17. Other. This Agreement, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contains the entire agreement between you and TCN regarding the use of the Sites and supersedes all prior understandings related to the Sites, cannot be changed orally, and if any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


    © 2006 The Cartoon Network LP, LLLP. A Time Warner Company.
    All Rights Reserved.

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