Dish NationEvent
TONIGHT: Akon ponders presidential run with Kanye West in 2024 & Dolly Parton pulls at the 'Heartstrings!' LeToya Luckett & Rickey Smiley are in studio so tune in!
Popular OnDish Nation
Explore Dish Nation
Celebs
Exclusive
Movies
TV
Sports
Music
Viral
Explore Hosts
Atlanta
Los Angeles
Meet The Hosts
Los Angeles
Meet Dish Nation Los Angeles
Get The Dish Watch Now Meet The Hosts Dish Podcast Dish Gifs
Get The Dish
Watch Now
Meet The Hosts
PORSHA’S POP QUIZ RULES
Thursday, Sep 22, 2016

Table of Contents:

  1. PORSHA’S POP QUIZ RULES
  2. PRIVACY POLICY
  3. TERMS OF SERIVCE

 

PORSHA’S POP QUIZ (“Contest”)

CONTEST OFFICIAL RULES

SPONSOR

Dino Bones Productions, Inc., 4975 W. Pico Boulevard, Los Angeles, CA 90019.

CONTEST PERIOD

The overall Contest Period begins at 1:00:01 p.m. PT on September 25, 2017 and ends at 11:59:59 p.m. PT on September 28, 2017 (“Overall Contest Period”).  Within the Contest Period there will be four (4) individual daily contests on the following days (each, “Daily Contest”):  Monday, September 25, 2017 “(Monday Contest”) beginning at 1:00:01 p.m. PT and ending at 11:59:59pm PT (“Monday Contest Period”); Tuesday, September 26, 2017 (“Tuesday Contest”) beginning at 1:00:01 p.m. PT and ending at 11:59:59pm PT (“Tuesday Contest Period”); Wednesday, September 27, 2017 (“Wednesday Contest”) beginning at 1:00:01 p.m. PT and ending at 11:59:59pm PT (“Wednesday Contest Period”); Thursday, September 28, 2017 (“Thursday Contest”) beginning at 1:00:01 p.m. PT and ending at 11:59:59pm PT (“Thursday Contest Period”). All entries must be submitted and received within the contest period for each respective Daily Contest. Any entries not received within these time periods will be disqualified. The computer clock of Sponsor’s webmasters is the official timekeeping device of the Contest.

HOW TO ENTER

NO PURCHASE NECESSARY

To enter, watch the television series “Dish Nation” and listen for Porsha’s Pop Quiz question for the day. Each day, for four days, Porsha will give a multiple choice question to “Contestants”. Contestants will enter Contest on the Dish Nation app or DishNation.com to win $500 a day.  In order to answer the questions, Contestants will need to type their name and e-mail address and click the checkbox that they have read the Rules, Privacy Policy & Terms of Service. Then they can choose their multiple choice answer. Contestants who choose the correct answer will be entered into a random drawing to win $500 daily. The tentative winner will be announced on the next day’s show URL: www.dishnation.com/Porsha’sPopQuiz.

Only one (1) entry per person is allowed for each Daily Contest. A maximum of four (4) entries may be submitted during the Contest Period per person.  Entries greater than five (4) [i.e., five (5) or more] in number during the Contest Period or more than one (1) per Daily Contest from the same Contestant will be disqualified, and only the first entry to be received will be considered.

In the event of a dispute regarding the identity of a Contestant, the holder of the email address will be deemed the person who submitted the entry. Sponsor is not responsible for entries that are lost, late, misaddressed or misdirected due to technical or computer failures, errors or data loss of any kind, lost or unavailable internet connections, or failed incomplete, garbled or deleted computer or networks transmissions, inability to access the website or online service, or any other technical error or malfunction. If, for any reason, “Dish Nation” is not broadcast on one or more days during the Contest, then those days will be eliminated from the Contest Period.

ELIGIBILITY

Void Where Prohibited by Law. This Contest is only open to permanent legal U.S. residents within the 50 states and the District of Columbia who are 18 years of age or older (19 years old in Nebraska and Alabama and 21 years old in Mississippi and Wisconsin) as of September 25, 2017 and who have not won any other prize from Sponsor within 60 days prior to the Contest Period.  Employees of other media (including radio and television), Sponsor and its parent corporations, subsidiaries, or affiliates, advertising or promotional agencies, and such employees’ immediate family or household members are not eligible to enter or win the Contest.

PRIZE AND WINNER SELECTION

At the end of each Daily Contest Period, the Contest judges selected by Sponsor (in its sole discretion) will tabulate all correct entries (i.e., entries with the correct word for the corresponding episode) and place them in a pool of correct entries. From this pool of correct entries, the Contest judges will randomly select one (1) Contest winner.  Without limiting the foregoing, submissions must not contain profanity or demean any race, gender, religion, sexual identity, or sexual orientation with the Contest judges having sole discretion to disqualify any such entry or any other entry that the Contest judges deem inappropriate or offensive.

The odds of winning depend on the number of correct entries received. If the selected winner for each respective Daily Contest is not eligible, declines the prize, or cannot be contacted within seventy-two (72) hours of the initial notification that the Contestant has won the respective Daily Contest, the prize will be forfeited and will be awarded to an alternate winner randomly selected by Sponsors from all remaining correct entries using the same criteria as the original selection.

The potential winner for the Monday Contest will be selected on September 26, 2017 and notified on the same date by announcement on the Dish Nation show and via the email address submitted on the potential winner’s entry form. The potential winner for the Tuesday Contest will be selected on September 27, 2017 and notified on the same date by announcement on the Dish Nation show and via the email address submitted on the potential winner’s entry form. The potential winner for the Wednesday Contest will be selected on September 28, 2017 and notified on the same date by announcement on the Dish Nation show and via the email address submitted on the potential winner’s entry form. The potential winner for the Thursday Contest will be selected on September 29, 2017 and notified on the same date by announcement on the Dish Nation show and via the email address submitted on the potential winner’s entry form. There will ultimately be only one (1) prize winner for each Daily Contest who will receive a check in the amount of Five Hundred Dollars ($500). There will be a total of four (4) individual Daily Contests for a total prize pool of Two Thousand Dollars ($2,000). The winning prizes will be paid in U.S. dollars. Prize substitution will not be allowed, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value for the prize. The prize is not replaceable if lost, stolen, or destroyed. The prize is not transferable or assignable. Only one (1) prize winner per household is allowed during the Contest Period. Any subsequent potential prize winner from the same household will be disqualified.

All federal, state, and local taxes associated with the prize, as well as all other costs or expenses involved in obtaining or using the prize are the sole responsibility of the winner.

Each winner will be required to present valid identification and shall be required to sign a Statement of Eligibility and Liability Release by the deadline established by Sponsor in order to receive the prize. If the winner does not fulfill these requirements, the prize may be forfeited. The winner has seven (7) days to return the W-9, if so required, and the Statement of Eligibility and Liability Release after Sponsor’s initial notification that the Contestant has won the Contest. Winner will receive a 1099 tax form reflecting the actual value of any prize that has a value or ARV of $600 or more.

GENERAL CONDITIONS

If for any reason, the broadcast or Internet-related portion of these Contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause which corrupts or threatens the administration, security or integrity of the Contest, technical outages or failures on Facebook or Twitter, event(s) of force majeure or other causes beyond Sponsor’s control, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest or any portion of the Contest. CAUTION: ANY ATTEMPT BY AN CONTESTANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF THE CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTESTANT WILL BE DISQUALIFIED FROM THE CONTEST AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW. Information submitted in Internet entries, including Contestant’s name, photograph, social media account name, address, e-mail address, etc., may be used by Sponsor for marketing or promotional purposes.

Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these official rules nor the delay or omission by Sponsor in exercising any right with respect to any term of these official rules, will be construed as a waiver or relinquishment to any extent of the Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.

By participating in this Contest, you represent that you are eligible per the terms of these Contest rules and agree to be bound by these Contest rules, the Sponsor’s Terms of Service and Privacy Policy (as referenced below) and the decisions of the Sponsor and judges. Further, you agree to release and hold harmless Sponsor and its parent corporation, subsidiaries, and affiliates, and the officers, directors, agents, and employees of all such companies from any and all damages, injuries, claims, causes of action, or losses of any kind resulting from your participation in this Contest, and/or your acceptance, possession, use or misuse of any prize including without limitation, personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy.

All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of Contestants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions.

By participating in the Contest, you also agree to have your name, social media account name, photograph, voice, biographical information, and likeness used in any and all media for any purpose including without limitation for promotional purposes relating to the Contest or any future similar contest without further compensation or notice, except as prohibited by law.

For a copy of the official rules or the name of the winner, send a self-addressed envelope to Dino Bones Productions, Inc., Attn: Dish Nation/Legal Department, 4975 W. Pico Boulevard, Los Angeles, CA 90019, by October 31, 2017. The winner’s name will be available for a period of 90 days after the winner has been verified and the prize has been awarded.

The Contest is subject to the privacy policy of Dino Bones Productions, Inc., as posted on the DishNation.com website. For more information, see dishnation.com/privacy-policy. The Contest is also subject to the DishNation.com terms of service, available at dishnation.com/terms-of-service. The full Contest rules can be found online at dishnation.com/Porsha’sPopQuiz until October 31, 2017.

 


Privacy Policy
Effective Date: July 2016

Table of Contents:

1. SCOPE AND APPLICATION: What and who this Policy covers
2. COLLECTION OF INFORMATION: The sources of and methods by which we, our service providers and our advertisers collect information from and about you, including information about your interaction with Dish Nation
3. USE AND DISCLOSURE – How we use the information we collect from and about you, and who we might share it with and why.
4. SECURITY: How we protect your information from loss or misuse
5. USER ACCESS AND CONTROL: How you can access and control the information we maintain about you
6. OTHER IMPORTANT INFORMATION: Other things you should know about this Policy and how we handle your information
7. CONTACT US: How to contact Dish Nation about this Policy

  1. SCOPE AND APPLICATION

Dino Bones Productions, Inc. (“Company” or “we”) wants you to be familiar with how we collect, use and disclose information from and about you. This Privacy Policy describes our practices in connection with information collected through services such as websites, mobile sites, applications (“apps”), and widgets (collectively, the “Company Services”). By using Company Services, you agree to the terms of this Privacy Policy. A list of our affiliated companies (“Company Affiliates”) is available at www.21cf.com

As set forth in our Terms of Use Terms of Use, the Company Services are for a general audience, are not targeted to children, and do not knowingly collect personal information from children under 13 years of age.

This Privacy Policy applies to all users, including both those who use the Company Services without being registered with or subscribing to a Company Service and those who have registered with [or subscribed to] a Company Service. This Privacy Policy applies to Company’s collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address). It also describes generally Company’s practices for handling non-personal information (for example, interests, demographics and services usage).

  1. COLLECTION OF INFORMATION

Company and our service providers collect the following information from and about you:

Registration Information is the information you submit to register for a Company Service, for example, [to create an account, post comments, receive a newsletter, or enter a contest or sweepstakes]. Registration Information may include, for example, name, email address, gender, zip code and birthday.

Public Information and Posts consist of comments or content that you post to the Company Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.

Information from Social Media. If you access or log-in to a Company Service through a social media service or connect a Company Service to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Company Services through social media services or when you connect a Company Service to social media services, you are authorizing Company to collect, store, and use such information and content in accordance with this Privacy Policy.

Activity Information. When you access and interact with the Company Services, Company and its service providers may collect certain information about those visits. For example, in order to permit your connection to the Company Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Company Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.

Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology including cookies) are comprised of small bits of data. Company’s websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer or other device so the website or app can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the Company Services, such as pages you have visited, the video and other content you have viewed, search queries you have run and advertisements you have seen.

Third parties that support the Company Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Company Services usage statistics, may also use these technologies to collect similar information when you use the Company Services or third-party services. These third parties may also use these technologies, along with Activity Information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. Company does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, including your choices with respect to them, see the section entitled “To deliver relevant advertisements,” below.

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Company Services.

Information from Other Sources. We may supplement the information we collect with information from other sources, such as publicly available information from social media services, commercially available sources and information from our Company Affiliates or business partners.

Do Not Track Signals. At this time we do not respond to browser ‘Do Not Track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.

  1. USE AND DISCLOSURE

We use the information we collect from and about you to provide the Company Services and features to you, including: to measure and improve those Company Services and features and to develop new products and services; to improve your experience with both online and off-line Company Services by delivering content you will find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in online games, contests, other promotions, or rewards programs; to provide you with customer support and to respond to inquiries. In order to provide you with content and advertising that is more interesting and relevant to you, we may use the information from and about you to make inferences and predictions about your potential areas of interest. When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with third parties, to the extent permitted by applicable law.

We use the information we collect from and about you for these additional purposes:

To allow service providers to assist us in providing and managing the Company Services. The information we collect from and about you may be made available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the Company Services, and manage and/or provide the Company Services.

To allow service providers to assist us in providing and managing the Company Services. The information we collect from and about you may be made available to certain third party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the Company Services, and manage and/or provide the Company Services.

To allow social sharing functionality. If you log in with or connect a social media service account with Company Services, we may share your user name, picture, and likes, as well as your activities and comments with other Company Services users and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting your Company Services account with a social media service, you are authorizing us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with your Company Services account and do not participate in social sharing on Company Services.

To provide co-branded services and features. We may offer co-branded services or features, such as contests, sweepstakes or other promotions together with a third party (“Co-Branded Services”). These Co-Branded Services may be hosted on Company Services or on the third party’s service. By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with the third party. The third party’s use of your information will be governed by the third party’s privacy policy.

To deliver relevant advertisements. Company and our service providers may use the information we collect from and about you to deliver relevant ads to you when you use the Company Services (on any of your devices) or another service. As noted above, third-party advertising networks and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information the different devices you use and your activity on such devices, to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info. If you would like to opt-out of such ad networks’ and services’ advertising practices on the particular device on which you are accessing this policy, go to www.aboutads.info/choices to opt-out in desktop and mobile web browsers. You may download the AppChoices app at www.aboutads.info/appchoices to opt-out in mobile apps.

To contact you. Company may periodically send promotional materials or notifications related to the Company Services. If you want to stop receiving promotional materials, you can change your account setting or follow the unsubscribe instructions at the bottom of each email.  There are certain service notification emails that you may not opt-out of such as notifications of changes to the Company Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.

To share with our Company Affiliates. Company may share your information with Company Affiliates for the purposes described in this Privacy Policy. A link to a website that lists Company Affiliates can be found at the beginning of this policy. Users who visit Company Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.

To share with business partners. Company may share your information with business partners to permit them to send you marketing communications consistent with your choices.

To protect the rights of Company and others. There may be instances when Company may use or disclose your information, including situations where Company has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our Company Affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

To complete a merger or sale of assets. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

  1. SECURITY

Company uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information.

  1. USER ACCESS AND CONTROL

If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us as outlined in Section 3; or using the mechanisms provided below. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, or suppress. We will try to comply with your request as soon as reasonably practicable.

If you are a California resident, you may request that we not share your personal information on a going-forward basis with Company Affiliates or unaffiliated third parties for their direct marketing purposes by contacting us as outlined in Section 3 and putting “shine the light opt-out” in the subject line and your full name, email address and postal address in the body of the email.  We will try to comply with your request(s) as soon as reasonably practicable.

  1. OTHER IMPORTANT INFORMATION

Updates to Privacy Policy. Company may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Company Services.

Location of Data. The Company Services are hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.

Linked Services. The Company Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. Company is not responsible for the privacy practices of unaffiliated companies and once you leave the Company Services or click an advertisement you should check the applicable privacy policy of the other service.

In addition, Company is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Company Services.

Collection of Personal Financial Information by a Payment Service. In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Service.

Data Retention. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.

Sensitive Information. We ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Company Services or otherwise.

  1. CONTACT US

If you have questions about this Privacy Policy, please contact us at:

Email: privacy-scpi@foxtv.com

By mail: Dino Bones Productions, Inc., 1999 S. Bundy Drive, 3rd Floor, Los Angeles, CA 90025, Attn: Stephen Brown/Production

By telephone: (310) 584-3280

By fax: (310) 584-2258

 


DishNation.com Terms of Use Agreement
Effective Date: September 29, 2015

_________________

Description of Dino Bones Productions, Inc. Services and Acceptance of Terms of Use Including Arbitration of Disputes

Welcome to DishNation.com, which is operated by Dino Bones Productions, Inc. (“Company,” “we” or “us”). The services Company provides on DishNation.com include any DishNation.com-branded URL (the “DishNation.com Website”), DishNation.com text messaging and other messaging services, video services, sweepstakes and contests, mobile services, and any other features, content, or applications offered from time to time by DishNation.com that link to these Terms of Use in connection with DishNation.com’s business (collectively, the “Company Services”). Company is based in the United States and the Company Services are hosted in the United States. Company is a part of the United States based operations Twenty-First Century Fox, Inc.

Company furnishes DishNation.com and the Company Services for your personal enjoyment and entertainment. By visiting DishNation.com (whether or not you are a registered member) or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on DishNation.com. All material modifications will apply prospectively only. Your continued use of DishNation.com or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately.

Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT.

Registration and Security

To access some Company Services you may be asked to establish an account. All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. 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 account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to sign out of your account each time you conclude a visit to DishNation.com. Your account is not transferable. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password. Company reserves the right to change your username or url associated with your account.

Termination

Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use the Company Services. You may terminate your account/subscription on DishNation.com at any time, for any reason, by sending an email to Privacy-SCPI@foxtv.com. Company may terminate your account and/or access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your user account or access to the Company Services is terminated by you or by Company, this Agreement will remain in effect with respect to your past and future use of DishNation.com or the Company Services. Any rights to your account terminate upon your death.

Fees

You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Company Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Company suspends or terminates your account and/or access to the Company Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing DishNation.com Services or Products

In connection with a purchase any service, subscription or product on DishNation.com (“Site Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to us or to an independent third party selected by, but not affiliated with, Company, as applicable (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from DishNation.com you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor.   Company provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on DishNation.com. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges.   You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.

The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services unless Company is the Processor of such purchase or transaction. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

Limited Content License

The Company Services are offered for your personal use only and may not be used for commercial purposes. The Company Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Company, its licensors, or assignors (“Company Content”), as well as Content provided by users or other third parties. Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content. Company hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Company Services.

Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services including geo-filtering mechanisms. Except as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.

Restrictions on Use of Company Services

You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on DishNation.com or on, through or in connection with the Company Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.

You agree not to use the Company Services to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, 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;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising DishNation.com or the Company Services;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
  • Delete or revise any information provided by or pertaining to any other user of the Company Services;
  • Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company 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, and by way of liquidated damages and not as a penalty, 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 advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Company Content;or building a business using the Company Content) without Company’s prior written consent;
  • Use the Company Services to advertise or promote competing services;
  • Use the Company Services in a manner inconsistent with any and all Applicable Law;
  • Using technology or other means to access, index, frame, or link to DishNation.com (including the Content) that is not authorized by DishNation.com (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Company Content);
  • Accessing DishNation.com (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of DishNation.com and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company’s sole discretion and without notice to you. 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 to DishNation.com, including User Content and your account registration information, including when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

Company reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Company assumes no responsibility for any loss of your User Content due to its being removed by Company or for any other reason.

User Content on Message Boards and Forums

DishNation.com offers users the ability to post messages on message boards and forums (collectively, “Forums”), which may be open to the public generally, to all members of DishNation.com, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Company’s sole discretion and without notice to you.

You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.

Your Proprietary Rights in and License to Your User Content

Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Company Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Company Services. Company‘s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Company as your agent with full authority to execute any document or take any action Company may consider appropriate in order to confirm the rights granted by you to Company in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Company Services or Third Party Services.

If you delete your User Content from DishNation.com, Company’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Company’s back-up copies of DishNation.com, which are not publicly available. Furthermore, to the extent that Company made use of your User Content before you deleted it, Company will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from DishNation.com will not result in, and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from DishNation.com, and (ii) termination of your account or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

Removal of Material that Infringes Copyrights

Company respects the intellectual property of others and requires that our users do the same. Company has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Company Services who are repeat infringers. Company also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe material on Company Services infringes your copyright.

If you believe that any material residing on or linked to from Company Services infringes your copyright, you must send Company’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:

By mail: Dino Bones Productions, Inc., 1999 S. Bundy Drive, 3rd Floor, Los Angeles, CA 90025 Attention: Stephen Brown/Production

By telephone: (310) 584-3280

By fax: (310) 584-2258

By e-mail: DMCA-SCPI@foxtv.com, with “DMCA notice” in the subject line. PLEASE BE ADVISED EMAILS SENT TO DMCA-SCPI@FOXTV.COM WITHOUT THE APPROPRIATE SUBJECT LINE OR FOR PURPOSES OTHER THAN COMMUNICATION ABOUT COPYRIGHT CLAIMS MAY NOT BE ACKNOWLEDGED OR RESPONDED TO.

If you posted material to Company Service that was removed due to notice by a copyright owner.

If you posted material to Company Services that Company removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on DishNation.com or by written or electronic communication to such address(es) you have provided to Company, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Your Exposure to Others’ User Content

You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Company assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services, including in violation of any “Restrictions on Use of Company Services,” please report it immediately to Company at Terms-SCPI@foxtv.com. Company assumes no responsibility for monitoring the Company Services for inappropriate User Content or user conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

Third Party Links and Services

The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Company. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites other than DishNation.com, even if the website links to DishNation.com and even if it is operated by a Company Affiliate or a company otherwise connected with DishNation.com. By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than DishNation.com. When you access Third Party Services, you do so at your own risk.

Member Disputes

You are solely responsible for your interactions with other users of DishNation.com and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

Privacy

Use of the Company Services is also governed by our Privacy Policy dishnation.com/privacy-policy, which is incorporated into and is a part of this Agreement by this reference.

Disclaimers

THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES.

Limitation on Liability

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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 COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF DISHNATION.COM OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF DISHNATION.COM OR THE COMPANY SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

United States Jurisdiction

Company provides the Company Services in the United States of America. Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use DishNation.com or the Company Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of DishNation.com or the Company Services.

Not all of the Site Products are available worldwide or nationwide, and Company makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.

U.S. Export Controls

Software available in connection with the Company Services is further subject to United States export controls. No such software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.

Arbitration Agreement

(1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and Company may have against the other that arise out of or relate to the Company Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. Each of you and Company also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below). The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.

(3) Any arbitration between you and Company will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. The arbitrator is bound by the terms of this Agreement.

(4) If either you or Company wants to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Arbitration Notice of Dispute, 1999 S. Bundy Drive, 3rd Floor, Los Angeles, CA 90025. The Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.

If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by the AAA. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the Company at the address listed above to which you sent your Notice of Dispute.

(5) AAA charges fees to conduct arbitrations. Ordinarily, the claimant has to pay that fee to start a case, but if you wish to commence an arbitration against Company, and you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), you will not have to pay this filing fee; Company will pay it on your behalf. If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by AAA, but Company will reimburse that fee if you win the arbitration.

(6) If you are seeking to recover $10,000 or less, AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or we may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor we request one, Company will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the AAA Rules.

(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) Each of you and Company may incur attorneys’ fees during the arbitration. In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Company agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company must be pursued, will remain in effect.

(10) You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

Governing Law

The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, DISHNATION.COM OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity

You agree to indemnify and hold Company, its Company Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of DishNation.com or the Company Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through the Company Services.

Unsolicited Submissions

Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the Company Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company (and are not User Content licensed by you to Company under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

Company may, from time to time, post Company employment opportunities on the Company Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Company in response to employment listings, you are authorizing Company to utilize this information for all lawful and legitimate hiring and employment purposes. Company also reserves the right, at its sole discretion, to forward the information you submit to its Company Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a promise by Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a promise that Company will review any or all of the information submitted to it by users of the Company Services.

Other

The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of DishNation.com.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact us at: Terms-SCPI@foxtv.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Explore More
More Dish
More Entertaining Dish
Load More Dish
KICK BACK AND WATCH
Dish Nation
Anywhere
Watch Dish Nation at home or on the go. Find us on various platforms and services.
Learn More


@endphp