TERMS AND CONDITIONS TO EACH AFFILIATED BROADCASTER ("COMPANY") OF THE OPRAH WINFREY SHOW IF COMPANY DISAGREES WITH ANY OF THE BELOW TERMS OF USE, THEN COMPANY IS NOT AUTHORIZED TO USE THIS SITE. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS 1) TM & COPYRIGHT 2008 BY Harpo, Inc. ALL RIGHTS RESERVED. All materials on this site, including, but not limited to images, illustrations, audio clips, and video clips (collectively the "Material") is protected by copyrights owned or controlled by Harpo, Inc. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. 2) Company 's use of this site constitutes Company 's agreement to abide by these Terms of Use. Harpo, Inc. and its affiliated companies, as well as its agents and assignees, as applicable ("Harpo"), reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and Company agrees to be bound by such modifications, alterations or updates. Company also agrees to review these Terms of Use on a periodic basis. 3) In accordance with the terms of Company 's television license agreement with Harpo concerning the television programs for which Company is accessing this site for purposes of obtaining promotional materials, Harpo hereby grants Company a password and a non-exclusive, non-assignable and non-transferable license to use and display, for advertising and promotional purposes only, one copy of any Material and/or software that Company may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material"); provided, however, that Company must maintain all copyright and other notices contained in such Downloaded Material; and provided, further, that Company shall comply with all promotional restrictions and requirements contained in Company 's television license agreement. Company acknowledges and agrees that Company may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to Company from Harpo or anyone else. Company also agrees that Company will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material. DISCLAIMERS AND LIMITATIONS ON LIABILITY 4) Harpo is not responsible or liable for any infections or contamination of Company 's system or delays, inaccuracies, errors, or omissions arising out of Company 's use of this site or with respect to the Material contained on this site. This site and all Materials contained on it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material rests with Company. Harpo is not responsible for any special, indirect, incidental, or consequential damages that may result from the use of, or the inability to use, the Materials contained on this site, whether the Material is provided or otherwise supplied by Harpo oranyone else. Not withstanding the foregoing, in no event shall Harpo 's total liability to Company for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by Company, if any, for accessing this site. OTHER 5) This site is controlled and operated by Harpo from its offices in the State of Illinois, United States of America. Harpo does not make any representations that Materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. 6) This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and to be performed entirely within such State. Any action Company brings to enforce this agreement or any matters related to this site shall be brought in either the State or Federal Courts located in Cook County, Illinois. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Does Company agree to these terms? |