Code of Conduct for TCM's Online Community
Please read this Code of Conduct (the "Code") carefully before using tcm.com, including all webpages therein, and any related community features, including without limitation any chat, instant messaging, commenting, message boards, and any social networking functions associated with TCM, such as creating and updating profiles, requesting, accepting, or denying friends, becoming fans of certain properties, forming groups, tagging, associating with various content, and uploading and/or downloading content (collectively, the "Site"). By using the Site, you agree to follow the Code and TCM's directions with respect to enforcement of the Code. If you do not agree with any aspect of the Code, do not use the Site. Turner Classic Movies, Inc, ("TCM") and its parent, subsidiary, and affiliated companies (collectively "Licensors") reserve the right, in their sole discretion, to modify, alter or otherwise update the Code at any time without any advance notice to you. Changes and/or modifications shall become effective immediately upon the posting on or within the Site. Please review this Code periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the Code.
TCM's Enforcement of the Code.
By using the code you understand and agree that TCM has the right and authority (but not the obligation) to monitor the Site, and all activities therein, and may enforce this Code in the manner TCM sees fit in its sole discretion. TCM reserves the right to terminate your membership and/or delete your profile if you violate the Code, or engage in unanticipated activity that is illegal, harassing, annoying to other members or which is otherwise disruptive to other users, even if such conduct is not specifically prohibited in this Code. Although TCM endeavors to enforce this Code in a fair and even-handed manner, in no event shall TCM's failure to enforce it in one or more past situations prevent it from being enforced in similar situations in the future. TCM may give you or others a warning before it terminates your account and/or deletes your profile, if TCM so determines in its sole discretion, but you are not entitled to any such warning. Similarly, TCM is under no obligation to provide you an explanation of why it may or may not have enforced the Code generally, or in any particular instance.
You agree not to use the Site in any way that violates Licensor's rights, or the rights of others (including, but not limited to, trademarks, copyrights, patents, and rights of privacy and publicity), that is inconsistent with community standards, or in any way that may give rise to liability for Licensors, their affiliates, or their respective directors, officers, employees, agents, providers, suppliers or licensors, including, without limitation, by creating, displaying or transmitting on or through the Site any content that may violate such rights of others, disrupt the enjoyment of the site by others, or that may give rise to legal liability to Licensors, Licensors' sponsors or advertisers, or other Users of the Site.
(a)What follows are nonexclusive examples of the types of content, conduct, or uses that are prohibited under the Code:
Any content or use that is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, religious intolerance, intolerance of minorities, hatred or physical harm of any kind against any group or individual, regardless of whether such use or content takes place within the Site, or takes place outside the Site but relates to the Site in any manner.
Any content or use that insults, is derogatory of, intentionally harasses, or advocates harassment of, another person, or groups of persons, or is abusive, threatening, or defamatory to other users. If you disagree with something another user has posted, do so in a courteous manner, and do not disparage, insult, or otherwise attack other users personally.
Any excessive posting, including without limitation, posting the same thing multiple times (in the same or different thread or forum) or posting content or comments that have no relevance to what is being discussed by others, is prohibited. This includes purposefully posting in a thread content unrelated to the discussion with the intent harass, confuse, or frustrate contributors or to post off-topic comments meant to disrupt members from their intended goal of discussing the topic of a thread.
Any content that promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or that exploits people in a sexual or violent manner.
Any content that infringes upon or violates any third party's rights, including but not limited to, intellectual property rights, rights of publicity or privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity, or videos, photographs, or images of another person used without his or her permission (or in the case of a minor, the minor's legal guardian).
Any content that promotes or enables 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 manufacturer-installed copy-protect devices, or providing pirated music, movies, videos, or video Sites, or links, or other access thereto.
Any content that provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, buying or selling pornography, violating someone's privacy, or providing or creating computer viruses.
Any content or use that tries to gain unauthorized access to the Site, including without limitation profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
Any content or use that engages in or solicits commercial activities or sales without TCM's prior written consent such as, without limitation, contests, gambling, betting, sweepstakes, barter, sales advertising, investments and pyramid schemes.
Any content that contains viruses, time bombs, trojan horses, cancelbots, worms or any other harmful, or disruptive creations, components or devices.
Any content or use that interferes with another user's use and enjoyment of the Site, or any other individual's user and enjoyment of the Site, including without limitation, use that involves the transmission of "junk mail," "chain letters", or unsolicited mass messaging or emailing, or "spamming".
Any content that refers to any website or URL that, in the sole discretion of TCM, contains material that is inappropriate for the Site contains content that would be prohibited on the Site, or violates the letter or spirit of the Code.
(b) Any access to, or use of, the Site or the computer systems used to provide the Site that is not consistent with the express provisions of the Code is expressly unauthorized and prohibited. You must use the Site in a manner consistent with any and all applicable laws and regulations.
(c) Although Licensors cannot monitor all of the conduct of its members off the Site, in order to protect our members from unwarranted advertising or solicitation, Licensors reserve the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which Licensors deem appropriate in its sole discretion.
(d) You may not impersonate any Licensors' employees or agents, customer service personnel, group leaders or administrators, any in-Site characters, or other members, and you may not give false information or intentionally hide any information when registering to use the Site.
(e) You may not modify any part of the Site unless specifically enabled by TCM. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running the Site, nor may you use any Site hacking, altering, or cheating software tools. You may not use any automated scripting or "macroing" tools or software without Licensors' prior consent.
(f) You understand and agree that Licensors have the right at all times to disclose the identity of the persons providing information or materials on the Site. 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, or attempts by Licensors to resolve disputes within the Site.
(g) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 Licensors 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 in connection with the Site.
(h) You understand and accept that it is possible that other registered members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. Licensors do not approve of such unauthorized uses but by using the Site you acknowledge and agree that Licensors are not responsible for the use of any personal information that you disclose on the Site. Please carefully select the type of information that you post or display on the Site.
(i) Licensors reserve the right, but have no obligation, to monitor both public and private communications you make within the Site, for the purpose of investigating any disputes between you and other members, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Code, or to terminate community privileges in appropriate circumstances. Notwithstanding this right of the Licensors, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF THE SITE AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE SITE. If you would like to report conduct you believe is in violation of the Code, email email@example.com. Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that Licensors must or will take any action against such conduct or the user engaging in such conduct. In the event Licensors do take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Code to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.
(j) You agree that you will follow any additions or other amendments to this Code once posted on the Site, and shall follow all reasonable instructions (to be determined in Licensors' sole discretion) from authorized Site administrators or monitors while using the Site and while using all official forums and communication tools.
You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles, files, data, or other information that you create, transmit or display on or through the Site, or that is created, transmitted, or displayed via your account or sub-accounts (collectively, "User Content").By transmitting or displaying User Content on or through the Site, you grant Licensors an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and promise that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that Licensors may review, edit and delete any User Content which, in their sole judgment, violates this Agreement. You agree to indemnify Licensors for any legal claims (or threats of legal claims) based in whole or in part on your User Content.
Licensors do not accept or consider creative ideas, suggestions or materials other than those Licensors have specifically requested via the Site or otherwise. This is to avoid the possibility of future misunderstandings when projects independently developed by Licensors or their 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, suggestions, ideas, notes, drawings, concepts, including, without limitation, ideas or descriptions of how the Site, plot, or characters could be enhanced or further developed, (collectively, the "Information"), the Information shall be deemed, and shall remain the property of Licensors. None of the Information shall be subject to any obligation on the part of Licensors and Licensors shall not be liable for any use or disclosure of any Information. By sending or posting Information, you hereby grant Licensors a perpetual, irrevocable, nonexclusive right to use such Information in all media now known or hereafter devised throughout the universe and you agree that Licensors shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other individuals or entities involved with the creation of such Information.
Names used in connection with this Site must also comply with this Code, and may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words). Names may not be a name or handle of any TCM employees or agents, or suggest affiliation or employment with TCM, or others. Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and TCM strongly recommends that you not use your own either). Names may not use misspellings or alternative spellings of names that violate any of the rules above. TCM shall have full discretion in determining whether a name you have chosen to use in connection with the Site is appropriate or not.