2. Use of Content
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "Submissions") ("Content") contained on NBCMontana.com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change NBCMontana.com or delete Content or features at any time, in any way, for any or no reason, in our sole discretion.
Except as we specifically agree in writing, no Content from NBCMontana.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of NBCMontana.com, except that where NBCMontana.com is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of NBCMontana.com is prohibited.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on NBCMontana.com for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through NBCMontana.com for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
4. License and Representatives
To the extent that we solicit Submissions through features or activities on or through NBCMontana.com (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "Public Forums and Communication") that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Children under the age of 13 years are prohibited from participating in activities that require the creation of an account and the collection of personal information. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and personal information. Persons between the ages of 13 and 18 years may participate in most activities on NBCMontana.com, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor's access to and use of NBCMontana.com; and (c) the consequences of any use of NBCMontana.com by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
6. Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of NBCMontana.com that offers the opportunity for users to Distribute Submissions for viewing by one or more NBCMontana.com users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through NBCMontana.com under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.
7. Rules of Conduct
The following Rules of Conduct apply to NBCMontana.com. By using NBCMontana.com, you agree that you will not Distribute any Submission that:
(a) Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy by another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
Infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
Is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
Contains a virus or other harmful component, or otherwise tampers with, impairs or damages NBCMontana.com or any connected network, or otherwise interferes with any person or entity's use or enjoyment of NBCMontana.com;
(a) Does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.