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Terms of Use

Welcome to RunawayBox.com!

RunawayBox.com, its affiliated websites and all extensions thereof and services provided thereby (collectively, the “Site”) are controlled and operated by Home Box Office, Inc. and by its employees and authorized agents (collectively, “we”, “us” and derivatives). It is important to us that you have the best possible time while using the Site, and that when you use the Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these terms and conditions of use (the “Terms”) as the legally binding terms to govern your use of the Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms

If you do not agree with any of these Terms, then please do not use the Site, because by using the Site you are deemed to have irrevocably agreed to these Terms. Certain areas of the Site may be subject to additional terms and conditions, and we advise that you read such terms and conditions prior to your use of those areas. Such terms and conditions, if any, do not vary or replace these Terms unless otherwise expressly stated. Please note that these Terms may be changed without notice at any time. You should visit this page regularly to review the current Terms, since your continued use of the Site will be deemed as irrevocable acceptance of any such changes. These Terms were last updated on May 4, 2007

How To Contact Us

All correspondence related to the Site and/or these Terms may be addressed to RunawayBox.com, c/o Home Box Office, Inc., 2500 Broadway, Suite 400, Santa Monica, California 90404.

Your Registration

To access the Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of the Site that all the details you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. You must be at least eighteen (18) years of age to use the Site. Unless we have received a properly completed and acceptable parental consent form governing your use of the Site, we will assume (and by using the Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.

Trademarks and Copyrights

The Site and all materials incorporated by us on the Site, including, without limitation, audio-visual recordings and productions, articles, posts, essays, photographs, collages and montages, illustrations, software, css, html, source and object code, as well as the selection and arrangement of any and all the foregoing (collectively, the “Material”) are protected by copyrights, patents, trade secrets and/or other proprietary rights (collectively, the “Copyrights”). Some of the characters, logos or other images included on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us (collectively, the “Trademarks”).

Your Use of Material

Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on the Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on the Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. Any authorization to copy Material granted by us in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

We may, from time to time, include certain Material created and/or owned by third parties (the “Third Party Material”) on the Site. We make no representation or warranty regarding the copyright or trademark status of any such Third Party Material, and any copying, reproduction, distribution, publication, display, transmission or other use by you of such Third Party Material is at your own risk. Some Third Party Material may be licensed to us for our exclusive use in connection with the Service; however, we have no right or authority authorize the copying, reproduction, distribution, publication, display, transmission or other use by you of such Third Party Material. All requests for permission to use any Third Party Material should be directed to the person or entity that owns said Material.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (THE “FORUMS”) ARE NOT NECESSARILY OURS OR THOSE OF OUR AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT OUR RESPONSIBILITY. WE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN OUR SOLE DISCRETION. ANY USE OF THE FORUMS IS AT YOUR OWN RISK AND IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH ABOVE.

Submissions, Postings and E-mails

Although we are pleased to hear from our audience, we do not accept or consider any creative ideas, suggestions or other Material. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings if your ideas are similar to those we or our affiliates have developed independently. As such, we ask that you do not send us any creative materials, including, without limitation, any stories, concepts, content ideas, character ideas, treatments, screenplays, books, songs, musical compositions, artwork or other materials (collectively, the “Unsolicited Submissions”). If, despite our request, you submit to us an Unsolicited Submission via email, facsimile, postal mail or otherwise, your submission of same shall, upon our receipt of it, be deemed: (a) to grant to us, for consideration which you deem sufficient and received by you, the perpetual, worldwide, non-exclusive and irrevocable right to use, reproduce, modify and publish the Unsolicited Submission and to create derivative works based on the Unsolicited Submission and to develop, produce, distribute, display, exhibit, exploit, promote and advertise the Unsolicited Submission and such derivative works in all media, now known or hereafter devised; (b) to grant to us of the right (by not the obligation) to use your name in connection with any of the aforementioned uses; (c) to indicate a waiver by you of any and all claims, in law and/or in equity, that you may have stemming from and/or related to any use by us of the Unsolicited Submission; and (d) to indicate your agreement that such Unsolicited Submission is non-confidential and that we are not liable for any disclosure of the contents of any Unsolicited Submission. However, from time to time, areas on the Site may expressly request submissions of concepts, stories, or other potential content from you (the “Invited Submissions”). If we request Invited Submissions, there may be specific rules or other terms and conditions which appear elsewhere on the Site that govern such Invited Submissions (the “Additional Terms”). If there is any conflict between the Additional Terms and this section of the Terms, the Additional Terms shall apply, but only to the extent of such conflict.

With respect to any Invited Submissions and Material you post to the Site in any Forum, you automatically and irrevocably: (a) grant and assign to us all rights in and to such Invited Submissions and Material throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by us and/or by any person authorized by us, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in such Invited Submissions and Material which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint us as your agent with full power to enter into any document and/or do any act we may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of such Invited Submissions and/or Material and entitled to enter into these Terms; (e) confirm that no such Invited Submissions or Material will be subject to any obligation, of confidence or otherwise, to you or any other person and that we are not liable for any use or disclosure of such Invited Submissions or Material.

Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material may expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through the Site are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site. We require that you do not post e-mails or submit to or publish through Forums or otherwise make available on the Site any content, or act in a way, which in our opinion:

  1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  2. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  3. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  4. violates any law or may be considered to violate any law;
  5. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
  6. advocates or promotes illegal activity;
  7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  8. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Site;
  9. solicits funds, advertisers or sponsors;
  10. includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  11. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  12. copies any other pages or images on the Site except with appropriate authority;
  13. includes MP3 format files;
  14. amounts to a ‘pyramid’ or similar scheme;
  15. amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
  16. disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
  17. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by us anywhere on the Site (e.g., on any web space made available for your use).

System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of the Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Site.

Security

Any passwords used for the Site are for individual use only. You shall be responsible for the security of your password (if any). We are entitled to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we are entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission (including any Unsolicited Submission or Invited Submission), posting or e-mails you make or send to any Forum. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use the Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Site and/or any software, facilities and services on the Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations

We make no representation that any content on the Site is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity

You agree to indemnify and hold harmless Home Box Office, Inc. and each of its parent, subsidiary and affiliated entities and each of their respective officers, directors, employees, agents and distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of your account.

Third-Party Sites

The Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with RunawayBox.com) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since other shop channels are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties

Proprietary Online Services

Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The Materials and all other content in the Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by us from our offices within the States of California and New York, United States of America. These Terms are governed by, construed and enforced in accordance with the laws of the New York, as they are applied to agreements entered into and to be performed entirely within New York State. Any action you, any third party or RunawayBox.com may bring to enforce these Terms or in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms reflect the entire agreement between you and us relating to the matters contained herein.

Claims of Infringement

If you believe that any content appearing on the Site infringes your copyright rights, our lawyers would love to hear from you. Please forward the following information in writing to the email or address listed below.

  1. your name, address, telephone number, and e-mail address;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the exact URL or a description of each place where alleged infringing material is located;
  4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  6. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

RunawayBox.com
c/o Home Box Office, Inc.
2500 Broadway, Suite 400
Santa Monica, CA 90404
Attn: Business & Legal Affairs
Email: info -at- runawaybox.com

We seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.