Terms & Conditions
1. Program Overview
Welcome to Viggle! These terms and conditions govern the Viggle Loyalty Program. The Program allows you to get points every time you perform a qualifying action using the Viggle service. You can use these points to obtain rewards.
All legal residents of the United States (including Puerto Rico) who are at least 13 years of age are eligible to participate in the Program. In order to participate in the Program, you should enroll with a valid email address, and maintain an active Viggle account.
An individual person may only have one Viggle account. If we have a reasonable belief that multiple Viggle accounts are registered to the same individual, we may suspend or terminate any duplicate Viggle accounts, and also suspend or terminate your participation in the Program. In addition, only one individual person may be registered to a Viggle account.
An individual may use his or her account on up to five different devices, but an individual may only be logged into one device at a time.
Employees of Viggle and its affiliates and partners, and each of their immediate family members and individuals living in the same households of each of these individuals, are eligible to participate in the Program, but these individuals may not participate in any sweepstakes or instant wins offered through the Program. We reserve the right to determine whether any particular user is eligible to participate in the Program.
3. ENROLLING IN THE PROGRAM
To enroll in the Program, please download and install our mobile app or, if the Program is available through our Viggle.com website, access the Viggle.com website. After doing so, you can register for a Viggle account by providing a valid email address, choosing a unique user name and password and providing other information we need in order to open your Viggle account.
By enrolling in the Program, you agree that you will keep your user name and password secure and confidential and keep your Viggle account information updated and accurate and that you will notify us immediately of any unauthorized use of your Viggle account. We will deem any activity occurring through your Viggle account to be your actions, and you agree that we may rely upon such actions.
Other than the third party processing fees that may be applicable to redeeming certain Rewards or otherwise disclosed to you, there are no fees to enroll or participate in the Program, though we reserve the right to charge fees in the future for use of the Viggle service.
4. ACCUMULATING POINTS
After enrolling, you can start getting points by completing actions that allow you to qualify for points, as we indicate from time to time. These actions may include:
- Doing a “check-in” while watching a qualifying program. A qualifying program is a television program, commercial or other media in the Viggle database for which check-ins are available.
- Viewing qualifying programs (up to a maximum of twelve (12) hours per day)
- Referring new users to the Program
- Completing certain actions in social media
- Completing other actions that we may make available from time to time, such as completing surveys, watching a game or other actions.
- Redeeming a reward
All unredeemed points will expire if no qualifying action has been made from your Viggle account for twelve (12) consecutive months.
We may also place limits on points from time to time in our sole and absolute discretion. For example, we may place limits on points you may accumulate in a day, or we may place limits on the number of times you may accumulate points for performing the same engagement.
You may only receive points for checking-in from certain sources, including live television, television recorded by DVR or official Viggle channels such as videos on the Viggle application.
We reserve the right to determine, in our sole discretion, whether a particular action qualifies for points. We also reserve the right to offer different users of the Viggle service different quantities of points for the same qualifying action. We also offer certain point-earning opportunities, offers or rewards to certain users without offering them to all users. For example, we may offer certain users particular rewards based on their viewing history, their location or the rewards they have chosen in the past.
Points that are validly obtained will generally post to your Viggle account within several hours of a qualifying action, but in some cases it may take longer. You can view the points balance in your account and your redemption activity by signing in to your Viggle account.
Points obtained or accumulated are and will at all times remain our property. Points have no cash or other value, except to obtain rewards. You may not sell, purchase or transfer points or your Viggle account. Points will automatically be forfeited in Viggle accounts that are terminated or cancelled.
When you place a redemption order, your Viggle account will be reduced by the number of points used to acquire the reward. If your reward order is cancelled due to an issue with redeeming the reward (such as the reward becoming unavailable), we will reinstate your points and notify you of the cancelled order.
We may also reduce your point total in certain circumstances based on your actions. For instance, we may reduce your point balance if you call our customer service line in excess of a certain number of times.
All unredeemed points will expire if your Viggle account is dormant for twelve (12) consecutive months, that is, that no qualifying action has been taken. Additionally, points need to be redeemed within twelve (12) months from when they were obtained or they may be forfeited. We reserve the right to issue certain points that will have an earlier or shorter expiration date. The points balance in your Viggle account will be forfeited if your Viggle account is terminated for any reason. We may also remove points from your account to correct errors. You may not be provided with notice of expiration, forfeiture or removal of points. You are not entitled to compensation from us or from any other entity, when the points in your Viggle account expire, if they are removed from your account, if your account is terminated, or if they are forfeited for any reason.
5. MEMBERSHIP TIERS
We may establish membership tiers. We may, for example, establish membership tiers based on the total annual point balance in your Viggle account during a calendar year. Different membership tiers may, for example, give members the opportunity to obtain additional points, obtain exclusive content and obtain exclusive features.
We need the flexibility to change our program to provide the best experience for our users. Accordingly, if we establish membership tiers, we reserve the right to change the membership tiers, the number of points required to obtain membership tiers, or terminate the membership tiers at any time, in our sole discretion. In addition, we may determine the benefits to which a particular membership tier may be entitled, and may change those benefits, in our sole discretion.
You may redeem your points for merchandise, gift cards, sweepstakes entries, instant win plays, offers or other rewards listed in our Rewards Catalog, while supplies last. To redeem points in your Viggle account for a reward, visit our Rewards Catalog at any time. The Rewards Catalog contains the current list and description of available rewards, as well as the number of points necessary to obtain each reward. We reserve the right to change the Rewards Catalog without notice, and we do not guarantee the availability of any particular reward. We also reserve the right to change the number of points required to redeem a particular reward. We may also require that you provide us additional information (such as your name, address, or other information) in order to redeem a reward, and your receipt of the reward is contingent upon your providing us with the information we request.
A particular reward may be subject to specific terms and conditions that will be disclosed in the Rewards Catalog, such as the expiration date of the Reward, the purchase or other requirements to use or deliver the Reward, any return policy requirements and any warranties for the reward, or any other limitations or restrictions on obtaining, retaining or using the reward. Neither we nor the merchant providing the reward will be liable if a reward expires prior to redemption for the reward or its use. You and the merchant providing the reward are responsible for compliance with all laws related to redeeming and receiving the reward, including the payment and collection of any applicable federal, state, or local taxes. The aggregate value of the rewards (not including any prizes you may win in sweepstakes or in instant win games) that any individual user of our service may receive during a calendar year is limited to U.S.$550. We may, in our sole and absolute discretion, waive the $550 limit for a user, but if we do so, the user agrees that he or she will provide a W-9 and such other information as Viggle may request.
We may deliver rewards to you electronically (i.e., through the email address associated with your account) or by mail. The delivery time may vary. Rewards will not be shipped to any address outside of the United States.
Any redemption of a reward is final. All non-merchandise rewards (such as gift cards and certificates) cannot be returned. Merchandise rewards may not be exchanged or refunded once a merchant has delivered the reward, unless it is defective or has been damaged in transit. Merchants, and not Viggle, are ultimately responsible for replacing any defective or damaged rewards. Refunds, exchanges and other issues relating to the reward are governed by the merchant’s terms and conditions applicable to the purchase. Redeemed rewards are not refundable, exchangeable, or transferable for cash, credit, other rewards or points. Neither we nor our participating merchants are responsible for replacing lost, stolen, or mutilated rewards, including retail or travel certificates, gift certificates, gift cards, or merchandise. You may not redeem points for rewards if your account has been suspended or terminated for any reason.
We reserve the right to offer rewards through or transfer rewards to other promotional incentive programs offered by Viggle and its affiliates or partners.
We may communicate with you regarding any matter related to the Program by email or by other electronic communications, including postings at the Program website. All electronic communications to you sent from us, or on our behalf, will be deemed to be communications “in writing” and will be deemed delivered to you no later than the earlier of the date actually received or five (5) days from the date of posting or dissemination. You agree that by participating in the Program we may use your mobile device to contact you about your account and to provide promotional and other offers. You are responsible for any charges assessed by your mobile carrier for communications made by us to your mobile device or other device.
8. CUSTOMER SERVICE
If you have a problem or question regarding your account, please contact Customer Service at email@example.com.
If you contact us regarding an error or mistake with respect to your account, we will use reasonable efforts to investigate and correct the error or mistake. In any event, you must notify us within thirty (30) days of the posting date or the date of the alleged error or mistake in order for us to undertake an investigation of the matter.
All questions or disputes regarding the Program, including eligibility, obtaining points, membership tiers, or redemption of points for rewards, will be resolved by us in our sole discretion.
9. CHANGES TO THE PROGRAM
We may modify, restrict or change the Program and/or these Program Terms at any time, which changes may include, but are not limited to, changing the terms of eligibility and enrollment, the number of points obtained for a particular action, membership tiers, the type and selection of rewards, or the conditions under which points expire or are forfeited. We will endeavor to notify you of material changes to the Program and Program Terms and, unless you choose to terminate your Program participation, you will be bound by the revised Program Terms. Notification of material changes may be done through the email address you have provided to us, SMS or MMS messaging to the registered mobile device (which SMS or MMS message may direct you to a website for the changed Program Terms), updates to the Mobile App pushed to your mobile device, posting such changes on the Program website, or by any other appropriate method, as we may determine. We also reserve the right to suspend or terminate the Program at any time, in our sole discretion, without liability or compensation to you.
10. ERROR PREVENTION AND OTHER ADJUSTMENTS
Occasionally we may review the validity of your account, your qualifying actions, and your compliance with these Program Terms. In addition we may, but are not required to, review your point balance to confirm if any errors have been made in the calculation of your point balance. Based on any such review or if we otherwise deem necessary (for example, if we believe there have been non-qualifying actions), we may authorize an adjustment to the points balance in your account and/or membership tier. These adjustments can be positive or negative. Details on adjustments can be found on the Program website. You are responsible for periodically verifying the accuracy of your points balance.
11. TERMINATION OF YOUR PROGRAM ACCOUNT
You may cancel your account at any time by notifying Customer Service at firstname.lastname@example.org. Cancellation of your account will be effective not later than thirty (30) days after you submit your request, during which period you may still obtain points and redeem rewards.
When an account is cancelled or terminated for any reason, any and all point balances, redeemed rewards, or other benefits associated with the account, will be forfeited or cancelled effective as of the date of such termination.
Last Modified: March 1, 2013
Welcome to Viggle! This website and mobile application are operated by Viggle Inc.
We provide the website, mobile app and Viggle service for your personal non-commercial use only.
By using the website, the app or the Viggle service, you are representing and warranting that: (a) you are a legal resident of the United States, (b) you are either (1) at or above the legal age of majority in your jurisdiction of residence or (2) if you are a minor, you are at least thirteen (13) years of age and have your parents’ or guardians’ consent to use the website, app and the Viggle service, (c) you own or have sufficient authorization to use the computer, device, technology or other device you use to access the website, app or services, and (d) you will access and use the services in accordance with this agreement.
Certain services or features may be governed by additional terms presented in conjunction with those products or services. For example, if we offer a sweepstakes, there may be additional rules governing the sweepstakes. By accessing or using any of those services or features, you agree that you will be bound by the additional terms relating to those services or features.
QUICK CONTENT GUIDE
- Privacy and Protection of Personal Information
- Viggle Rewards Program
- Accessing the Service
- Accounts, Cancellation
- Disclaimer of Warranties
- Limitations on Liability
- Modification/Termination of the Services
- External Sites
- Software And Downloads Available Through the Services
- User Code of Conduct
- Interactive Services and User Materials
- Referral Programs
- Voting/Rating Features
- Limited to Personal/Non-Commercial Use
- Third-Party Merchants
- Advertisements, Sponsorships, Co-Promotions and Other Partnerships
- International Use/U.S. Export Controls
- Copyright and Trademark Notice
- Changes to this Agreement
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
VIGGLE REWARDS PROGRAM
If you have registered for a Viggle account and are a member of the Viggle Rewards Program, your participation in the Viggle Rewards Program is subject to the Viggle Rewards Program Terms. Please take a moment to review these terms. Neither Apple Inc. nor any of its affiliates is the sponsor of this program nor are they in any way involved in the giving of any rewards associated with this program.
ACCESSING THE SERVICE
In order access our website, app or service, you need a compatible device. You also need a mobile communications subscription with a participating carrier, have access to a mobile communications network or have access to the Internet. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your device). You must provide all equipment, software and access necessary to connect to our service. Our service is not available on all operating systems. You should note that depending on your device, your device might not be able to access our service while you are using other features of your device, such as speaking on your device’s telephone. We may also choose to cap the number of users to our service. For example, we may do a beta test of the service that is only accessible to a certain number of individuals. You may only access our service on one device at a time.
In order to ensure the availability of our service for all of our users, by accessing our service, you agree that your device and/or software does not disturb or interfere with our service, including our mobile app or our website. If we suspect that any equipment or software is causing interference with our service, we reserve the right to immediately disconnect that equipment or software from our service, and we reserve the right to immediately suspend or terminate your further use of our service. If any upgrade to the service requires changes in your equipment or software, and you wish to continue using our service, it will be your responsibility to make these changes at your own expense. Any additional features that augment or enhance our service will be subject to these terms and conditions. You agree to comply with all applicable laws in your use of our service.
In order to register for a Viggle account, you will need to complete the registration process by providing us with complete and accurate information as we request in the registration process. You are responsible for keeping your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, we may ask you to choose a user name and password, and you are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, and that we are not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account and/or suspend our service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach these terms in any way or for any other reason we determine in our sole discretion. We may also suspend or terminate your access to our service. In addition, you have no rights in your user name, you may not transfer or sell your user name, and we reserve the right to change your user name at any time.
You may cancel your account at any time by notifying Customer Service at
DISCLAIMER OF WARRANTIES
YOUR USE OF OUR WEBSITE, OUR APP OR OUR SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR WEBSITE, APP OR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. VIGGLE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING OUR SITE, OUR APP OR THEIR CONTENTS (THE “VIGGLE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VIGGLE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
We do not warrant or make any representations that our website, app or service will be error-free or uninterrupted, that defects will be corrected, or that our service will be free of viruses or other harmful components. The Viggle Parties are not responsible for any failure to access or use our service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our service.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, Viggle’s liability will be limited to the fullest extent permitted by law.
LIMITATIONS ON LIABILITY
In no event will the Viggle Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of our service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in our service or any materials or content obtained through our service; (vi) any transactions entered into through our service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our service, including any site to which the service provides hyperlinks; or (viii) damages otherwise arising out of your use of our service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any Viggle Party has been advised of the possibility of damages.
You agree to indemnify and hold harmless the Viggle Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms or otherwise arising in any way out of your use of our website, app or service. You agree to cooperate fully with the Viggle Parties in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
MODIFICATION/TERMINATION OF THE SERVICES
We reserve the right, in our sole discretion, to modify, suspend, or terminate our service, including the Viggle Rewards Program, at any time for any reason with or without notice.
If your account is cancelled or terminated, you will no longer be authorized to use our service, but you will still be bound by these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Viggle shall not be liable to you or any third party for any modification, suspension or termination of our service or your access to our service.
Except where otherwise provided, our service is currently available without charge. We reserve the right to charge a fee for access to or use of our service in the future. We will notify you before we do so. Your access to or use of our service before such time does not entitle you to access or use our service without charge in the future.
SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Any software that is made available in connection with our service, including applications (such as the Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Viggle and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. We have no liability with respect to any Software owned or controlled by third parties.
USER CODE OF CONDUCT
In accessing and using our service, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as spam), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful postings to or through our service, or any postings which advocate unlawful activity.
- Deliver any content that is, in Viggle’s sole discretion, inappropriate for the Viggle service you are using (such as, for example, making inappropriate or irrelevant comments in a chat room)
Deliver, or provide links to, any postings containing material that
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
- is defamatory, false or libelous
- infringes or violates any intellectual property or other right of any entity or person.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use our service in any manner which could damage, overburden or interfere with the use of our service or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to our service, any related website, or other accounts, computer systems, or networks connected to our service, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through our service, including by collecting information about others such as email addresses.
- Use any robot, spider, bot, site/search retrieval mechanism or other automated device or process to check-in to shows, perform engagement opportunities or otherwise automatically accumulate points.
INTERACTIVE SERVICES AND USER MATERIALS
Our service may offer certain features having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, Interactive Services). The Interactive Services may be covered by additional terms and conditions, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Viggle’s sole discretion.
We do not control and are not responsible for any information or other materials delivered through our service by you or other users (collectively, User Materials). We are not obligated to and do not regularly review, prescreen, monitor, delete, or edit User Materials. However, we reserve the right to do so at any time in our sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. We are not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when we are advised of the possibility of such damages.
You are solely liable for all User Materials delivered to our service using your account. Any violation of these provisions may subject your account to termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials on our website, our app or on our service will not violate the rights of any third party.
The information and opinions expressed in User Materials are not necessarily those of Viggle or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaim any liability for User Materials. We do not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. We have no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that our website, app and service are public, and in addition to the license granted to Viggle, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate these Terms, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled Copyright Infringement.
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Viggle, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
We may have features that allow you to spread the message about our service, including referral programs that permit you to submit information to us about other persons (each, a Referred Person). You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from us on your behalf and for obtaining their prior consent to any such communication.
We reserve the right to limit the number of Referred Persons you can submit. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, our service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about our service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person for any reason.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing our service to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to our Viggle Rewards Program Terms. We may suspend or terminate any and all referral programs in our sole discretion.
If we provide any voting/rating features through our service, we may have instructions and limitations for submitting your votes/ratings. It is important that you follow those instructions. We reserve the right to disqualify any votes/ratings we receive from you in excess of any stated limitation. Also, in order to uphold the integrity of the vote/ratings, payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We are not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.
LIMITED TO PERSONAL AND NON-COMMERCIAL USE
Our service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our services without our prior written consent.
Our service may enable you to order and receive products, rewards, information or services from third-party merchants that are not affiliated with or controlled by Function(x). All matters concerning such products, information and services are solely between you and such merchants. We do not endorse, warrant, or guarantee such products, information, or services, and we are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to and are not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.
INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials through our service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our service are appropriate or available for use in locations outside the United States. If you choose to access our service from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from our service. No software or any other materials associated with our service may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
If any provision of these Terms is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms rerpesent the entire agreement between you and Viggle with respect to the use of our service and shall not be modified except in writing, signed by an authorized representative of Viggle. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning these Terms or our service, please contact Customer Service at firstname.lastname@example.org.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
Our service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Viggle logos, titles, characters, names, and button icons (collectively Intellectual Property), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Viggle or by other parties that have provided rights thereto to Viggle.
You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our service, in whole or in part, without our express written permission.
Any trademarks, service marks, product names and company names or logos appearing in any part of our service that are owned by Viggle, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our service, nor may any entity include a hyperlink to any aspect of our service in an email for commercial purposes, without our express written permission.
We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials to our service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the Notification), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
902 Broadway, 11th Floor
New York, NY 10010
By Facsimile: 212-750-3034
By Email: email@example.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- )A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
CHANGES TO THIS AGREEMENT
We reserve the right, in its sole discretion, to change these Terms or any additional terms at any time. We will endeavor to provide notice of any material change to these Terms on our website or through our app. However, whether or not we provide such notice, your continued use of our service constitutes your agreement to be bound by any changes to these Terms. Please review these Terms periodically for changes.
Last Updated: July 6, 2012
QUICK CONTENT GUIDE
- INFORMATION WE COLLECT.
- HOW WE USE THE INFORMATION WE COLLECT.
- SHARING OF INFORMATION.
- INFORMATION WE RECEIVE FROM THIRD PARTIES.
- YOUR CHOICE AND ACCESS.
- ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.
- REFERRAL PROGRAMS.
- SECURITY OF YOUR INFORMATION.
- EXTERNAL SITES.
- CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.
- CONTACT US.
INFORMATION WE COLLECT.
Information You Provide To Us
When creating a Viggle account, or connecting your already existing Viggle account with your Facebook account, we will also receive and store the certain information from Facebook, Inc. (“Facebook”), such as your name, user name, password, profile picture, unique Facebook identifier and access token, gender, birthday and email address. If you connect your Viggle account to Facebook, we will make available and/or share your Facebook user name and your Facebook profile picture to other Viggle users. Further, Viggle users may be able to use the Viggle service to search for or view your Viggle profile and the information contained therein, such as lists of favorite shows or shows checked into. In addition, your profile picture, name or username may be displayed to other Viggle users on various show pages. For example, another Viggle user that visits a particular show page may see the profile pictures of other Viggle users who are checked into that show. Please familiarize yourself with and use the settings in your profile, as they provide you with some options to adjust the information in your Viggle profile that may be viewed and your activities that may be shared.
Information We Collect Automatically
Whenever you interact with the Viggle service, we and third-party advertisers and/or service providers may use a variety of technologies that automatically or passively collect information about how you access and use the Viggle service (“Usage Information”). Usage Information may include, in part, your browser or device type, your operating system, the page served, the time, the preceding page views, and your use of features or applications on the Viggle service, such as TV show viewing history, interaction with friends and group activities, Viggle Rewards history and your location (if you consent to enabling of location based services). This statistical data provides us with information about the use of the Viggle services, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the Viggle service fresh and interesting to our visitors and tailor content to a visitor’s interests.
Technologies used on the Viggle service to collect Usage Information may include, but are not limited to:
Cookies. Cookies are data files placed on a device when it is used to access the Viggle service. Either we or our third-party advertisers or service providers may place cookies or similar files on your device for security purposes, to facilitate site navigation and to personalize your experience while visiting the Viggle service. Cookies allow us to collect technical and navigational information, such as your browser type, time you spend on the Viggle service and the pages you visit. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Viggle service. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features of the Viggle service may not work properly because we may not be able to recognize and associate you with your Viggle account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Pixel tags. A pixel tag is a transparent graphic image, sometimes called a clear GIF, web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server.
We also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device you use to access the Viggle service. A Device Identifier is a number that is automatically assigned to your device when you access a web site or its servers, and our computers identify your device (including its location) by its Device Identifier.
Our audio verification technology is based on a manual check-in process. Audio verification is only activated when you manually tap the app to check-in to a television program and not at any other time. We identify the television program based on the audio signal, using our audio verification technology. Our technology converts the audio from the TV program into a sequence of numbers that our servers use to match the television program. No actual audio is recorded or transmitted from the app to our servers, and our audio verification technology does not allow us to recreate any audio from the sequence of numbers transmitted to our servers.
HOW WE USE THE INFORMATION WE COLLECT.
We use the information we collect about and from you for a variety of business purposes, including, for example, to deliver rewards, respond to your questions and requests; provide you with access to certain areas and features of the Viggle service; communicate with you about your account and activities using the Viggle service and changes to any of our policies; tailor content, advertisements, rewards and offers we serve you; improve the Viggle service; to process applications and transactions, and for our internal business purposes. In addition, we may your Personal Information for other purposes for which you otherwise provide your consent. We may also post on social networking or third party sites that you are viewing a particular television show, using the Viggle service, or post your comments or other submissions about a show or use of the Viggle service on such websites or on other media channels.
If you provide us with any financial-related information to obtain products or services from third-party merchants through the Viggle service, we will use the financial information you provide to bill you for those products and services. By submitting to us your credit card and related personal information, you are authorizing us to use that information, including by sharing it with the merchant and the credit card company, in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval.
SHARING OF INFORMATION.
Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the Viggle service, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our affiliates). These may include, for example, companies or individuals that host or operate the Viggle service, analyze data or provide customer service; advertisers; merchants, sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with the Viggle Rewards Program); and partners in co-branded sites or sites that state that they are “powered by” either us or third party partners. We may also use your Personal Information or share it with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.
INFORMATION WE RECEIVE FROM THIRD PARTIES.
YOUR CHOICE AND ACCESS.
You may always request that we not share your Personal Information with third parties. In addition you may request that we not send you information or offers, or that we not send you push notifications, emails, newsletters, or other communications. To make any such request: (1) modify your account settings; (2) send us an email at firstname.lastname@example.org; or (3) follow the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
To modify, verify or delete any of your Personal Information that we have collected, you may edit your account user information or contact us at the above email address. In addition, you can control how your profile is publicly displayed by changing your privacy settings.
In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted to us. We are under no obligation to store your Personal Information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of your Personal Information. Please note that it is not always possible to completely remove or delete all of your information from our databases without retaining some residual data because of backups and other reasons. Finally, please be aware that we do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page at http://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to opt out through the NAI Opt-Out Page, you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
We may allow you to refer friends to the Viggle service via email and social networking platforms. If you refer a friend by email, we will collect the name and email addresses of proposed recipients to send the email on your behalf. We may also use your name and email address in order to identify you as the initiator of the email. Please inform your friends that we may send them emails on your behalf.
SECURITY OF YOUR INFORMATION.
We take information security seriously, and we use reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. Please note, however, that we cannot ensure the security of any information you transmit to us or that we store. You use the Viggle service and provide us with your information at your own risk.
Because protecting the privacy of young children is especially important, the Viggle service is not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If you are under 13 years of age, please do not use or access the Viggle service at any time in any manner. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
The Viggle service may contain links to external third-party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these third-party sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our services (including those linked to through an email or social networking page).
CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.
We operate the Viggle service in the United States. Our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Viggle service, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.
Last Updated: July 6, 2012