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User Agreement

 

ReacTV.com USER AGREEMENT

NOTE:  The following describes the terms on which ReacTV, a division of Maggio Media, LLC, offers you access to our ReacTV.com and hosted reactive game services. For the purposes of this User Agreement, “ReacTV” in the absence of “.com” shall refer to Maggio Media, LLC and subsidiaries, or, where applicable, to games and TV programs branded with the ReacTV® name and registered trademark.  Certain of the concepts disclosed on this page, and materials linked and/or otherwise related to this page are protected by U.S. Patent No. 6,606,745.  Any unauthorized use of the disclosed concepts may reasonably be considered to infringe claims of the identified patent.  Any inquiries regarding authorized use of the disclosed concepts may be directed to Maggio Media, LLC, 10360 72nd St. N. Suite #814, Largo, FL 33777, or via online contact request at http://MaggioMedia.com/contact/.

Introduction

Welcome to ReacTV.com. By using the services available from the domain and sub-domains of www.ReacTV.com (the “Site”) you are agreeing to and accepting the following terms, including those available by hyperlink (the “Agreement” or “User Agreement”) with Maggio Media, LLC and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site.

Before you may become a member of ReacTV.com and play the ReacTV Games including ReacTV branded game shows, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, ReacTV and co-sponsored Reactive Games’ Official Rules, and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other ReacTV branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.

This Agreement is effective upon acceptance.

Description of Service
ReacTV provides users and registered and validated Members with access to ReacTV Games (including ReacTV.com game shows) and a rich collection of existing and planned resources, including various communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Site”). You also understand and agree that the Site may include advertisements and that these advertisements are necessary for ReacTV to provide the Site. You also understand and agree that the Site may include certain communications from ReacTV, such as service announcements and administrative messages, and that these communications are considered part of ReacTV membership and you will not be able to opt out of receiving them as long as you are a registered player.

TV Program Qualifications:  ReacTV is actively engaged in the development, distribution and broadcast of TV and web-supported reality TV game shows and docu-follow programs (“TV Programs”), including ReacTV and Instant Millionaire.  To pre-qualify and ultimately appear on any TV Programs, you must either fully register as a “Reactor” Member via ReacTV.com, or pre-register for membership via an Official ReacTV Event (following which you will fully register as instructed by online and email instructions that will be delivered to your official email address, generally within 30 days following your pre-registration.) You must also participate and submit a valid entry (“react”) in at least one official sanctioned ReacTV online event (“Official ReacTV Game”) each calendar year. The final criteria for appearance by Reactor Members on ReacTV TV Programs will be disclosed prior to the formal audition and TV Program creation process; please see ReacTV.com and Member email correspondences for updates to these criteria.

OFFICIAL ReacTV EVENTS AND GAMES INCLUDE:

2015South Florida Ford Dealer Pavilion, South Florida Fair, W. Palm Beach, FL (Jan. 16, 2015 – Feb. 1, 2015) 

Unless explicitly stated otherwise, any new features that augments or enhances the current Site, including the release of new ReacTV properties, shall be subject to the Agreement. You understand and agree that the Site is provided “AS-IS” and that ReacTV assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site. Joining ReacTV.com and using the Site to play ReacTV Games and access content provided through the Site is free.

Using ReacTV.com

While using the Site, you will not:

  • post content or items in an inappropriate category or areas on the Site;
  • violate any laws, third party rights, or our policies;
  • use the Site if you are less than 14 years of age; not able to form legally binding contracts, or are under the age of 18 and have not obtained prior approval from your parent or legal guardian; or are temporarily or indefinitely suspended from our Site;
  • circumvent or manipulate our software and websites, or utilize software or methods that would provide a user with an unfair advantage, or attempt to tamper with or undermine the integrity or fairness of games distributed on the site;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • transfer your ReacTV.com account (including feedback) and User ID or Screen Name to another party without our consent;
  • distribute viruses or any other technologies that may harm ReacTV.com, or the interests or property of ReacTV.com users;
  • copy, modify, or distribute content from the Site and ReacTV’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a ReacTV official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • “stalk” or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

Your Registration Obligations
In consideration of your use of the Site, you represent that you are a U.S. citizen residing the U.S., of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  If you are NOT 18 years of age, but are at least 14 years of age and have obtained parental or guardian approval prior to use of this site, you are eligible to register and play reactive games, but are NOT eligible to accept offers or win prizes.  If you are between 16 and 18 years of age, you are eligible to register and play reactive games, and are eligible to win prizes, with prior signed parental or legal guardian approval (and a full release of liability). You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ReacTV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ReacTV has the right to suspend or terminate your account and refuse any and all current or future offer or prize fulfillment, and use of the Site (or any portion thereof). Notwithstanding any other terms set forth in this Agreement, no one under the age of 14 years may play or access the ReacTV Games and/or use and/or register the Site, no one under 16 years of age is eligible to win prizes, and no one under 18 years of age is eligible to win prizes without parental or guardian consent.

Abusing ReacTV.com

ReacTV.com and the community of users work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts, and revoke prize awards from those who are found in violation of the letter or spirit of our policies.

You acknowledge, consent and agree that ReacTV may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of ReacTV, its users and the public.

You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ReacTV and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold ReacTV and Maggio Media, LLC, including but not limited to its subsidiaries, affiliates, shareholders or officers, responsible for other users’ actions or inactions, including things they post.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Access and Interference

The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to ReacTV by our users or third parties.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of ReacTV and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ReacTV or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, ReacTV Games or the Software, in whole or in part.

ReacTV grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by ReacTV for use in accessing the Site.

Modifications
ReacTV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ReacTV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the ReacTV Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the ReacTV Privacy Policy on this site. If you object to your information being transferred or used in this way please do not use our services.

Trademark Information
ReacTV trademarks and service marks and other ReacTVlogos and product and service names are trademarks or registered trademarks of Maggio Media, LLC or  Media IP Holdings, LLC (the “ReacTV Marks”). Without ReacTV’s prior permission, you agree not to display or use in any manner the ReacTV Marks.

Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REACTV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. REACTV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACTV OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REACTV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REACTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS AGREEMENT MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold ReacTV (including Maggio Media, LLC, Media IP Holdings, LLC, and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on ReacTV’s national registered agent (in the case of Maggio Media, LLC) or to the email address you provide to ReacTV during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and ReacTV, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ReacTV agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us at 10360 72nd St. N. Suite #814, Largo, FL 33777. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ReacTV must be resolved by a court located in Pinellas County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Pinellas County, Florida for the purpose of litigating all such claims or disputes.
  • Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Improperly Filed Claims – All claims you bring against ReacTV must be resolved in accordance with this Resolution of Disputes Section. All claimsfiled or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, ReacTV may recover attorneys’ fees and costs up to $5,000.00, provided that ReacTV has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:

  • ReacTV Reactive Game Rules (as added, amended, and issued for individual games)
  • Privacy Policy

Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

ReacTV is located at 10360 72nd St. N. Suite #814, Largo, FL 33777. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective no later than 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site’s message center tools or “News” sections posted on the Home Page or mobile app. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Disclaimer of Warranty, Limitation of Liability, Trademark Information, Release, Content License, Liability, Indemnity and Resolution of Disputes.

 

Last Updated January 14, 2015.