|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/.
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.
This Agreement is effective upon acceptance.
Description of Service
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:
2015 – South 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.
While using the Site, you will not:
Your Registration Obligations
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.
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.)
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.
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:
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.
Disclaimer Of Warranties
Limitation Of Liability
Exclusions And Limitations
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, 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.
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.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:
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.
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.