RSS Terms of Service
BY DOWNLOADING A RSS FEED FROM CRACKLE ("RSS SERVICE") YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS AND CONDITIONS ("RSS TERMS") AND THE CRACKLE WEB SITE TERMS OF SERVICE ("WEB SITE TERMS"). IF YOU DO NOT AGREE TO THE RSS TERMS AND WEB SITE TERMS, DO NOT DOWNLOAD THE RSS SERVICE.
1. LICENSE GRANTED TO YOU
Subject to these RSS Terms and the Web Site Terms, unless otherwise agreed to in writing by Crackle, Crackle hereby grants to you a revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive, license to display on your Web site ("Site") the video, audio, images, technology, applications, artwork, copy, information, trademarks, data and other content solely as made available to you as part of the RSS Service (collectively “Content”).
2. RESERVATION OF RIGHTS
Any and all rights to use any Content not expressly granted to you under these RSS Terms are hereby reserved for Crackle.
3. RESTRICTIONS ON USE
Crackle may restrict, suspend or terminate your access to part or all of the RSS Service at any time without liability. Crackle reserves the right to modify the RSS Service at any time within Crackle's sole discretion.
Except as expressly set forth herein, or unless otherwise consented to in writing by Crackle, you may not, directly or indirectly:
(a) sell, resell, lease, license, assign, redistribute or otherwise transfer any portion of the RSS Service, including, without limitation, the Content;
(b) remove, conceal or modify any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the RSS Service;
(c) make any representation or warranty on behalf of Crackle;
(d) use the RSS Service on any Web site, or in connection with any content, that is obscene, defamatory, libelous, invasive of personal privacy or otherwise illegal or in violation of any third party's rights;
(e) archive or display any of the RSS Service after you or Crackle terminates these RSS Terms; or
(f) display the RSS Service in such a manner that does not allow for successful linking and redirection to, and delivery of, the Content as intended by the RSS Service.
4. CONDITIONS ON USE
Unless otherwise consented to in writing by Crackle, you agree to:
(a) provide Crackle with complete and accurate registration information when requested to do so; and
(b) comply with all applicable laws and all limitations and restrictions (if any) placed by Crackle on the use, display or distribution of any RSS Service.
5. RSS SERVICE DISCLAIMERS
Crackle makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of the RSS Service or any Content; nor does Crackle make any representations or warranties, express or implied (including warranties of merchantability, fitness for a particular purpose, title and non-infringement) and Crackle will not be liable for any lack of the foregoing.
6. NO LICENSE
Nothing herein shall be interpreted to mean, and Crackle does not grant you, any right or license in any Crackle trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with Crackle or its affiliates, in any manner whatsoever, except and only to the extent that any of the foregoing are included in the RSS Service.
7. CRACKLE WEB SITE TERMS APPLY
All of the terms and conditions in the Web Site Terms including, without limitation, terms and conditions respecting TERMINATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, EXCLUSION OF LIMITATIONS, INDEMNIFICATION, ABILITY TO ACCEPT TERMS, CHANGE OF CONTROL, ARBITRATION AND MISCELLANEOUS, are hereby incorporated and made a part of these RSS Terms by this reference. Please read the Web Site Terms carefully.
8. MODIFICATION OF THESE RSS TERMS
Crackle may, in its sole and absolute discretion, change these RSS Terms from time to time. Crackle will post a copy of the RSS Terms as changed on the Crackle Network. Your continued use of the RSS Service constitutes your agreement to abide by the RSS Terms as changed. If you object to any such changes, your sole recourse shall be to cease using the RSS Service.
The effective date of these RSS Terms is July 15, 2007