The Walking Dead Dead Yourself Apps
Terms & Conditions as of February 22, 2013
The Dead Yourself Apps, developed by The K. Miller Company LLC (“KMCO”) and licensed by AMC Network Entertainment LLC in the United States and Canada and by Fox International Channels (US), Inc. in all other countries, is a fun and social way to create and share photos that have been turned into zombies. The Dead Yourself app has been created for entertainment purposes only. By installing or using the Dead Yourself App for iOS, and.or by installing or using the Dead Yourself App for Android, and/or accessing the Dead Yourself App on Facebook at http://www.deadyourself.com
, you agree to be bound by the following rules and guidelines (“Terms & Conditions”) and any updates to the Terms & Conditions, designed to maintain a safe and entertaining experience for all participants of the Dead Yourself apps. These Terms & Conditions may be updated from time to time, which shall be reflected in the “Updated As Of” date above.
Posting Guidelines and Conditions:
1. You must be 13 years or older to use the Dead Yourself Apps.
2. Your photos may only feature you and other individuals from whom you have obtained permission.
3. If you are submitting a photo that features a minor, you must be the parent or legal guardian of the minor in the photograph.
4. Your photo may only include content (such as photography, artwork, text, etc.) that belongs to you, that you are using with the permission of the owner, or that you otherwise have a legal right to use.
5. Your photo should not include any obscene, profane, hateful, defamatory or otherwise inappropriate content.
6. You may not post nude, partially nude, or sexually suggestive photos.
7. If you submit your photo to a third-party site via the application (e.g., Facebook), the photo must adhere to all terms, rules, policies, and procedures of such third party website.
8. You must not, in the use of the Dead Yourself Apps, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
9. When commenting on other peoples' photos, be kind and respectful. Do not post any comments that attack, harass or are harmful towards others.
10. Do not use Dead Yourself Apps for any purpose that is unlawful or prohibited, or to solicit the performance of any illegal activity or other activity which infringes on the rights of KMCO or its licensees AMC Network Entertainment LLC and Fox International Channels (US), Inc.
11. We reserve the right to modify or terminate the Dead Yourself Apps service at any time, for any reason, without notice.
13. The Dead Yourself Apps may occasionally experience service interruptions for maintenance, repairs or upgrades. Neither KMCO nor its licensees will be liable to you for any modification, suspension, or discontinuation of The Dead Yourself Apps or services, or the loss of any Content.
14. The Dead Yourself Apps may occasionally fail to upload Content to third party sites such as Facebook and Twitter, due to failure of telecommunications systems that are outside of our control.
15. We are not liable for any loss of your content, due to any removal, deletion, modification, or service failure. You should maintain your own backup of any content or picture that you wish to keep.
16. We reserve the right, our sole discretion, to change, modify, add, or remove portions of the Terms & Conditions of Dead Yourself Apps at any time without notice. Your continued use of the Dead Yourself Apps will signify your acceptance of the changes to the Terms & Conditions.
17. By displaying or publishing ("posting") any photos, text, files, images or other content (“Content”) on public gallery of the Dead Yourself Apps on Facebook (the “Public Gallery”) and/or by submitting any Content via the “Submit to Talking Dead” option , you hereby grant to KMCO and its licensees (including without limitation Vandam Productions, LLC, AMC Network Entertainment, LLC and Fox International Channels (US), Inc.) a non-exclusive, fully paid and royalty-free, worldwide, perpetual, irrevocable, limited license (but not any obligation) to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content in any and all media now known or hereafter devised, including without limitation in and in connection with the program “Talking Dead”, AMC Networks, any advertisers or sponsors of the foregoing, promotions and advertisements in and in connection with the foregoing, advertisements to promote the Dead Yourself Apps, and on the Facebook pages and websites owned, operated, or provided by AMC Network Entertainment LLC and Fox International Channels (US), Inc. Such use of the Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Content not shared publicly by you and/or not posted to the Public Gallery and/or submitted by the “Submit to Talking Dead” option, will not be distributed outside the Dead Yourself Apps and services.
18. You represent and warrant to KMCO that you have the full legal right, power and authority to grant the license provided for herein and in the End User License Agreement for Dead Yourself Apps, and that you either are the sole and exclusive owner of all Content that you make available through Dead Yourself Apps or you have all rights, licenses, consents and releases that are necessary to grant to KMCO and its licensees the rights in such Content, as contemplated under this Agreement. You also represent and warrant to KMCO and its licensees AMC Network Entertainment LLC and Fox International Channels (US), Inc. that you will not contribute any Content that: (a) infringes, violates or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to reveal it; (c) infringes on the privacy or publicity rights of another; or (d) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
19. The Dead Yourself Apps contain content of KMCO and its licensees AMC Network Entertainment LLC and Fox International Channels (US), Inc. ("Content"), which is protected by copyright, trademark, trade secret and other laws. KMCO owns and retains all rights in the KMCO Content and Dead Yourself Apps software and services. The KMCO and its licensees AMC Network Entertainment LLC and Fox International Channels (US), Inc. hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing and using the Dead Yourself Apps and services.
20. You hereby agree that the KMCO and its licensees AMC Network Entertainment LLC and Fox International Channels (US), Inc. may place advertising and promotions on the Dead Yourself Apps which may appear in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you
21. You agree not to use the Dead Yourself Apps to:
a. Post, upload or otherwise transmit or link to content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
b. Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
c. Harass or harm another person;
d. Exploit or endanger a minor;
e. Impersonate or attempt to impersonate any person or entity;
f. Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
g. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Dead Yourself Apps, including KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc.’s servers, networks or accounts;
h. Cover, remove, disable, block or obscure advertisements , if any, or other portions of the Dead Yourself Apps;
i. Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Dead Yourself Apps, or to circumvent or modify any security technology or software that is part of the KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc.’s services;
j. Solicit, collect or request any personal information for commercial or unlawful purposes;
k. Post, upload or otherwise transmit an image of another person without that person’s consent;
l. Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc.’s prior written consent;
m. Use the Dead Yourself Apps in a manner inconsistent with any and all Applicable Law;
n. Attempt, facilitate or encourage others to do any of the limitations included herein.
22. Disclaimers: The Dead Yourself Apps is provided "AS-IS" and “as available” and KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc. do not guarantee or promise any specific results from use of the Dead Yourself Apps. KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc. expressly disclaims any warranties and conditions 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. In particular, KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc. makes no warranty that your use of the Dead Yourself Apps will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Dead Yourself Apps will be accurate or reliable. Under no circumstances will KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc. be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Dead Yourself Apps, problems or technical malfunction in connection with use of the Dead Yourself Apps, any material downloaded or otherwise obtained in connection with the Dead Yourself Apps, any Content, third party advertisement posted on, through or in connection with the Dead Yourself Apps, or the conduct of any users of the Dead Yourself Apps, whether online or offline. Your use of the Dead Yourself Apps and the Content is solely your responsibility and at your own risk.
23. Limitation on Liability: IN NO EVENT WILL KMCO, AMC NETWORK ENTERTAINMENT LLC, AND FOX INTERNATIONAL CHANNELS (US), INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE DEAD YOURSELF APPS, EVEN IF KMCO, AMC NETWORK ENTERTAINMENT LLC, AND FOX INTERNATIONAL CHANNELS (US), INC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24. Disputes. The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the Dead Yourself Apps. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
25. Indemnity. You agree to indemnify and hold KMCO, AMC Network Entertainment LLC, and Fox International Channels (US), Inc., its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of Dead Yourself Apps, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Dead Yourself Apps.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT USE, INSTALL OR OTHERWISE ACCESS THE DEAD YOURSELF APPS. FURTHER, IF WE DETERMINE THAT YOU ARE IN VIOLATION OF ANY OF THESE GUIDELINES, WE RESERVE THE RIGHT TO REMOVE YOUR CONTENT FROM THE DEAD YOURSELF APPS WITHOUT WARNING.