Terms of Service

LAST REVISED:  December 10, 2008

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THIS TERMS OF SERVICE AGREEMENT. This Terms of Service Agreement (the "Agreement") is between you ("you") and The Paley Center for Media (the "Paley Center," "we," "us"), formerly known as The Museum of Television and Radio, and governs your use of the online site currently located at http://www.paleycenter.org/ (together with any successor site(s) and the Services (as defined below), the "Site"). The Site is made available by the Paley Center subject to the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE.

The Paley Center provides users of the Site with access to specialized content and services relating to the history of, and interpretations and perspectives on, media, including without limitation (a) services such as e-commerce, memberships, contests, newsletters, forums, polls and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, and other similar content (such content and services, collectively, the "Services"). All content and services provided through the Site that were not made available as of the "LAST REVISED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site. When using any Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, and in our sole discretion, to:

  • - change the terms of this Agreement, which changes we may provide to you by any reasonable means, including by posting the revised draft of this Agreement on the Site;
    - change the Services, including by eliminating or modifying any content or services on or feature of the Site;
    - modify or waive any fees or charges for use of the Services; and/or offer opportunities to some or all users of the Site.

You can determine when this Agreement was last revised by referring to the "LAST REVISED" legend at the top of this Agreement. You agree that the Paley Center shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site or any Services after such notice will indicate your acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version.

(1) CODE OF CONDUCT. When using the Site and/or the Services, you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site and Services is conditioned on your compliance with the rules of conduct set forth in this section; your failure to so comply may also result in the termination of your access to the Site and/or the Services pursuant to Section 12 below.

You agree not to:

A. Post, transmit, or otherwise make available, through or in connection with the Site or the Services, anything that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by patent, copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such right.

B. Reproduce, duplicate, copy, transmit, or sell, resell or otherwise exploit for any commercial purposes (i) any portion of, use of or access to the Site and/or the Services including without limitation, any program clips made available on the Site.

C. Use the Site and/or Services for any fraudulent or unlawful purpose; or post, transmit, or otherwise make available through or in connection with the Site and/or the Services any material that (i) would give rise to criminal or civil liability, (ii) encourages conduct that constitutes a criminal offense; or (iii) encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

D. Post, transmit or otherwise make available, through or in connection with the Site and/or the Services, any material that would violate another person's privacy or other rights, including any message containing personal phone numbers or addresses (including your own).

E. Post, transmit, or otherwise make available, through or in connection with the Site and/or the Services, any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," or investment opportunity, or any other form of solicitation."

F. Post, transmit, or otherwise make available, through or in connection with the Site and/or the Services, any material, non-public information about a company without the proper authorization to do so.

G. Harvest or collect personally identifiable information about users of the Site and/or the Services; or defame, abuse, "stalk," threaten, harass, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity.

H. Impersonate any person or entity, including, but not limited to, any Paley Center representative; falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through or in connection with the Site and/or Services; or express or imply that we endorse any statement you make without our prior written consent.

I. Post, transmit, or otherwise make available through or in connection with the Site and/or the Services any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.

J. Interfere with or disrupt the Site and/or the Services, or the servers or networks that provide the Site and Services; or violate any requirements, procedures, policies, or regulations of such networks.

K. Restrict or inhibit any other user from using the Site and/or the Services, including without limitation by means of hacking or defacing any portion of the Site and/or Services.

L. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, and/or Services.

M. Remove any copyright, trademark or other proprietary rights notice contained on the Site and/or Services.

N. Frame or mirror any part of the Site and/ the Services without the Paley Center's prior written authorization.

O. Create a database by systematically downloading and storing all or any of the content on the Site and/or the Services.

P. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by the Paley Center in writing.

Q. Use the Site and/or the Services to advertise or offer to sell or buy any goods or services without the Paley Center's express prior written consent.

Additionally, you acknowledge and agree that you (and not the Paley Center) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site and the Services, and applying all charges related thereto.

(2) INFORMATION SUBMITTED THROUGH THE SITE. Your submission of information through the Site is governed by the Paley Center's Privacy Policy, which is located at http://www.paleycenter.org/privacy-policy/ (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide through or in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site and/or the Services.

(3) PROFILES AND FORUMS. You may post certain information, content, and/or materials on your "profile page" (your "Profile"). Further, we and/or our service providers may make available through the Site services (for example, message boards, forums, blogs, chat functionality, messaging functionality, and comment functionality on the Site, among other services) to which you are able to post information, content, and materials (each, a "Forum"). You and other users of the Site may submit information, content, and/or materials through a Profile or a Forum or otherwise through the Site (each, a "Submission").

Information, content, and/or materials (including Submissions) contained in the Profiles and Forums may be provided by employees of the Paley Center as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading, or deceptive. The Paley Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and sponsors neither endorse nor are responsible for any opinion, advice, information, or statements posted by third parties in the Profiles, Forums, or otherwise through the Site. Without limitation, the Paley Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and sponsors are not responsible for any Submissions made available through the Profiles, Forums, or otherwise through the Site (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in Submissions) or results obtained (or not obtained) by using any such Submissions. Under no circumstances will the Paley Center or its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, or sponsors be liable for any loss or damage caused by your reliance on such Submissions. The opinions expressed in the Profiles, Forums and Submissions reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of the Paley Center.

In addition, the Paley Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and sponsors have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information (including Submissions) voluntarily made public through a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO POST A SUBMISSION OR TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

(4) LICENSE. For purposes of clarity, you will retain ownership of any Submissions you submit. You hereby grant to the Paley Center and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, create derivative works of, transmit, display, perform, and otherwise exploit such Submission, in any media now known or hereafter developed, for the Paley Center and/or its designees' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules, and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

5) MONITORING. You acknowledge and agree that we have the right (but have no obligation) to (a) evaluate each Submission before allowing it to be posted on the Site; and (b) do one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in connection with our operation of the Site; to protect the Paley Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers, sponsors, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

(6) PURCHASES. If you wish to (a) purchase any product or service made available by us through the Site (e.g., a membership) and/or (b) make a donation to the Paley Center through the Site (each such purchase or donation, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant the Paley Center the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions and images of, and references to, products or services on the Site do not imply the Paley Center's endorsement of such products or services. The Paley Center reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to the Paley Center's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

(7) OWNERSHIP AND RESTRICTIONS. The Site, Services, information, and materials made available through the Site, and all software used to make the Site available, are and shall remain the property of the Paley Center and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Paley Center to access and use the Site, you may download and view one (1) copy of any content on the Site to which we provide you access hereunder, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by the Paley Center, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) on, any Services, all or any part of the Site, or any materials made available through the Site and/or the Services.

THE INFORMATION IN THE PALEY CENTER'S CATALOGUE MAY NOT BE REDISTRIBUTED OR USED IN ANY MANNER WITHOUT OUR PRIOR WRITTEN PERMISSION. YOUR FAILURE TO ABIDE BY THE RESTRICTIONS IN THIS SECTION MAY RESULT IN DENIAL OF YOUR FURTHER ACCESS TO THE SITE.

The Paley Center, paleycenter.org and all associated logos and domain names are trademarks, trade names, logos, service marks, and/or domain names of the Paley Center ("the Paley Center Marks"). Other trademarks, trade names, service marks, logos and/or domain names used on the Site (including without limitation, the individual names of radio programs, television programs or other entertainment shows and providers and the domain names associated therewith), may be the trademarks, service marks, logos and/or domain names of their respective owners ("Third Party Marks"). Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Paley Center Marks without our express prior written consent. You agree that you will not challenge the respective ownership rights of the Paley Center or any third party in or to the Paley Center Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo and/or domain name that is identical or confusingly similar to any of the Paley Center Marks or Third Party Marks.

(8) CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the Paley Center a notice requesting that the Paley Center remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Paley Center a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

John Wolters
25 West 52 Street, New York, NY 10019
212-621-6760
legal@paleycenter.org

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

(9) RULES FOR SWEEPSTAKES, CONTESTS, GAMES. Any sweepstakes, contests, raffles, surveys, and games accessible through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contests, raffles, surveys, or games, you will become subject to those rules, which may be different from the terms and conditions set forth herein. We urge you to read any applicable rules, which will be linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to The Paley Center or the Site, including any information submitted in connection with such sweepstakes, contests, raffles, surveys, and games.

(10) REGISTRATION OBLIGATIONS/SCREEN NAMES.

A. You may be required to register with the Paley Center in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that personally identifies you; that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.

B. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions. You agree to immediately notify the Paley Center of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. The Paley Center is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

(11) JURISDICTIONAL ISSUES. The Site is controlled and operated by the Paley Center from the United States. The Paley Center does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, or other product that we provide.

(12) TERMINATION. This Agreement is effective until terminated. You agree that the Paley Center, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if the Paley Center believes or suspects that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the Paley Center may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Paley Center shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 4, 7, 8, 11, 12, and 14 through 18 shall survive such termination.

(13) THIRD PARTY SITES; LINKS. The Site may provide links to other web sites and online resources. Because the Paley Center has no control over such sites and resources, you acknowledge and agree that the Paley Center is not responsible for the availability of such external sites or resources, does not endorse and is neither responsible for nor liable for any content, advertising, products, or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Paley Center does not endorse such sites, and is not and shall not be responsible or liable for, any links from those sites to the Site, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

(14) DISCLAIMERS. THE SITE, THE SERVICES AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE PALEY CENTER AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SPONSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SERVICES AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

(15) LIMITATION OF LIABILITY. THE PALEY CENTER AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SPONSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE PALEY CENTER AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SPONSORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES OR FROM ANY CONTENT POSTED ON THE SITE BY THE PALEY CENTER OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICES AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE, THE SERVICES OR CONTENT, AS APPLICABLE. THE MAXIMUM LIABILITY OF THE PALEY CENTER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO THE PALEY CENTER TO ACCESS THE SITE.

While we try to maintain the integrity and security of the Site, the Services and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at legal@paleycenter.org with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

(16) INDEMNIFICATION. You agree to indemnify, defend and hold the Paley Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and sponsors harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and expenses that arise directly or indirectly out of or from (a) your use of, access to, or activities in connection with the Site (including any Transactions), and/or (b) any violation of this Agreement by you, including without limitation, any violation of the Code of Conduct set forth in Section 1.

(17) MISCELLANEOUS. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Paley Center. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between us relating to the subject matter herein and supersedes and any and all prior or contemporaneous written or oral Agreements between you and the Paley Center relating to such subject matter. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. The Paley Center reserves the right to assign its rights and obligations under this Agreement in its sole discretion. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you may be made via posting to the Site, by email or by regular mail, in the Paley Center's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(18) FILTERING. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.

(19) INFORMATION OR COMPLAINTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to website@paleycenter.org. You may also contact us by writing to 25 West 52 Street, New York, NY 10019, or by calling us at 212-621-6810. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

(20) CONTACT US. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to website@paleycenter.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.