Privacy Policy

 Effective September 30, 2011: 

Summary of the Fox Filmed Entertainment Privacy Policy:



1. INTRODUCTION


Fox Filmed Entertainment, Inc. (“Fox FE” or “we”) operates FoxMovies.com, FoxSearchlight.com, and other entertainment websites featuring content related to Fox Filmed Entertainment movies (the “Sites”).  The services Fox FE offers include the Sites and any other features, content, or applications offered from time to time by Fox FE in connection with the Sites, including when they are accessed via the Internet, mobile or other device (collectively, the “Fox FE Services”).  Fox FE is part of the United States based operations of News Corporation.


Some of our online activities are directed to children under 13 and in those instances, we provide additional privacy protections.  To read about these additional protections please see Section 8 below.


This Privacy Policy applies to all users.  This Privacy Policy describes the collection and use of users’ personal information on the Fox FE Services. It also describes generally Fox FE‘s practices for handling non-personally identifiable information (e.g., interests, demographics and site usage) to the extent such information is associated with a particular user or user account.


2. SUBMISSION AND COLLECTION OF INFORMATION ON FOX FE SERVICES

User Submitted Information

Registration Information is the information that users must provide to Fox FE at registration for or upon subscription to a Fox FE Service, for example, to create an account, enter a contest, promotion or sweepstake, receive a newsletter, play a game or take a survey. 

Public Information and Posts consist of your your posts and comments on the Fox FE Services, for example, in comments, forums or blogs.  Your Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results both on the  Fox FE Services and on external search engines.   

Fox FE Collected Information

Fox FE Site Activity Information. When users access the Fox FE Services, we may collect certain non-personally identifiable information about those visits.  For example, in order to permit your connection to the Fox FE Services, our servers receive and record information about your computer and browser, including potentially your IP address, browser type, and other software or hardware information.  If you access the Fox FE Services from a mobile or other device, we may collect a unique device identifier assigned to that device or other transactional information for that device in order to serve content to it.  We also may use cookies and other tracking technologies (including browser cookies, pixels, beacons, and Adobe Flash technology including cookies), which are comprised of small bits of data that often include an anonymous unique identifier.  Websites send this data to your browser when you first request a web page and then store the data on your computer so Fox FE can access information when you make subsequent requests for pages from that site. We may use these technologies to collect and store information about your usage of Fox FE Services, such as pages you have visited, search queries you have run, and advertisements you have seen. Fox FE may also use cookies and similar tools to relate your use of the Fox FE Services to personal information obtained from you or a reputable third party. For example, if you have asked us to provide you information about our upcoming products or promotions, cookie and/or click stream data about your activities on the Sites may allow us to limit the materials we provide you to items we think you will find interesting, based on your prior online activities and preferences. 

Third parties that support the Fox FE Services by serving advertisements or providing services, such as allowing users to share content and post comments or tracking aggregate site usage statistics, may also use these technologies to collect similar information.  Fox FE does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies.  For more information about third-party ad networks that use these technologies, see www.aboutads.info.

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether.  Please consult the "Help" section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies).  Users can manage the use of Flash technologies, including cookies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/ faq.html.  Please note that by blocking any or all cookies you may not have access to certain features or personalization available through the Fox FE Services.

Third Parties.  To improve the quality of the Fox FE Services, we may supplement the information we collect with information from third parties.  If you access the Fox FE Services through a third-party connection or log-in, for example, through your Facebook account, we may also collect your user ID and/or user name associated with that third-party service, or any information you have made public in connection with that service or which the third party shares with partner services.  

 3. NOTICE & CHOICE

Means of Notice.  This Privacy Policy is the primary means by which Fox FE provides you with notice about its collection and use of your information.  

Privacy Policy Changes.  Fox FE may modify this Privacy Policy as necessary.  If we make material changes to this Privacy Policy that expand our rights to use your personal information, we will notify you to seek your consent through email or a prominent posting on the Fox FE Services.

Location of Data.  The Fox FE Services are hosted in the United States.  If you are a user located outside the United States, you understand and consent to having any personal information you provide transferred to, processed, and stored in the United States and other countries where data protection and other privacy laws may not offer the same level of protection as in your jurisdiction, such as the European Union.  This includes the use of cookies and other tracking technologies as described above.  As a result, please read this Privacy Policy with care.

Linked Services.  The Fox FE Services may also be linked to sites or services operated by Fox FE affiliates (i.e., that are part of the News America Group: “Affiliated Companies”) or third parties, and may carry advertisements or offer content, functionality, games, newsletters, stores, contests or sweepstakes, ticket sales, or applications developed and maintained by third parties. Fox FE is not responsible for the privacy practices of any such third parties, and once you submit information directly to a third party, leave the Fox FE Services via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of that third-party. Additionally, although all Affiliated Companies adhere to the News Corporation corporate Privacy Principles, users who visit an Affiliated Company site should still refer to its separate privacy policy, which may differ in some respects from this Privacy Policy.  

4. USE AND DISCLOSURE

Information Made Public Through Use of The Services

User’s Public Information and Posts are publicly available to everyone including other users of the Service, search engines, advertisers and anyone else with access to the Fox FE Services.  

Use and Disclosure of Information

We only share your non-public personal information with non-affiliated third parties when we believe sharing is permitted by you or authorized by this Privacy Policy.  We may share your personal information with Affiliated Companies.

We use the information we collect from and about users for the following purposes:

To provide and manage the Fox FE Services.  We use the information we collect from and about users to provide the Fox FE Services and features to you, which may include to measure and improve those services and features, to personalize your experience by delivering relevant content, advertising and marketing messages, to allow you to participate in online games, contests or promotions or to provide you with customer support, and to respond to inquiries.  We may use aggregated, anonymous data about use of and activity on the Fox FE Services to assist us in this regard and such data is not subject to this Privacy Policy.     

To contact you. Fox FE may periodically send promotional materials (e.g., newsletters) or notifications related to the Fox FE Services to the email address you provided to us upon subscription or registration to the Fox FE Services.  If you want to stop receiving promotional materials from Fox FE, you can follow the unsubscribe instructions at the bottom of each email.  There are certain service notification emails that you may not opt-out of as long as you are a member, such as notifications of changes to the Fox FE Services or policies.  

To deliver relevant advertising. We may use the information you provide to us, and information we collect about your use of the Fox FE Services through cookies and other technologies, to assist us in delivering you relevant ads when you visit the Fox FE Services.  We may work with third-party advertising networks and advertisers who help deliver these ads to you.  We do not share your non-public personal information with these third parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see on the Fox FE Services. As noted above, these third-party advertising networks and advertisers may also use cookies and similar technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests.  To find out more about third-party online advertising and to opt out of this type of advertising, visit the Network Advertising Initiative website [insert text link to http://www.networkadvertising.org/managing/opt_out.asp]. Fox FE also shares non-personally identifiable demographic and interest information associated with your account with third-party advertising networks to assist them in delivering relevant ads on the Fox FE Services. 

To protect the rights of Fox FE and our users.  There may be instances when Fox FE may disclose user information without providing notice or choice, including situations where Fox FE has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of Fox FE, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Fox FE Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.  We may retain backup information related to your use of the Fox FE Services on our servers for fraud detection or to comply with applicable law or our internal security policies.

To complete a merger or sale of assets.  If Fox FE sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Fox FE may transfer your information to the party or parties involved in the transaction as part of that transaction.

5. SECURITY

Fox FE uses commercially reasonable administrative, technical, personnel and physical measures to safeguard user information in its possession against loss, theft and unauthorized use, disclosure or modification.

6. USER CONTROL AND ACCOUNT CANCELATION 

If you would like to review your personal information in our records, change any personal information or user preferences previously submitted, please go to Member Center.  If you would like to cancel your account, please contact us at feedbackus@fox.com.  We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies.  Because of the nature of caching technology, your account may not be instantly inaccessible to others, and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines. In addition, remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances – where, for example, you or another user have shared information with a third-party application or website.  

7. CONTACT US

If you have questions about this Privacy Policy, please contact Fox FE at:

Email: feedbackus@fox.com

Mail: 

Privacy Officer

P.O. Box 900

Beverly Hills, CA  90212

8. ADDITIONAL PROVISIONS FOR CHILDREN’S PRIVACY

We at Fox FE understand that the Internet presents an opportunity for us to reach the public in new and exciting ways with information about our programming, fun games, exciting sweepstakes and contests, email, chat rooms, bulletin boards and other forms of interactivity.  Fox FE also recognizes the privacy concerns of parents (including other legal guardians), and the importance of protecting the privacy of the information collected from children at the Fox FE Services.  Parents of children under 13 who visit the Fox FE Services can be confident that any personal information that may be provided to the Fox FE Services will be collected and maintained in accordance with the Children's Online Privacy Protection Act (“COPPA”).  Fox FE encourages children to check with their parents before using the Fox FE Services and encourages parents to supervise their children's activities online and to participate with their children's online activities whenever possible.  

Collection and Use of Personal Information from Children Under 13. 

When a visitor to the Fox FE Services is under the age of 13, Fox FE does not require the disclosure of more personal information than is reasonably necessary for him or her to participate in an activity as a condition of such participation.

Fox FE may collect and use different types of personal information submitted to the Fox FE Services by children under 13 in a variety of ways, which are described below.  In each instance, we comply with the parental consent requirements of COPPA.

 (i)    We may collect a child's email address in connection with a contest, sweepstakes or game for the sole purpose of communicating with the child on a one-time-only basis (i.e., to contact a sweepstakes winner).  This information will not be used to re-contact the child, and will be deleted from our records when the contest or game is over.  Parental consent is obtained before we send a prize to any winner under 13.

(ii)    We may collect a child's email address in order to respond more than once to a child's specific request.  For example, the child may want to subscribe to an online newsletter or receive other online communications from Fox FE.  In these instances Fox FE will also obtain a parent's email address along with the child's.  Before any further contact with the child, Fox FE will send an email to the parent (A) notifying him or her we have collected the child's email address in order to respond more than once to the child's request for a subscription, information, etc.; (B) informing the parent that he or she can refuse us permission to contact the child, and how to do so; and (C) informing the parent that if he or she does not respond to the email within one (1) week, Fox FE may use the child's information for the purpose for which it was submitted.  Under no circumstances will the child be allowed to participate without giving a parent's email address.

(iii)    We may collect a child's personal information (including name, email address, mailing address and phone number) for such activities as chats, forums, surveys, games, bulletin boards, requests for suggestions, subscription registrations, content submissions, requests for products or services, or requests for additional information.  In these instances we will initially collect only the child's name and online contact information and the email address of the child's parent.  Before using this information for any purpose, we will send the parent an email that (A) informs the parent that we wish to collect and use the child's personal information and need the parent's consent to do so, and (B) provides the parent with a link to access this Privacy Policy, which describes our information collection and use policies as required by COPPA.  Fox FE will ask the parent to provide consent by return email.  Upon receipt of the email consent, we will send the parent a confirming email.  

(iv) We may collect a child’s name and email to protect the safety of a child who is participating in the Fox FE Services. In these instances, we will notify the parent and give the parent an opportunity to prevent further use of this information.      

(v) We may collect a child's name and email address to the extent reasonably necessary to protect the security of this Fox FE Services, to protect against liability, to respond to law enforcement or as required or permitted by law and disclose such information to third parties where it is necessary for such purpose.  Information collected for these reasons will not be used for any other purpose.

(vi)    We may share your child’s personal information with service providers that provide support for the FOX FE Services by, for example, providing, or assisting us in providing, the FOX FE Services to your child.  If we plan to share your child’s personal information with a third party for any reason other than to provide these or other internal support services, we will notify you and give you the opportunity to opt-out of such disclosure.  Parents may consent to Fox FE's collection and use of a child's personal information without consenting to the disclosure of the information to third parties other than such service providers.  

(vii)  If Fox FE sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Fox FE may transfer your child’s information to the party or parties involved in the transaction as part of that transaction. 

Linked Services. 

The Fox FE Services may also be linked to sites or services operated by Affiliated Companies or third parties, and may carry advertisements or offer content, functionality, games, newsletters, stores, contests or sweepstakes, ticket sales, or applications developed and maintained by third parties.  Those sites or services, which are not controlled by Fox FE, may collect personal information from your child.  Parents should therefore check the relevant site's privacy policy to understand how it collects and uses children's personal information.  Fox FE is not responsible for the privacy practices of any such third parties.  Additionally, although all Affiliated Companies adhere to the News Corporation corporate Privacy Principles, parents should still refer to the Affiliated Company’s site or service’s separate privacy policy, which may differ in some respects from this Privacy Policy.  Fox FE will not knowingly receive any personal information from another site from a child under the age of 13 if that site does not follow the requirements of COPPA. 

Reviewing and Making Changes to Personal Information Collected from Children Under 13. 

Parents of children under age 13 may review or delete personal information about their children from our records at any time.  If you would like your child's personal information deleted, please contact us at feedbackus@fox.com.  We will delete your child's information from our database if you so request.

If you would like to review the personal information in our records submitted by your child, or change any personal information previously submitted by your child, please go to Member Center and follow the instructions.

TERMS AND CONDITIONS

Effective:  May 7, 2007

TERMS & CONDITIONS:

Please read these terms of use carefully before using this site. If you do not agree with any of the below Terms of Use, please do not use this site. This site is governed by a Privacy Policy which can be found herein. Some sections of the site may have additional privacy practices which are described in detail at those specific locations. Fox reviews its Privacy Policies periodically and reserves the right to make revisions at any time. Fox encourages parents and children to review the Privacy Policies often for changes. Participant's continued use of the site after a change has been to the policies of the site implies Participant's assent to those changes. 

COPYRIGHTS, TRADEMARKS, & RESTRICTIONS TM and © 2011 TWENTIETH CENTURY FOX FILM CORPORATION, AND RELATED ENTITIES ("FOX"). ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY “THE MATERIAL”) ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED. 

Fox grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively “Downloaded Material”) provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material. If Participant wishes to license any Fox Material, including but not limited to, Material contained in this site, please contact the Fox Clip Licensing Department at (310) 369-3605. 

    COPYRIGHT INFRINGEMENT:

If you believe that any material contained in this Site infringes your copyright, you should notify FOX of your copyright infringement claim in accordance with the following procedure.


To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

   USER'S AGREEMENT AND RULES OF CONDUCT FOR FOX SITE:

Use and participation in Fox's Internet site is contingent upon Participant’s acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, "Participant" refers to you. "Fox" refers to Twentieth Century Fox, its parent, subsidiary and affiliated companies. 

1.    RULES OF CONDUCT:

(a) Participant shall not post or transmit through Fox any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.

(b) Participant shall not upload, post or otherwise make available on the Fox site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. 

2.    SUBMISSIONS POLICY:

Notwithstanding the above, Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the Fox site. Participant authorizes Fox to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of Fox. Participant releases Fox from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify Fox in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the Fox site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between Fox and Participant (other than the contractual relationship between Fox and Participant entered into by virtue of Participant’s agreement to these Rules of Conduct.)

3.    RIGHTS OF FOX / DISCLAIMER OF LIABILITY:

(a) Fox is a distributor only (and not a publisher) of Fox Chat Room and Bulletin Board content which is supplied by Participant with occasional responses from Fox. Fox shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, Fox shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. Fox shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.

The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of Fox. Fox is not responsible for any materials provided by users which are deemed harmful or offensive to others. Fox is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.

(b) Fox makes no warranties, express or implied, as to the content in the Fox site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in Fox Chat Rooms and Bulletin Boards are those of such Participants only, and Fox neither endorses nor shall be held responsible for the reliability or accuracy of same.

(c) Fox is not responsible for the content or practices of third party Web sites that may be linked to a Fox site. This site may also be linked to Web sites operated by companies affiliated with Fox. Visitors to those sites should refer to each site’s separate privacy policies and practices.

4.    PARTICIPANT'S INDEMNIFICATION / OBLIGATIONS:

Participant agrees to defend, indemnify and hold harmless Fox, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant's use of Fox sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.

5.    TERMINATION:

Fox shall have the right to immediately terminate any Participant's use of the Fox site if Fox determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which Fox determines in its sole discretion to be unacceptable. 

6.    MISCELLANEOUS:

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, County of Los Angeles, without regard to its conflict of laws rules. 

The Fox site contains neither expressed no implied warranties for use. Fox does not warrant that the site will be without viruses or defects, and Fox is not responsible for any repair or maintenance visitor's system may require as a result of using the Fox site. 

This site is operated by Fox from its headquarters in Los Angeles, California. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites. 

© 2011 Twentieth Century Fox.  All Rights Reserved. 

 

WIRELESS SERVICES TERMS AND CONDITIONS

Twentieth Century Fox Film Corporation ("Fox") provides short message service updates, mobile alerts, ringtone, wallpaper and multimedia delivery, sweepstakes entry capability, contest voting capability, and other services to wireless devices (collectively, the "Service"). Please read these terms and conditions prior to using the Service. By using the Service, you agree to be legally bound by these terms and conditions and our Privacy Policy and Terms and Conditions. If you do not agree with these terms, please do not use the Service. Please note that to process your requests for this Service, standard text rates apply and you may be charged a fee to send and receive messages based on the terms of your wireless service. Check with your wireless service provider if you have questions about your service plan.  Fox can, without notice, change or discontinue the services, begin charging fees or increase its current fees for the Service or make any other modifications to these special terms at any time by giving you notice prior to the time in which the charges or other changes would go into effect. If you choose to use the Service after that point, you are accepting such changes. If you disagree with the changes, your only remedy is to discontinue using the Service.

Privacy

 Fox respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies. Please review our Privacy Policy and Terms and Conditions for further information.

Opt-Out

You can cancel your receipt of wireless messages and this service by texting the word STOP to 75555.

Disclaimer of Warranties for the Services

Since the Services are delivered to you via your wireless service provider's network, Fox cannot warrant or promise that the Services and corresponding software will work with all wireless products or be available at all locations and at all times.  In the event of product, software, coverage or other service changes made by your wireless carrier, Fox cannot warrant or promise that the Services will continue to work or work properly. Therefore, Fox offers the services on an "AS IS" basis only.  Fox cannot promise or warrant the accuracy or availability of the services and software, or that the services will be free of errors or interruptions. To the fullest extent of the law, Fox makes no representations of warranties, expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose, or warranty of accuracy concerning the services and their software. Fox is not responsible for any lost, late, incomplete, damaged, or misdirected text messages; failures or malfunctions of phones and wireless devices (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, wireless services or other communications malfunctions; unavailable or interrupted networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or for any other technical problem.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH FOX REGARDING THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT SHALL FOX BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES AND SOFTWARE OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, AND IN NO EVENT SHALL FOX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES IN QUESTION.