Carney Updates | Fred Willard, Comedy Legend and Inaugural Carney Awards Host, Passes Away at 86
Through this Carney Awards Web site (the “Site”), you have access to information, documents, videos, communication forums, services, and other content (collectively “Content”). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to, and use of, the Site and the Content provided on the Site (“Terms of Use”). The Carney Awards, LLC and/or its affiliated companies (“TCA” or “The Carney Awards” or “We”) may revise the Terms of Use at any time without notice to you.
Some areas of the Site may have additional rules, guidelines or terms of use posted. If there is a conflict between the Terms of Use and the rules, guidelines or terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
TCA neither claims nor represents, either directly or indirectly, that it has a talent representation agreement of any kind with any of the performers shown on the Site. TCA does not (a) disclose contact information for the performers, or (b) relay messages, requests, or creative materials to a performer, or to his or her representatives.
You may download, view, copy, and print documents, including graphics incorporated in the documents, that TCA publishes on the Site (“Documents”) such as guides, checklists, press releases, and FAQs, subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of The Carney Awards.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify TCA immediately of any unauthorized use of your password(s) or account(s).
TCA is concerned about the protection of personal information we have collected from you and takes reasonable steps to prevent unauthorized access to that information.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any TCA computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any TCA computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any TCA computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any TCA accounts, computer systems or networks without the express written permission of The Carney Awards.
TCA is interested in hearing from you regarding your questions or comments about our Site. However, TCA does not accept or consider unsolicited submissions of any kind (such as creative material, scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including e-mail). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. In any event, any material you send to us will not be treated as confidential.
TCA requests that you act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by TCA) or privately transmitted on or through this Site are the sole responsibility of the sender, and not TCA, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
You may not post e-mails or submit to or publish through forums or otherwise make available on this Site any content, or act in a way, which in the opinion of TCA:
(a) Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any performer appearing on the Site;
(c) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(e) Violates any law or may be considered to violate any law;
(f) You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) Advocates or promotes illegal activity;
(h) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) Solicits funds, advertisers or sponsors;
(k) Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities through the Site;
(m) Copies any other pages or images on this Site except with appropriate authority;
(n) Includes any format of video files;
(o) Amounts to a “pyramid” or similar scheme;
(p) Amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly through us;
(q) Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(r) Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by TCA anywhere on this Site (including, but not limited to, on any Web space made available for your use).
You agree that TCA may, in its sole discretion, at any time terminate your access to the Site, including forums, and any account(s) you may have in connection with the Site. Access to the Site, and activity on the Site, may be monitored by TCA.
The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that TCA is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that TCA is not responsible for third party Content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that TCA is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that TCA is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TCA EXPRESSLY DISCLAIMS ALL WARRANTIES 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. TCA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TCA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
TCA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL THE CARNEY AWARDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 7 AND 8, DO NOT APPLY.
You agree to defend, indemnify and hold harmless The Carney Awards, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your access to, or use of, the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any forum or submitting any Content to TCA, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.
You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of TCA in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of TCA outside the U.S. Neither the services of TCA nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law and the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in New York. You and The Carney Awards agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Copyright © 2021 The Carney Awards LLC. All rights reserved.
The Carney Awards is a registered trademark held by David Katz, Jim Katz and Brian Carney. Other names appearing on the Site may be trademarks or registered trademarks of their respective owners.
If you have any questions regarding these Terms of Use, please contact The Carney Awards at info@thecarneyawards.com.