THE BIG BANG THEORY / User Agreement

THE BIG BANG THEORY site on Ning.com (the "Site") is operated on by and on behalf of CBS Interactive Inc. ("Company" or "we," "our," or "us"). Subject to this User Agreement ("User Agreement"), which may updated from time to time without notice to you, the Site invites you to comment on the television series entitled THE BIG BANG THEORY. It is important for you to refer to this User Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this User Agreement, as such changes become effective immediately upon posting. Your continued use of the Site constitutes your acceptance of such changes. Please also review this web site's Terms of Use and Privacy Policy which are applicable to your use of the Site (provided that, in the event of any conflict, this User Agreement controls).

1. Company Property; Content you Post

You acknowledge and agree that, as between you and Company, Company is the owner and author of the television series THE BIG BANG THEORY and all of its characters, scenes, episodes, dialogue and other elements (collectively, the "Property"). Company grants you a limited, non-exclusive, revocable, non-transferable license to reference the Property in the content you post to the Site, which includes, without limitation, information, data, messages, photographs, audio, video, text, creative materials, creative suggestions, story ideas, character ideas, notes, drawings, concepts, comments, suggestions or other materials (collectively, the "Content"). All Content is your sole responsibility. Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them (collectively, "Company Entities") do not endorse the Content. Company reserves the right, but is not obligated, to delete, move, modify, edit, remove, or transmit any Content, in whole or in part, submitted by you to the Site for any reason in its sole discretion. You understand and agree that Company may also modify, suspend or terminate the availability of the Site, impose limits on the Site, or restrict or deny your access to the Site in its sole discretion without notice or liability of any kind. Termination or suspension of the Site or your access to the Site may mean that Content you have posted to the Site can no longer be retrieved. You agree that you must evaluate, and bear all risks associated with, the use of any of Content including, but not limited to, any reliance on the accuracy, integrity, legality, quality, completeness, or usefulness of the Content. Since Company Entities do not pre-screen Content, you may be exposed to Content that is inaccurate, offensive, indecent, and/or objectionable. If your personal information is included in the Content you post, you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Site.

Your Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure. When you post your Content to the Site, you irrevocably grant to Company Entities a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your Content, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Content. You further agree that Company Entities will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your Content or portions of your Content, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Content. Specifically, you acknowledge and agree that Company shall have the right, but not the obligation, to incorporate all or any part of your Content, or any derivations thereof, into the television series THE BIG BANG THEORY, and to advertise, promote, distribute, license, sell and otherwise exploit such Content throughout the world in perpetuity in any and all media now known or hereafter invented. You hereby waive any moral rights you may have in and to any of your Content, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company Entities are not obligated to use your Content submitted through the Web Sites or otherwise, and may alternatively choose to discard your Content without any liability whatsoever.

2. Registration and Restrictions on Use

The Site is only available to users who are eighteen (18) years of age or older and located in one of the fifty (50) United States or the District of Columbia. In order to participate, you may be required to become an authorized user by completing the Site's registration process. You agree that the information you provide during the registration process is true, accurate, current, and complete. You will create a username and password upon completing the registration process. You are solely responsible for maintaining the confidentially of your account and password, and you are solely responsible for all use of your account or password, whether authorized by you or not. You acknowledge and agree that any personally identifiable information you may submit in connection with your use of the Site (e.g., your e-mail address) may be provided to Company, provided that Company agrees to use such personally identifiable information solely for the purpose of enforcing and perfecting its rights pursuant to this User Agreement, and not for any marketing purposes.

It is a condition of your use of the Site that you do not:

1. Use the Site for any illegal purposes or to solicit any illegal act;
2. Transmit or upload any information, software or other material which violates or infringes upon the personal or property rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
3. Post any Content that is not original and created by you or for which you do not have all the necessary rights to submit the Content and grant the rights to the Content granted herein;
4. Post, publish, transmit, distribute, or otherwise disseminate any unlawful, threatening, harassing, hateful, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
5. Engage in fraudulent, deceptive, or otherwise wrongful activities;
6. Post or transmit any information which contains advertising, promotion or marketing materials, including, without limitation, using the Site for purposes of sending junk e-mail, chain letters, duplicative, unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes;
7. Post any message that solicits gambling or engage in any gambling activity;
8. Transmit or upload any information, software or other material which contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or deleterious components or devices; disable or otherwise harm the Site or any computer system, network, or web site; or otherwise inhibit any other user from using and enjoying the Site; or
9. Try to gain unauthorized access to the Site, other users' accounts, or computers connected to the Site though password mining or other means.

3. Copyrights and Copyright Agent

If you believe that your work has been copied and appears on the Site in a way that constitutes copyright infringement, please provide Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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.

Company's copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

Alexandra Ramirez
51 W. 52nd Street
New York, New York 10019
e-mail: acramirez@cbs.com

4. Limitations of Liability

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SITE, THE SITE ITSELF, OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL COMPANY ENTITIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE OR THE CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, OR TELECOMMUNICATIONS FAILURE). IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU AGREE THAT THE COMPANY ENTITIES HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY COMPANY ON YOUR BEHALF. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY ENTITIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OWNED OR CONTROLLED BY THE COMPANY ENTITIES OR YOUR CONTENT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY ENTITY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OR YOUR CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. "

5. Disclaimers

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY ENTITIES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE. COMPANY ENTITIES DO NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ENTITIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY ENTITIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT. FURTHER, COMPANY ENTITIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS USER AGREEMENT.

6. Indemnification

You agree to defend, indemnify and hold harmless the Company Entities with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this User Agreement, including, without limitation: (a) your use of the Site; (b) your violation of this User Agreement or any law, rule or regulation; (c) your use of the Content; or (d) any of your Content. You will cooperate as fully and reasonably as required by the Company Entities in the defense of any claim. Notwithstanding the foregoing, the Company Entities retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions brought against Company Entities and in no event shall you settle any such claim without Company's prior written approval.

7. Compliance/Termination

You understand and agree that Company will determine your compliance with this User Agreement in its sole discretion. Company reserves the right to terminate this User Agreement at any time in its sole discretion without notice or liability of any kind. Any violation of this User Agreement may be referred to law enforcement authorities.

8. Miscellaneous

You are solely responsible for compliance with applicable laws, rules and regulations in connection with your use of the Site and the Content, including, without limitation, those governing your transmission or use of any software or data. The section titles in this User Agreement are for your convenience only and do not have any legal or contractual effect. You agree that this User Agreement will not be construed against Company by virtue of having drafted this User Agreement. If any provision of this User Agreement is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this User Agreement. No waiver on the part of Company of any of this User Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Any legal action or proceeding related to the Site or the Content must be brought by you within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall forever be barred.