TERMS AND CONDITIONS

The International Heart of Variety d/b/a Variety International (“VARIETY”) maintains this web site as a service to its clients, donors, potential donors and other interested parties. Please visit us frequently and browse our pages. Downloads are subject to the terms and conditions set out below.

USERS/PARTICIPANTS

We do not discriminate on the basis of age, race, national origin, gender, and sexual orientation. No person under the age of 13 should use the site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the site by any user shall be deemed to be a representation that the user if 13 years of age or older.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

This site, and materials on the site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the “Materials”) are the property of VARIETY and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by VARIETY and by the copyright law, trademark law, international conventions and other intellectual property laws. By way of example, and not as a limitation, VARIETY is a registered trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.VarietyChildrensCharity.org or any bulletin board, or any other web site owned or operated by VARIETY without the prior written permission of VARIETY. However, you may download or make a copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitute and infringement of VARIETY copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from VARIETY.

Nothing contained on this site grants, by implication, estoppel, or otherwise, any license or right to use this site or any information displayed on this site, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VARIETY or such third party that may own the trademark or copyright of information displayed on the site.

Copyright and Trademark Information © 2009 Variety International All Rights Reserved.

SUBMISSIONS, LICENSES AND REPRESENTATIONS

In these terms of use, VARIETY uses the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this site.

You hereby grant VARIETY and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”). By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that any Submissions you distribute on or through this site contains original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

You hereby appoint VARIETY as your agent with full power to enter into and execute any document and/or do any act VARIETY may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by VARIETY, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

REMOVAL OF SUBMISSIONS

VARIETY reserves the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from this site that violates these terms of use; and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when VARIETY believes in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use and/or protect the safety or security of any person or property, including this site. Moreover, VARIETY retains all rights to remove Submissions at any time for any reason or no reason whatsoever.

LINKS TO THIRD PARTY WEB SITES

VARIETY is not responsible for the content of any site that may be linked to or from www.VarietyChildrensCharity.org or any bulletin board associated with VARIETY. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this site is independent from VARIETY, and VARIETY has no control over the content of that other web site. In addition, a link to any other web sites does not imply that VARIETY endorses or accepts responsibility for the content or use of such other web site.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by VARIETY of that third party of any product or service provided by a third party.