Check, Please! Membership Agreement

This Membership Agreement (this "Agreement") applies to any display, access, or use by any person (referred to as "You" below) of portions, features or services of the Check, Please! website accessible at http://www.checkplease.tv and any other website operated or owned by Check, Please! LLC ("Check, Please!") restricted to member access (or otherwise requiring password access or only available to registered members of Check, Please!), unless contrary terms and conditions are stated to apply at such other websites or to such features or services. This Agreement also applies to any opinion, communications, or other content submitted by you to Check, Please!

You have expressly agreed to this Agreement by signifying your consent during the Check, Please! member registration process, and in addition you are deemed to agree to this Agreement by displaying, using or accessing the Check, Please! website or any service or feature provided by Check, Please! requiring password access or otherwise only available to registered members of Check, Please!. If you do not agree with this Agreement, please do not use the Check, Please! website or any such services or features. Questions and concerns regarding this Agreement should be directed by e-mail to customerservice@checkplease.tv.

Related Policies and Terms

You expressly agree to the Check, Please! Privacy Policy and the Terms of Use applicable to the Check, Please! website, each of which are hereby incorporated by reference as though fully stated herein.

Membership Features and Rights Non-Transferable

Check, Please! requires that you enter into this Agreement to access certain advanced features and services available on the Check, Please! website, in order to specify the terms applicable to the use of such features and services, and to protect other members and users of Check, Please! You will be asked to provide a username and/or password on each visit and use of these features so that Check, Please! can confirm your identity and previous entry into this Agreement. You are prohibited from sharing or transferring your account or your username and/or password with or to any other person. You may not, nor allow any other person to, timeshare, sublicense, or otherwise transfer all or any portion of your Check, Please! membership or your rights to access any Check, Please! website or services to any other party, or make commercial use of any Check, Please! services without the express prior written consent of Check, Please!

You hereby indemnify Check, Please! and its officers, directors, employees, agents, affiliates, and sponsors from and against any claim, damage, or loss arising out of or related to any unauthorized sharing of your username and/or password or any attempted transfer of your membership, or any other breach of this Agreement.

Acceptable Use

You agree to abide by all of Check, Please!'s use policies, and those of any applicable Check, Please! affiliate, provider, or sponsor, as in effect from time to time, including the policies set forth herein and all updates to such policies posted on the Check, Please! website or provided to you via e-mail. Check, Please!'s use policies include but are not limited to the following: you (a) shall abide by all applicable laws, rules, and regulations relating to the electronic use, posting or transmission of content, software or other matter; and (b) shall not (nor allow any person to) (i) use the Check, Please! services or the Check, Please! website in any manner which is illegal, fraudulent or deceptive, harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, or otherwise objectionable or unlawful; (ii) attempt to gain unauthorized access to the Check, Please! database or other Check, Please! network or computer systems; (iii) interfere with another's use and enjoyment of the Check, Please! website or any features or services thereof; or (iv) impersonate any other person.

Your use of the Check, Please! website and all services and features available through this website is for personal, private, entertainment and non-commercial use only. Spamming, phishing, and solicitations are expressly prohibited. You specifically covenant, represent and warrant that you are not affiliated or related in any manner to any sponsor, partner, provider, or other person about which you post or submit any opinion, review, statement, or other content, and that you are not affiliated or related in any manner to any competitor of any such sponsor, partner, provider, or other person.

Posted Opinions, Communications, and other Materials

You understand that by participating in any community, communications, or opinion feature or service of the Check, Please! website that the contents of your submissions and communications may be published and become public information, not subject to any obligations or rights of privacy. You shall be solely responsible for your own submissions and communications and the consequences of posting or publishing them. In connection with your submissions and communications, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Check, Please! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions and communications to enable inclusion and use thereof in the manner contemplated by the Check, Please! website and this Agreement. You retain all of your ownership rights in your submissions and communications. However, by communicating or transmitting the same (or any other materials) to Check, Please! you hereby grant check, Please! a worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, digitize, reproduce (mechanically or otherwise), publish, distribute, transmit, publicly display, modify, make derivative works of, exploit, sell, compile, combine, edit, download, transfer, or otherwise make commercial use of such content, communications and materials anywhere in the world, through all time, in any media and through any technology now existing or hereafter developed, without limitation of any sort. You also hereby grant each user of the Check, Please! website a non-exclusive license to access your content and communications through the Check, Please! website (and to any other medium, website, or person to which Check, Please! conveys this right), and to use, reproduce, distribute, and display the same consistently with the terms of this Agreement. You hereby waive any applicable moral rights.

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant Check, Please! all of the license rights granted herein.

You agree that Check, Please! shall have the right, but not the obligation, to choose the contents displayed on the Check, Please! website and that it shall have no obligation to use or display any content or submission from you. You also agree that Check, Please! shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.

Additionally, if you are chosen as a participant for any Check, Please! video review or to otherwise appear in any media or content, you authorize Check, Please! to record on film, tape, video, or otherwise (including any media now known or hereafter developed) your name, likeness, image, voice, interview, performance, and/or materials provided by you and to use and authorize others to use this recording, video, tape, film, or other media, or any part thereof, on an irrevocable and unlimited basis in all markets and media now existing or hereafter devised throughout the world.

Password Security

The Check, Please! website provides several account management tools that allow you to record and store information, including your personal information. You are responsible for taking all reasonable steps to ensure that no other person has access to your passwords. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) to monitor and control access to your passwords and your Check, Please membership and account information; and (c) to immediately inform Check, Please! of any need to deactivate a password or other access to any service or feature of Check, Please! and its website.

Cancellation

You may cancel your Check, Please! membership by e-mailing Check, Please! at customerservice@checkplease.tv, which e-mail must originate from the e-mail account you specified at the time you created your username, must specify your Check, Please! username, and must specify that you wish your Check, Please! membership terminated.

Termination

Check, Please! reserves the right to refuse membership to any person for any reason in its discretion, and to suspend or terminate any membership of any person for any reason in its discretion. Without limiting the foregoing, Check, Please! may, but is not required to, suspend or terminate your membership or access to all or any portion of the Check, Please! website upon any breach of this Agreement, without providing any opportunity to cure such breach. Provision of any warning or opportunity to cure does not create any obligation of Check, Please! to provide further such warnings or opportunities at any later time.

Without limiting the foregoing, and in addition to any other rights Check, Please! may have, it may suspend or terminate your Check, Please! membership and access to Check, Please! features or services without notice and in its sole discretion if:

(1) Check, Please! determines to cease to offer any free, trial, or promotional services; or
(2) Check, Please! suspects fraudulent use of your Check, Please! membership account. Fraudulent use of an account may include but is not limited to: (a) permitting access to your Check, Please! username and password to third parties; (b) use of your Check, Please! account for any purpose other than private, non-commercial entertainment purposes; (c) entering invalid or apparently invalid user information (such as anonymous "Hotmail" e-mail accounts); (d) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user limitation; or (e) posting or submitting any opinion, communication, or other content that may indicate that you are affiliated with or related to any sponsor or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial use of the privileges afforded Check, Please! members; or
(3) You violate this Agreement, the Terms of Use, or any rule or policy posted from time to time at the Check, Please! website or imposed by any applicable Check, Please! provider, sponsor, or affiliate; or
(4) Any law, regulation, or governmental action renders all or any portion of the Check, Please! website or services (or your use of the Check, Please! website or services) unlawful or impracticable; or
(5) Your use of your Check, Please! membership or the Check, Please! website or services impairs or threatens to impair the integrity or functionality of the Check, Please! website in any manner.

Miscellaneous

Any disputes concerning the Check, Please! website, any content thereon, any feature or service available through this website, or this Agreement requiring judicial resolution shall be determined exclusively in the Courts of the State of Illinois, in the County of Cook, under the laws of the State of Illinois, provided that Check, Please! may seek injunctive relief and similar remedies in any court of competent jurisdiction.

You affirm that you are more than 18 years of age, and are fully able and competent to enter into the obligations set forth in this Agreement.

If Check, Please! breaches its obligations hereunder, or should you become dissatisfied with any Check, Please! feature or service, or should you object to any terms or conditions of this Agreement, your sole and exclusive remedy is to terminate your Check, Please! membership and discontinue use of Check, Please! services. You may not assert against Check, Please! any claim in connection with this website or any Check, Please! feature or service unless you have given Check, Please! written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.

This Agreement: (a) may be assigned by Check, Please! but may not be assigned by you without the express consent of Check, Please!; and in any case shall be binding upon and inure to the benefit of Check, Please!'s successors and assignees; (b) together with the Terms of Use and the Privacy Policy, contains the entire understanding between the parties hereto with respect to the Check, Please! website and the subject matter hereof, and supersedes all previous oral or written agreements or understandings between the parties with respect thereto, and no advice or information, whether oral or written, obtained by you from Check, Please! or the Check, Please! website (whether before or after the date you accept this Agreement) shall create any obligation or warranty of Check, Please! not expressly stated herein; and (c) shall not be modified, except by an express modification by Check, Please! as described herein. There are no third party beneficiaries hereof. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

You agree that Check, Please! may, in its sole discretion, from time to time add to, delete from, or modify this Agreement in any reasonable manner by publishing such modifications on Check, Please! website. Please check back often if you are concerned about any such modifications.