Terms of Service_

A&E Televisionlearn more Networks International Division Terms of Service

Last Updated on September 6, 2006

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This Web site located at: http://digital.aetninternational.com (the “Site”) is provided and operated by A&E Television Networks (”AETN”). Access to and use of the Site shall be subject to the following Terms of Service (”TOS”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

1. Description of the Site_

The purpose of the Site is to present AETN programs available for license to television programmers outside of the United States and provide information about The History Channel, The Biography Channel, A&E and Crime & Investigation Network. Screenings of programs may be ordered and downloaded (via screening system) through the Site.

2. Changes to TOS and to the Site/Notice to You_

AETN reserves the right to alter the TOS at any time without advance notice by posting a revised TOS on the Site. Use of the Site after such notice will be deemed acceptance of such changes. Notices to you may be made via either email or regular mail. AETN further reserves the right to change the Site, including augmenting or eliminating, discontinuing or revising any aspect, content on or feature of the Site, including without limitation restricting the availability of the Site to certain times or platforms, and to restrict or terminate the right to use the Site without notice. Unless explicitly stated otherwise, any new content or features that augment or enhance the current Site, including the release of new AETN properties or materials, shall be subject to the TOS.

3. Questions/Notice to AETN_

Any questions about the meaning or application of these Terms of Service or other notice to AETN should be directed to AETNInternational@aetn.com.

4. Press Area_

If you are a member of the press, you may apply to AETN (by clicking on “register” on the top of the SITE) for a password and a user name to access materials from AETN directed to the press (”Press Materials”). If you have obtained from AETN a username and password for the press area (”Press Member”), you are responsible for all activity on the Site in connection with your username and password and agree to immediately notify AETN of any unauthorized use of your password or username or any other breach of security that comes to your attention. No username and/or password may be transferred without prior written approval from AETN and is subject to any limits established by AETN. Passwords must be kept confidential and may not be shared. AETN shall have the right to terminate your username and password at any time and for any reason, as further described in Section 11. Pursuant to all terms contained in the TOS, AETN hereby grants to Press Members a limited, non-exclusive, non-transferable license to use the Press Materials included in the Site for solely for the purpose of press coverage. No other use may be made of the Press Materials for any other purpose. The Press Materials must be used “as-is.” No changes, alterations or edits whatsoever, or any deletion of author attribution, trademark, legend or copyright notices, shall be made to any such Press Materials, and shall abide by any information or restrictions contained in or provided with any of the Press Materials. You acknowledge that you do not acquire any ownership or other rights in the Press Materials (other than this limited license) by virtue of your downloading or using such materials or otherwise. All use of AETN’s trademarks and service marks hereunder shall accrue to the sole benefit of AETN.

5. Information Collection/Privacy Policy_

You will have to provide us with information including your email address, name, address, telephone and fax numbers, company name and position title in order to order screener tapes, to contact us and to ask for further information. You agree to provide true, accurate, current and complete information as prompted during the registration process and not to impersonate anyone. You may opt in to receive a newsletter from AETN via email. AETN will not sell any information you submit to any third party and will only use such information for its own internal purposes. You acknowledge that AETN may make information you submit accessible to third parties that provide technical, data processing, and other services on behalf of AETN to the extent necessary to provide such services.

6. Use of AETN Content/Copyright Infringement_

You acknowledge and agree that the Site contains copyrighted material, trademarks, trade secrets and other proprietary and confidential information and material, and that these rights are valid and protected in all forms and media. In addition, the contents of the Site as a whole constitute a collective work of AETN protected under the U.S. Copyright laws. You shall have no rights to use any names, trademarks, service marks, logos, domain names, copyrights, or other property of AETN and/or its affiliates, parents or subsidiaries, except with respect to the limited right for Press Members to use the Press Materials as expressly provided herein. Trademarks and service marks of AETN include A&E®, BIOGRAPHY®, THE HISTORY CHANNEL®, CRIME & INVESTIGATION NETWORK™ and any associated logos. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to:

Name: David Sternbach
Address: A&E Television Networks, 235 East 45th Street, New York, NY 10017
Telephone: (212) 210-1400
Fax: (212) 210-1308
Email: copyright@aetn.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

7. Rules of Conduct_

While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition, while using the Site, you shall not: A. Restrict or inhibit users from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; B. Use the Site or any of the Press Materials or other content, information, images, or other intellectual property thereon for any unlawful purpose; C. Submit to AETN for purposes of registering on the Site or for use in connection with or for posting on the Site (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on or violates AETN’s or any third party’s intellectual property, publicity or privacy or other rights, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation or (b) any material, non-public information about any company or any trade secret of any third party without the authorization to do so; D. Remove any copyright, trademark, or other proprietary rights notices, watermarks or other rights protection devices contained in the Site; E. “Frame” or “mirror” any part of the Site without AETN’s prior written authorization; F. Link to any page of or material on the Site other than the URL located at http://www.aetninternational.com without AETN’s prior written authorization; G. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or H. Inclick for more infoterfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about Site users without their express consent; or engage in any spamming or flooding of other users. I. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; J. Modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or K. Reproduce, duplicate, copy, sub-license, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, other than as expressly permitted pursuant to Section 4 above.

8. Limitations of Liability and Disclaimer of Warranties_

YOUR USE OF THE SITE, THE CONTENT ON THE SITE, AND ANY PRESS MATERIALS OR OTHER MATERIALS OR SERVICES YOU ACQUIRE FROM OR THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY PRESS MATERIALS OR OTHER CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH MATERIALS OR OTHER CONTENT. AETN DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AETN WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AETN HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, AETN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, FROM PRESS MATERIALS OR SERVICES ACQUIRED THROUGH THE SITE, OR FROM ANY PRESS MATERIALS OR OTHER CONTENT OF ANY NATURE POSTED ON THE SITE. AETN MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRESS MATERIALS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN ANY SOFTWARE INCORPORATED IN THE SITE WILL BE CORRECTED.

9. Indemnity_

You agree to defend, indemnify and hold harmless AETN, its parents, subsidiaries 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 your use of the Site, or arising out of any violation of these TOS by you.

10. Links_

The Site may provide links to other World Wide Web sites or resources. Because AETN has no control over such sites and resources, you acknowledge and agree that AETN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AETN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Termination_

You agree that AETN, in its sole discretion, may terminate your passwords and usernames and/or use of the Site, and may remove and discard any content within the Site, for any reason, including without limitation if AETN believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that AETN may immediately deactivate or delete your password and username and all related information and files and/or bar any further access to such files or the Site. You agree that AETN shall not be liable to you or any third party for any termination of your access to the Site.

12. Governing Law_

These TOS shall be governed by and interpreted in accordance with the laws of New York and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York.

13. Severability_

If any part of this TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this TOS will remain binding upon the parties.

14. Entire Agreement_

This constitutes the entire agreement between you and AETN with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and AETN with respect thereto.