Last Updated: January 15, 2010
A&E Television Networks, LLC and its subsidiaries and affiliated entities (collectively, ("AETN") own and/or operate a network of web sites, which include www.AETN.com, www.AETNInternational.com,, www.AETV.com, www.Bio.com, www.CrimeandInvestigationNetwork.com, www.DressUpChallenge.com, www.History.com, , www.HistoryenEspanol.com, www.HistoryInternational.com, www.HistoryTravel.com, www.LifetimeMoms.com, www.LMN.tv, www.MomBlogNetwork.com, www.MothersClick.com, www.MyLifetime.com and www.Roiworld.com.
The Sites offer users (“Users”) a collection of online resources, including forums, message boards, blogs, games, television listings, quizzes, surveys, polls, shopping services, searchable databases, software, specialized audio, video, information, materials and other content and branded programming (collectively, the “Content”). The Sites are provided free of charge to you (unless otherwise indicated).
1. ACKNOWLEDGEMENT AND ACCEPTANCE
AETN RECOMMENDS THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
2. ADDITIONAL TERMS
3. MODIFICATIONS TO TERMS
4. CHANGES TO THE SITES
5. REGISTRATION INFORMATION
You must provide all required registration information before you will be allowed to register to use a Site. You acknowledge and agree that AETN may block your use of a Site if your registration information is not complete and/or terminate your right to use a Site if any of the registration information that you provide is untrue, not current, incomplete or inaccurate, or if AETN has reasonable grounds to believe that any of your registration information is untrue, not current, incomplete or inaccurate. You also must maintain and update your registration information to keep it current, complete and accurate.
In addition to all required registration information, to use any of the Sites, you will need to:
You represent to AETN that you have the authority to register with and/or use the Sites according to these Terms. You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with these Terms.
7. USER PASSWORD AND SECURITY
AETN may refuse to grant you, and you may not use, a username (or e-mail address) that: is already being used by someone else; may or does impersonate another person; belongs to another person; violates the intellectual property or other rights of any person; is vulgar or otherwise offensive; and/or AETN rejects for any other reason in AETN’s sole discretion.
Although AETN will not be liable for losses caused by any unauthorized use of your username or other information, you may be liable for the losses of AETN or others due to such unauthorized use.
8. USER CONDUCT
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from any of the Sites unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that AETN in its sole discretion views as objectionable to the Sites, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or representative of AETN.
e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity, including but not limited to an AETN representative, or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Sites.
i. You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or any of the Sites.
j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another User’s user name(s) or other information, AETN servers, AETN software or areas of the Sites not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by AETN for such purposes.
l. You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and User profiles.
m. You will not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses any Site in a manner that sends more request messages to the AETN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AETN grants the operators of public search engines permission to use spiders to copy materials from any Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AETN reserves the right to revoke these exceptions either generally or in specific cases.
n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from any Site or to use the communication systems provided by any Site for any commercial solicitation purpose.
o. You agree not to solicit, for commercial purposes, Users of the Sites.
AETN neither endorses your products or services or the content of your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials or any crime facilitated by use of the Sites.
9. LICENSE GRANT AND CONTENT
If you download Software from the Sites, the Software is licensed to you by AETN pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. AETN does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but AETN retains full and complete title to the Software and all intellectual property rights therein.
No Content, or trademarks, service marks and logos contained in the Content (collectively, "Marks"), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of AETN or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or use of the Content for any other purpose is a violation of AETN's copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.
Except as specifically permitted in these Terms, you may not, directly or indirectly,: (i) transfer, sell, sublicense, rent or lease the Content, including the Software; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Sites in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Sites (except as local law may permit without violation of local copyright law); and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content and/or Software or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide AETN with evidence of compliance with this Section. Any special rules for the use of the Content, including Software, accessible on the Sites may be included elsewhere within the Sites and are incorporated into these Terms by reference.
The Content of the Sites is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by AETN and material owned or controlled by third parties and licensed to AETN. Except for Content you post to the Sites, title to all Content remains with AETN or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by AETN.
If you send creative ideas, suggestions or materials to AETN that AETN has not specifically requested (collectively, "Submissions"), you grant to AETN and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation, whether of confidentiality, attribution or otherwise, on AETN’s part. All Submissions will be deemed non-confidential and AETN is not liable for any use or disclosure of Submissions. Any unsolicited hard-copy Submissions sent to AETN will not be acknowledged or returned and shall be deemed, and shall remain, the property of AETN.
11. USER CONTENT
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize AETN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Sites and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Sites, you hereby grant AETN a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Sites and AETN’s business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the Sites a non-exclusive license to access your User Content through the Sites and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Sites and under these Terms. You understand and agree, however, that AETN may retain, but not display, distribute or perform, server copies of User Content that have been removed or deleted.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant AETN all of the license rights granted herein; and (b) in connection with User Content, contrary to applicable local, national, and international laws and regulations.
AETN does not endorse any User Content or any opinion, recommendation or advice expressed therein, and AETN expressly disclaims any and all liability in connection with User Content. AETN does not permit copyright infringing activities and infringement of intellectual property rights on its Site. AETN will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. AETN reserves the right to remove Content and User Content without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c).
Any opinions and recommendations expressed on the Sites are those of the person expressing such views and not those of AETN. AETN is not responsible for and does not assume any liability for the comments and opinions expressed by Users. You agree to hold AETN and its affiliates, employees, community administrators and community hosts free of responsibility for any potentially damaging User Content posted by you or other Users or sent through the personal mailbox feature. You acknowledge that AETN does not control the specific content of your messages and personal notes or the messages and personal notes by other Users. Users shall remain solely responsible for their User Content.
12. PUBLIC AND REGISTERED USER AREAS
If you use a Public Area or an area reserved for Registered Users (a “Registered User Area”), you agree that you are solely responsible for your own communications, the consequences of posting those communications and your reliance on communications found in the Public Areas or Registered User Areas. AETN is not responsible for the consequences of communications in the Public Areas or Registered User Areas. Although AETN may from time to time monitor the Content posted on the Sites, AETN is under no obligation to do so. AETN attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior but AETN makes no guarantee with respect to your experience of the Sites. Please notify AETN at firstname.lastname@example.org immediately if you feel that a posted message or image is objectionable. If you feel threatened or believe someone else is in danger, please contact your local law enforcement agency immediately. If you are dissatisfied with communications posted to any Site, your sole recourse is to terminate your use of the Sites.
AETN reserves the right (but is not obligated) to, without limitation and in AETN’s sole discretion,: (a) record the communications in Public Areas and Registered User Areas; (b) investigate any allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication; (c) remove communications which are abusive, illegal, or disruptive or that otherwise fail to conform with the guidelines above or otherwise with these Terms; (d) monitor, edit or disclose any communication in the Public Areas and/or Registered User Areas; (e) edit or delete any communication posted on the Sites; and/or (f) disclose any communication posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards.
13. THIRD PARTY LINKS
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.
It is possible that other web sites and resources provide links to the Sites (whether with or without AETN's authorization). AETN has no control over web sites and resources that provide links to the Sites and you acknowledge and agree that AETN does not endorse such web sites and is not responsible for any links from those web sites or resources to the Sites or for any content, advertising, products or other materials available on such other web sites. You further acknowledge and agree that AETN is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) web sites or resources to which AETN provides links or that provide links to the Sites, or (ii) any content, goods or services available on or through any such web sites or resources.
AETN has the right, at any time and in its sole discretion, to block links to the Sites through technological or other means, without prior notice.
14. DEALINGS WITH THIRD-PARTY PROVIDERS OF GOODS AND SERVICES
16. VIRTUAL CURRENCY
You acknowledge and agree: (a) that AETN may change the price of such virtual currency at any time, without notice, for any reason or for no reason, (b) that the amount of such virtual currency necessary to access certain Site Items may fluctuate, and (c) that AETN has no liability to you for any changes in the price of such virtual currency and/or the amount of such virtual currency necessary to access Site Items.
AETN reserves the right, without prior notification, to limit the quantity of the virtual currency you can purchase and/or to refuse to allow you to purchase such virtual currency. Verification of certain information applicable to a transaction involving such virtual currency and/or Site Items may be required prior to AETN’s acceptance thereof. You acknowledge and agree that AETN shall have no liability for loss of such virtual currency and/or Site Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. AETN may replace certain such lost virtual currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
You may be required to provide AETN or its designated agent with your credit card number or other billing information, and related information, in order to purchase such virtual currency. AETN is not responsible or liable to you for any credit card or bank-related charges and fees related to your commerce transactions on the Sites.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO MONETARY OR REDEMPTION VALUE AND THAT SUCH VIRTUAL CURRENCY AND SITE ITEMS MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE SITES IF, WHEN AND TO THE EXTENT ALLOWED BY AETN, IN ITS SOLE DISCRETION.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO VIRTUAL CURRENCY AND/OR TO SITE ITEMS, AND REGARDLESS OF ANY SIMILARITY BETWEEN SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS AND ACTUAL CURRENCY AND/OR ACTUAL ITEMS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THIS AGREEMENT REGARDING SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS, ANY RIGHT OF ACCESS TO SUCH VIRTUAL CURRENCY AND/OR SITE ITEMS, OR ANY RIGHT TO ANY DATA STORED BY OR ON BEHALF OF AETN.
17. SWEEPSTAKES, CONTESTS AND PROMOTIONS
If your ability to access the Sites and/or any other service, product, content, course, event, tool or digital product provided to you by AETN is discontinued by AETN due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Sites, then you agree that you shall not attempt to re-register with or access the Sites and/or any other digital product, course content or service provided by AETN, through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. If you violate the immediately preceding sentence, AETN reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) - (e) of this Section without any notice or warning to you.
A Registered User may delete his/her registration information at any time by sending an email (including username and password) to email@example.com. AETN may, in its sole discretion, terminate a Registered User if he/she has been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into any Site with her/his user name and password or she/he has not called AETN’s customer service or contacted AETN in any other manner.
19. SYSTEM OUTAGES
THE CONTENT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO CONTENT PROVIDED IS INTENDED TO BE USED AS, OR SHOULD BE CONSTRUED AS PROVIDING, THE PRIMARY BASIS FOR AN INVESTMENT DECISION OR AS REFLECTING RECOMMENDATIONS TAKING INTO ACCOUNT YOUR INDIVIDUALIZED REQUIREMENTS. ANY INVESTMENT CARRIES WITH IT RISK. PAST PERFORMANCE DOES NOT AND CANNOT GUARANTEE FUTURE RESULTS. AETN DISCLAIMS ANY WARRANTY OR LIABILITY WHATSOEVER FOR ACTIONS YOU MAY TAKE AS A RESULT OF ACCESS TO THE AETN SITES. ALTHOUGH CONTENT IS GATHERED FROM SOURCES AETN CONSIDERS RELIABLE, AETN DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, EFFICACY OR USE OF SUCH CONTENT. NEITHER ACCESS TO NOR USE OF THE AETN SITES OR ANY CONTENT CONTAINED THEREIN ARE INTENDED AS OR SHALL CONSTITUTE (A) ANY INVESTMENT ADVICE OR ADVERTISEMENT, (B) AN OFFER, OR A SOLICITATION OF ANY OFFER, BY AETN FOR THE PURCHASE OR SALE OF ANY INVESTMENT, SECURITIES OR OTHER PROPERTY, OR (C) A REPRESENTATION THAT ANY INVESTMENT, SECURITY OR OTHER PROPERTY IS SUITABLE FOR YOU OR OTHERS.
NO CONTENT PROVIDED IS A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF THE HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. AETN DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON THE CONTENT IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
21. LIMITATION OF LIABILITY
AETN IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF AETN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
24. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send AETN 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 with respect to this website should be sent to AETN's Copyright Agent:
David Sternbach, Litigation & Intellectual Property Counsel
AETN suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AETN online customer service or you can reach AETN by telephone at 212.424.7122. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
25. USER DISPUTES
26. PARENTAL CONTROLS
27. USERS FROM OUTSIDE THE UNITED STATES
The Sites are controlled and operated by AETN from the United States. AETN does not represent or warrant that the Sites, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Sites and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. AETN may limit the availability of the Sites, in whole or in part, to any person, geographic area or jurisdiction that AETN chooses, at any time and in AETN’s sole discretion.
28. MOBILE TERMS AND CONDITIONS
(a) You agree that are solely responsible for all Message&Data charges that you incur from your mobile service provider for your use of the Mobile Sites. These charges may include standard and premium SMS charges and may be recurring or one-time. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Supported carriers include Alltel, AT&T, Boost, Dobson, Nextel, T-Mobile, Sprint, VerizonWireless, US Cellular.
You may "opt out" of receiving future messages by texting “STOP” to 424688. To receive help at any time, text HELP to 424688, call 800-381-5213 or send an email to firstname.lastname@example.org.
(b) AETN reserves the right, for any reason and in its sole discretion, to modify, suspend or discontinue any of the Mobile Content, the Mobile Sites and your use thereof without prior notice. The Mobile Sites are offered on an "as is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider.
(c) AETN does not warrant or represent that your use of Mobile Content will not infringe rights of third parties not owned by or affiliated with AETN. The trademarks, logos and service marks displayed in the Mobile Content are registered and unregistered trademarks of AETN and others. Nothing contained in the Mobile Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and service marks displayed in the Mobile Content without the written permission of their owners. You should assume that everything you see or read on the Mobile Sites is copyrighted unless otherwise noted and may not be used except as provided in these Mobile Terms without the written permission of AETN. Your misuse of the trademarks, logos and service marks displayed on the Mobile Sites except as provided in these Mobile Terms and the Web Terms may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited. You also are advised that AETN will aggressively enforce its intellectual property rights to the fullest extent of the law, including by criminal prosecution.
(d) While we use reasonable efforts to include accurate and up-to-date information in the Mobile Content, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any error or omission in the Mobile Content.
(e) Your use of the Mobile Sites is at your own risk. Neither AETN nor any other party involved in creating, producing or delivering the Mobile Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Mobile Sites. Without limiting the foregoing, everything on the Mobile Sites is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. AETN encourages you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties. AETN is not responsible for any damage to your mobile device that may occur from your use of the Mobile Sites. AETN also does not assume any responsibility, and shall not be liable for, any damage to or virus that may infect your computer equipment or other property as a result of your use of the Mobile Sites, including the downloading of Mobile Content. Further, AETN has not reviewed all the sites linked to the Mobile Site and is not responsible for the content of any other site linked to the Mobile Site. You link to off-site content at your own risk.
(f) AETN and its affiliated companies, subsidiaries, advertising agencies and any other entity involved in the Mobile Content available on the Mobile Sites ("Released Parties") are not responsible for and shall not be liable for any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Sites, including but not limited to (i) errors in transmission, including but not limited to any incomplete, lost, late, stolen, delayed, misdirected or garbled message or failure to receive messages; (ii) service outages or delays or for any human or other errors or problems of any kind or technical or electrical malfunctions of any computer, network, telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any web site or combination thereof; (iii) injury or damage to your or to any other person's computer or wireless device related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to your use of the Mobile Sites; and/or (iv) failures or malfunctions of wireless phone/headsets and other devices, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. Released Parties are not responsible for and shall not be liable for any condition caused by events beyond the control of Released Parties that may cause the Mobile Sites to be disrupted or corrupted or for typographical or other errors in the printing, the offering or the administration of these Mobile Terms. By using the Mobile Sites, you assume all liability for any injury or damage caused or claimed to be caused by your use of the Mobile Sites and release and hold the Released Parties harmless from any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Sites.
(g) Software available from the Mobile Sites may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Mobile Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading Mobile Content and otherwise using the Mobile Sites, you 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.
AETN reserves the right to modify these terms and AETN's Policies from time-to-time, in its sole discretion. Please check back periodically for modifications. Your continued use of any of the Mobile Sites will constitute your acceptance of such modifications. In the event of conflict between the Mobile Terms and the Web Terms, the Mobile Terms will govern.
Notices: Any notice or other communication required or permitted to be made under these Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of the AETN, below, or (ii) in the case of the User, the address provided by the User upon registration. Either party may from time to time change its address for receiving notices in writing, or its electronic address, in the case of AETN, by posting a change of address on the Site or, for either party, by sending a notice to the other party in writing or by electronic means promptly confirmed in a writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of AETN, below, or (2) in the case of the User, the electronic address provided by the User upon registration. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. AETN also may broadcast notices, messages or other matters of importance on the Sites; such broadcasts shall constitute notice to all Users.
Governing Law: These Terms are governed and interpreted in accordance with the laws of the State of New York and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state's or nation’s laws.
Arbitration: THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms or to your use (or inability to use) any of the Sites shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of these Terms. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York. The arbitrator's decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude AETN from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in New York County in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
No Rights of Third Parties: These Terms does not create rights enforceable by third parties.
Other: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party's successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without AETN's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms 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, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and AETN with respect to your use of the Sites and supersedes all prior or contemporaneous communications and proposals between you and AETN regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. CONTACTING AETN
31. NOTICE TO CALIFORNIA RESIDENTS
To file a complaint regarding the website or to receive further information regarding use of the website. send a letter to the above address, contact AETN via e-mail or telephone AETN at 212.424.7122 (Viewer Relations). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.