AMCTV.com TERMS OF USAGE
The following Terms of Usage (“Terms”) provides visitors with the policies and restrictions that govern access and use of all
of the American Movie Classics Company LLC websites. The terms “visitors” and/or “you” are used to include any person who
accesses this website at any time.
- I. Agreement to these Terms
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THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AMERICAN MOVIE CLASSICS COMPANY LLC (REFERRED TO HEREIN AS “COMPANY,” “WE,”
“US,” OR “OUR”) GOVERNING YOUR ACCESS AND/OR USE OF THIS WEBSITE. YOU MUST READ THESE TERMS IN THEIR ENTIRETY.
Your access or use of this website constitutes your agreement to be bound to these Terms, which includes any restrictions
posted on site pages or any changes that may exist when you re-access our website. If you do not agree with these Terms, do not
use this site. Discontinuing use of this site shall not modify any Terms that apply to prior uses on the site.
Personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in these Terms by reference.
- II. Agreement to Changes or Updates
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We reserve the right to make changes and update any information or Content contained on this website and/or Terms without
prior notice. Any changes to these provisions will be incorporated into revised Terms that we will post on this website.
Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access
or re-access the site.
- III. Website Ownership
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This website is owned and operated by American Movie Classics Company LLC (“Company”). Company, its parent company, CSC
Holdings, Inc. and other entities under common ownership or control with Company (“Affiliates”) or parties that have granted us
specific usage authorizations (“Licensors”) own the logos, images, text, tools, graphics, marks, names, photographs, sound,
illustrations, design elements, materials, codes and software (collectively “Content”) displayed or posted on this website.
Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
- IV. Violations and Termination
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Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion,
in the termination of visitor site participation, registrations and/or our pursuit of any legal damages or remedies. If
necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our
website, the Content, the Company, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to
prevent unauthorized access or use of this website or Content. We retain the right to deny access to our website, in our sole
discretion, to any visitor for any reason, including for any violation of these Terms.
- V. Website Participation and Registration
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Participation on this website is voluntary. You must be thirteen (13) years of age or older to participate in site
offerings and registrations. You may also be required to meet an older minimum age requirement and agree to additional
rules and terms posted on our site for participation in certain contests, sweepstakes, special events, or additional service
offerings. You may discontinue site registrations by following unsubscribe or opting out instructions contained on the site or
in applicable electronic communications from us.
Site offerings may allow you to provide us with certain personal information. Visitors are responsible for providing us with
accurate and current information. Visitors shall not mask their identity by providing information, email or another person's
name or email that the visitor is not authorized to provide. If you provide us with any information you are not authorized to
provide, we may suspend or terminate your site registration or participation and pursue any other legal remedies.
- VI. Protection of Passwords and Registration information
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Registration for certain site features may require you to select a password or provide other registration information. You
are responsible for maintaining the confidentiality of any passwords or other registration information that you provide to us
when registering for website activities, features, or service offerings. You agree to notify us of any unauthorized use of your
password or other registration information immediately after you become aware of such use, and further agree to indemnify and
hold Company, its parents and Affiliates harmless from any claim, action or damages related to such use.
- VII. Restrictions on Use of Content
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Use of Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download,
reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use,
adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided
herein. Visitors may print, download or transmit to a personal device the Content from this site only for personal and
non-commercial use, provided that the visitor keeps intact all Content, including any copyright, trademarks, service
marks or other proprietary notices and credit lines that appear with or on the site Content. Any use, copying, downloading,
reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall
be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company trademarks, trade
names, service marks or logos without the prior written permission of Company.
Visitors expressly agree not to engage in any use or activity that:
- interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of this web site, Content or
any site service, including any associated software, hardware, or telecommunications or wireless equipment;
- manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other
information;
- infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of
any Content;
- contains unauthorized advertising, advertises Content as your own or solicits other visitors;
- promotes any business or commercial activity for any products, goods or services without prior written consent from
Company;
- impersonates any business or entity, or falsely represents your affiliation with a person or entity;
- causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
- contains off-topic information;
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
- otherwise violates Company policies or the Terms of this Agreement.
Company has established access areas or site services where certain visitors may be permitted to download or use specific
information or Content for purposes other than provided herein. This limited access and usage is a feature of a specific site
service and is not intended to give up any of our rights to protected Content and information on this site or that is otherwise
owned by Company, its parent or Affiliates. Company, its parents and Affiliates reserve any rights to pursue any causes of
action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content
restrictions and/or these Terms.
- VIII. Software Downloads
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In the event a feature of this site authorizes the download of certain software from this site or another electronic device,
the software, including any files, images, graphics or Content incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal,
noncommercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the
Software is viewable or recorded, but we (or our third-party licensors) retain full and complete title to the Software and all
intellectual property rights therein. Although you may transmit or download certain Content accessible via the Software, you may
not sell, auction, decompile, reverse engineer, disassemble, redistribute for commercial purposes or otherwise reduce the
Software to a human-readable form. You are also solely responsible for the Software’s compatibility, ability to function and
interface with your medium or electronic device.
- IX. Prohibitions on Framing and/or Posting
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Visitors are prohibited from (i) framing any portion of AMC web sites other than the content expressly made available to
visitors for that purpose; (ii) posting banners, advertising or other links on the AMC web site pages; or (iii) using any Content
or site logos for purposes beyond personal use, without the express written permission of Company. Written requests for framing,
site postings, advertising or Content usage should be sent to info AT amctv DOT com.
Visitors may encourage others to access the information appearing on our site or available through other electronic devices.
You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any
affiliation, connection, sponsorship or approval by Company. You may not bypass registered areas of our site and hyperlink to
protected pages.
- X. Electronic Communications
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When communicating to us electronically through our website or via email, any personal information transmitted to us will be
protected in accordance with our Website Privacy Policy.
We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of
non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture ideas, plans, services,
products or the like by Company its parents or Affiliates for any purpose; and we shall be free to reproduce, use, disclose and
distribute such information to others without liability or restriction.
- XI. Interactive Areas
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We may provide access to interactive areas on our website or through site services, such as chats and discussion boards, user
content areas and talk forums (collectively identified as “Interactive Areas”). These Interactive Areas are public areas and
may be owned, operated and/or managed by entities other than Company. These entities may share transcripts of Interactive Areas
with Company, its parent, Affiliates and other third parties.
Visitors must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an
Interactive Area and the Terms herein, the rules of the Interactive Area will govern.
Company reserves the right to remove any content, chats, discussion boards or any other content posted on Company website that
Company, in its sole discretion.
Postings are the responsibility of the person from whom such postings originate. You represent and warrant that you are the
owner of, have the right to provide, and are responsible for any information, materials or images that originate from you or your
account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over this
website, in Interactive Areas or through other electronic devices. You grant Company, its parent and Affiliates an irrevocable,
royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to
distribute any information that you post, upload or transmit in areas of our website or through any site services.
Submissions or postings to Interactive Areas will be made public. If a posting, message or other transmission originates from
you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and
warrant that the posted or transmitted information (i) does not violate or breach the Terms of this Agreement; and (ii) is for
noncommercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity.
Visitors also expressly agree not to use Interactive Areas to make available any information or content that violates the
restrictions contained in Section VII above or that disrupts or incites others to violate our standards, any laws or these
Terms.
For increased security, we encourage you to not include any personal information about yourself or others in
Interactive Areas, such as name, phone number, email or street address. You should always use a screen name or other alias
(other than your real name) to identify yourself in any public or Interactive Areas.
Company, its parent, Affiliates and any content providers that conduct, operate and/or manage Interactive Areas will not be
responsible or liable for the actions or postings of any visitors or third parties with respect to any information, materials or
content posted, uploaded or transmitted in Interactive Areas. Company reserves the right, but has no obligation, to change,
delete or remove, in part or in full, any postings on any portion of our website or in Interactive Areas. Company may also
terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates
applicable laws and/or these Terms.
- XII. Wireless Services
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Company may provide visitors with the opportunity to register for special services, news, programming or other information
delivered via text messaging or imaging over wireless devices, such as mobile phones. When registering for such service(s),
visitors consent to the delivery and receipt of any such information from Company or its third party service providers over the
wireless device as specified by the visitor. The visitor shall provide wireless device contact information through a mobile
device number, wireless email or other contact information. Additional information, such as the visitor’s wireless carrier, may
also be requested to complete the registration. Visitors are solely responsible and liable for any information provided when
registering for wireless services and for any fees or charges applied by the visitor’s wireless carrier for all messages or
images sent to the visitor from Company or its authorized third party providers. Under no circumstances will Company, its
parents or Affiliates be responsible or liable for any wireless carrier fees or charges incurred by a visitor or a third party
that has access to a wireless device, telephone number or email address, including for third parties that receive information
from Company as directed by a visitor’s registration for such service.
Certain activities or services available through wireless or other electronic devices may involve: (i) communications over
various networks, servers or devices prior to reaching its intended recipient; (ii) changes to adapt to multiple security
requirements; and (iii) changes to adapt to technology requirements of various networks. Visitor understands that such automated
communications and changes are beyond the control of Company once Content or other information leaves the Company network or
servers. Company, its parents and Affiliates are not liable or responsible for any consequence or damage resulting, directly or
indirectly, from such automated communications or changes.
Visitors must comply with any additional end user licensing restrictions in connection with wireless services. You understand
and agree that Company, at its sole discretion, may discontinue or terminate any wireless or other services at any time and
without notice.
- XIII. Accuracy of Information
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Company uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and the operation
of the site and certain service offerings; however, the site and service offerings may occasionally contain Content, information
or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding Content,
website, or service accuracy, validity, correctness, timeliness, reliability or that usage will be error-free. Site
information may not be updated on a daily basis and may not be the most current information available. Although we may post
updated information on our site, we may continue to allow access to the original information or Content, or we may not go back
and change the original information to reflect new developments. You should independently confirm any information appearing on
our site. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content
or information appearing on our site.
- XIV. DISCLAIMER OF WARRANTIES
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THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR
RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. COMPANY DOES NOT
WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
- XV. LIMITATION OF LIABILITY
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NEITHER COMPANY, NOR ITS PARENT, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY
KIND WHATSOEVER TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO
THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR
OFFERING ON THE SITE; (III) ANY FAILURE OR INTERRUPTION OF THIS SITE; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT
INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (V) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR
INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR
UPLOADED ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG,
TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR’S FAILURE
TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF
COMPANY ITS PARENT, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL COMPANY, ITS PARENT,
AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF COMPANY, ITS PARENT OR AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY THEREOF.
- XVI. Leaving Our Website
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When you click on any link that takes you outside of our website, your use of the Internet will be governed by the terms of
usage and privacy policies, if any, of the particular website that you are accessing. COMPANY, ITS PARENT, AFFILIATES, MEMBERS,
EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF
USAGE OF OTHER WEBSITES.
- XVII. INDEMNIFICATION
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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND
AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR
VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SITE SERVICES AND/OR ANY CONSEQUENCES ARISING OUT
OF YOUR ACCESS OR USE OF THIS WEBSITE, SITE CONTENT OR ANY SITE SERVICES.
- XVIII. Affiliates and Partners
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Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates,
partners or sponsors.
- XIX. Third Party Links
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Our website may contain links or banners to other sites or resources on the Internet that are controlled by third parties.
These links are provided solely as a convenience to our visitors and do not constitute an endorsement, recommendation or
certification by Company, its parents or Affiliates of any third party site, resources, content, products or services. Any
concerns regarding external links or other websites should be directed to the respective website operator. You acknowledge and
agree that:
- Any information posted on our website regarding third party offers are for information purposes only;
- All third party postings on our website have been provided by a third party operator/provider and we do not warrant its
quality, accuracy or completeness;
- All visitor transactions with third parties are solely between the visitor and the third party.
Company reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
- XX. Advice, Opinions and Other Third Party Information
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Our website allows for entertaining communication to and with its visitors. The Company site and site services may contain
facts, views, opinions and statements of Company, its parents, Affiliates, employees, agents or independent third parties. We do
not represent or endorse the accuracy, reliability, appropriateness or truthfulness of any advice, opinion, statement or other
information or images displayed or distributed through our website or site services. Statements or other information posted by
third parties also do not reflect the views, opinions or beliefs of Company, its parents or Affiliates and are not intended to
replace or provide any medical or other professional diagnosis, treatment, claim, advice or recommendation. You acknowledge and
assume all risks and liability associated with your review, use, reaction or reliance on any statements, opinions or other
information posted or transmitted by third parties on our site or in site services.
- XXI. Copyright Information and Infringement Concerns
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The Copyright for this site is held by American Movie Classics Company LLC. All rights reserved.
If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or
your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of
1998 (DMCA). Notices should be sent to:
American Movie Classic Company LLC
11 Penn Plaza
New York, NY 10001
Attention: Webmaster
Email: info AT amctv DOT com
Facsimile: 212-324-4703
- XXII. Choice of Law and Forum
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This website is originated and located in the United States, and these Terms shall be governed by and construed in accordance
with the laws of the State of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law
provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative
and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms
or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the State of New
York, and you hereby submit to the personal jurisdiction of such courts.
- XXIII. Validity of these Terms
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If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent
with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and
effect.
- XXIV. Full Understanding
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These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to
access and usage of this website and Content posted on the site. No action of ours, other than an express written waiver or
update to these Terms, may be construed as a waiver of any part of these Terms. In the event Company waives or updates any
specific provision of these Terms, all other portions will remain intact.
Posted: December 2009
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