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LikeTelevision DOWNLOAD SERVICE Agreement and Terms of Use

BY CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS SERVICE.
IF YOU DO NOT AGREE, EXIT NOW

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LikeTelevision DOWNLOAD SERVICE Agreement

THIS LikeTelevision DOWNLOAD SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE END USER ("YOU," "YOUR" OR "YOURSELF"), AND LikeTelevision, Inc. ("OUR," "US," "WE" OR "LikeTelevision"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE LikeTelevision VIDEO DOWNLOAD SERVICE ("DOWNLOAD SERVICE"). BY AGREEING TO PURCHASE THIS DOWNLOAD SERVICE, YOU CONSENT TO BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS THAT FOLLOW, WHICH ARE NOT SUBJECT TO ALTERATION OR MODIFICATION BY YOU. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE PURCHASE PROCESS.

1. ENROLLMENT and PURCHASE of DOWNLOAD SERVICE

1.1 LikeTelevision currently provides a web site for viewing video, animations, audio entertainment in streaming or downloadable formats, text and images (the "Content"). Consumers may enroll and purchase media using the LikeTelevision DOWNLOAD SERVICE ("DOWNLOAD SERVICE"). The DOWNLOAD SERVICE allows users to download digital media files, and subject to certain limitations as described herein, you are granted the rights to access and view our Content. In order to use the DOWNLOAD SERVICE, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download or stream and view or listen to the files. You must be at least 18 years of age to purchase or use the DOWNLOAD SERVICE for individual titles.

2. MODIFICATION

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at Terms of Use Page. You should visit this page from time to time to review the then-current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement and destroy the media files you downloaded. The single back-up copy must also be destroyed. Your continued use of the DOWNLOAD SERVICE following our posting of a change notice or new agreement on the LikeTelevision Site will constitute your binding acceptance of the change.

3. YOUR REGISTRATION AND SECURITY OBLIGATIONS

3.1 You agree to provide true, accurate, current and complete information about yourself as prompted by the DOWNLOAD SERVICE registration process (such information being the "Registration Data").

3.2 Once you purchase the DOWNLOAD SERVICE for a particular media title, you will be sent to a custom URL to download the requested media file. You are solely and entirely responsible for maintaining the confidentiality of your custom URL. You agree that you will use your best efforts to prevent access to our Site through your custom URL by third parties, including but not limited to, keeping such information strictly confidential, notifying us immediately if you discover loss or access to such information by another party not under your control and supervision. You are not permitted to disclose or reveal access portals or IP addresses for the Site that in any way provide you or anyone improper or illegal access to the Site. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the DOWNLOAD SERVICE cannot be guaranteed.

3.3 You agree that you will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that LikeTelevision will pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.

4. LikeTelevision PRIVACY POLICY

4.1 Pursuant to the LikeTelevision Privacy Policy, LikeTelevision may occasionally release aggregate Registration Data about user trends to third parties, such as a demographic breakdown of our average user. (i.e. - 82% are male, during March 2001). However, we will not give out individual information unless we are required to do so by law.

4.2 As an additional security measure, LikeTelevision logs user IP Address, Hostname and Proxy (if applicable) as part of the registration process. This information is also logged when a user requests DOWNLOAD SERVICE content. We use this information to notify us of any unauthorized use of your account or any other breach of security. The LikeTelevision Privacy Policy is set forth at the Privacy Policy Page and may be amended at any time in our sole discretion.

5. TECHNOLOGICAL AND USE LIMITATIONS

5.1 LikeTelevision will make commercially reasonable efforts to keep the LikeTelevision Site operational. However, from time to time, certain technical difficulties may result in temporary service interruptions. LikeTelevision reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the DOWNLOAD SERVICE, including access to particular Content, with or without notice. You agree that LikeTelevision shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the DOWNLOAD SERVICE.

5.2 The DOWNLOAD SERVICE has been developed to allow individual end users the opportunity to search, interact and experience a broad catalog of entertainment at a very reasonable price. LikeTelevision provides access to Content at this Site as a service to Members for personal use only, and such Content is not intended for trading purposes. DOWNLOAD SERVICE fees charged by LikeTelevision are for underwriting the cost of bandwidth, high-powered servers and related hosting expenses, and for the use of our streaming technology. LikeTelevision does not sell, and you are not purchasing, a license to view or use Content. By enrolling in the DOWNLOAD SERVICE, you acknowledge and agree that you have no right to provide any files obtained through the DOWNLOAD SERVICE to any other party or through any other means. By way of example, and not limitation, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content for public or commercial purpose, in whole or in part. You may make only 1 back-up copy of any file obtained through the DOWNLOAD SERVICE for your own personal use.

5.3 Because the DOWNLOAD SERVICE is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. LikeTelevision reserves the right to immediately and permanently terminate your access to the Service if LikeTelevision believes that you are violating such limitation.

6. TERM, FEES AND PAYMENTS

6.1 By registering for the DOWNLOAD SERVICE, you agree to the fee designated for the costs associated with providing this service. DOWNLOAD SERVICE level descriptions:

listed on video titles pages where available. Pricing information on available titles is listed on the purchase page.

6.2 Payment must be made by a major credit card accepted by Pay Pal or with a standard Pay Pal account. LikeTelevision uses the Pay Pal service to handle financial transactions for our DOWNLOAD SERVICE. As such, you are not providing LikeTelevision with any credit card information and we do not have or keep any such records on our subscription users. Currently, Pay Pal accepts VISA and MasterCard. Cash is not accepted. Your card issuer agreement governs your use of your designated card in connection with the DOWNLOAD SERVICE, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT LikeTelevision, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

6.3 The Fee for the DOWNLOAD SERVICE is non-refundable. Users may terminate their agreement at any time, but LikeTelevision does not offer any guarantee. NO REFUNDS OR PARTIAL REFUNDS ARE PROVIDED FOR ACCOUNTS THAT ARE TERMINATED BY THE SUBSCRIBER OR BY LIKETELEVISION.

6.4 You agree to pay LikeTelevision all reasonable attorney's fees and costs incurred by LikeTelevision to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your DOWNLOAD SERVICE account.

6.5 You are responsible for paying any governmental taxes imposed on your use of the DOWNLOAD SERVICE, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the DOWNLOAD SERVICE.

6.6 LikeTelevision RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY LikeTelevision, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT: Subscribe Page. LikeTelevision MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your DOWNLOAD SERVICE, as provided in Section 7 below. YOUR CONTINUED USE OF THE DOWNLOAD SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

7. TERMINATION

7.1 You agree that LikeTelevision, in its sole discretion, may terminate your account (or any part thereof) or use of the DOWNLOAD SERVICE for any reason, including, without limitation, if LikeTelevision believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. LikeTelevision may also in its sole discretion and at any time discontinue providing the DOWNLOAD SERVICE or access to particular Content, or any part thereof, with or without notice. You agree that any termination of your access to the DOWNLOAD SERVICE or to particular Content under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that LikeTelevision may immediately deactivate or delete your account and/or bar any further access to the DOWNLOAD SERVICE. If your right to use this Site and access the Content is terminated due to the violation by you of any part of this Agreement, you must immediately destroy or delete any copies you have made of any Content. You further agree that LikeTelevision shall not be liable to you or any third-party for any termination of your access to the DOWNLOAD SERVICE.

7.2 You agrees that sections 2 and 4 through 11 shall survive this Agreement and continue in full force and effect in the event of termination of this Agreement for any reason.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Only you may access the DOWNLOAD SERVICE using your custom URL, unless otherwise agreed to in writing by LikeTelevision. The content available through the DOWNLOAD SERVICE is the property of LikeTelevision or its licensors and is protected by copyright and other intellectual property laws. Content received through the DOWNLOAD SERVICE may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the DOWNLOAD SERVICE to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of LikeTelevision. You agree to indemnify and hold harmless LikeTelevision for your failure to comply with this Section 8.1.

8.2 All Content, which includes, without limitation, articles, films, media files, reviews, software, and source code on the LikeTelevision Site is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of LikeTelevision and its Content providers. You acknowledge that LikeTelevision retains exclusive ownership of the DOWNLOAD SERVICE and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the DOWNLOAD SERVICE or its contents, and LikeTelevision reserves all rights not expressly granted hereunder. You shall promptly notify LikeTelevision in writing upon your discovery of any unauthorized use or infringement of the DOWNLOAD SERVICE (or its contents) or LikeTelevision's patent, copyright, trade secret, trademarks or other intellectual property rights. The DOWNLOAD SERVICE contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

8.3 Unless otherwise specified, the Content in the Site is presented solely for the purpose of promoting products and providing "information" available in the United States, its territories, possessions, and protectorates. LikeTelevision may change, add, or delete Content in this Site at any time without notice. This Site is controlled and operated by LikeTelevision from its offices within the State of North Carolina, United States of America. LikeTelevision makes no representation that Content in the Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.

8.4 LikeTelevision claims copyright, trademark, and proprietary rights in each of its proprietary software products, services, and Content, subject only to superior rights, if any, of LikeTelevision's licensors. LikeTelevision's trademarks may be used publicly only with advance written permission from LikeTelevision. Fair use of LikeTelevision's trademarks in advertising and promotion of LikeTelevision products requires proper written acknowledgement. Other brands and names are the property of their respective owners.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE DOWNLOAD SERVICE IS AT YOUR SOLE RISK. THE DOWNLOAD SERVICE, AND ALL MATERIALS AND CONTENT PROVIDED OR ACCESSIBLE AT THE LIKETELEVISION SITE, IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE DOWNLOAD SERVICE, THE LIKETELEVISION SITE AND THE PRODUCTS, SERVICES OR CONTENT OFFERED THROUGH THE LIKETELEVISION SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL LIKETELEVISION, ITS SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, AND INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE DOWNLOAD SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

11. MISCELLANEOUS

11.1 LikeTelevision administers this Site from its offices within the United States of America. You may not use or export Content or materials provided in violation of U.S. export laws and regulations.

11.2 This Agreement is governed by the laws of the State of North Carolina, U.S.A., without regard to its conflicts of law provisions. You hereby consent to the personal jurisdiction of and venue in the federal and state courts located in Charlotte, North Carolina, U.S.A. in all disputes arising out of or relating to the DOWNLOAD SERVICE, and waive any objection you may have with respect to any of the foregoing. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Notwithstanding any of the foregoing, LikeTelevision reserves the right to commence an action in your home state in regard to any aspect of this Agreement.

11.3 Use of the DOWNLOAD SERVICE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. You shall not use the DOWNLOAD SERVICE in any manner contrary to local, state or federal law. LikeTelevision expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your DOWNLAOD SERVICE immediately upon notice for your failure to comply with any such local, state or federal law.

11.4 You agree to defend, indemnify and hold harmless LikeTelevision, its licensors, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post in connection with the use of or otherwise related to this Site or any use of the Content by you or under your control. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DOWNLOAD SERVICE or information provided to or gathered by us with respect to such use.

11.5 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the DOWNLOAD SERVICE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the DOWNLOAD SERVICE. A printed version of this Agreement 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.




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