TERMS OF USE

Please read these Terms of Use carefully before using this site. By accessing the BBC America.com site, you signify your agreement with these Terms of Use, which take effect from the date on which you first use the site. If you do not agree with any of the below Terms of Use, do not use this site. New Video Channel America, LLC, operator of BBC America ("BBC") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree that you are responsible for reviewing these Terms of Use on a periodic basis.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by BBC or by other parties that have licensed their material to BBC ("Copyrights"). EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM BBCAMERICA.COM OR ANY WEB SITE OWNED, OPERATED, LICENSED OR CONTROLLED BY BBC ("BBC Web Sites") MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited. To the extent necessary, the BBC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") for use in association with the BBC America.com site only, provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not store, sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from BBC or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

LINKED SITES

The BBC America.com site contains links to third party web sites, including some sites with which BBC America may be affiliated. These linked sites are not under the control of BBC and BBC is not responsible for the content of the linked site or any link contained in the linked site. These links are provided for convenience only and the inclusion of the links does not imply any endorsement of the linked site by BBC. You access these sites at your own risk.

DISCLAIMER

The materials in BBC's Web Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BBC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BBC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that BBC's Web Sites or the server that makes them available are free of viruses or other harmful components. BBC is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the material contained on this site. BBC does not warrant or make any representations regarding the use or the results of the use of the materials in BBC's Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not BBC) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The names, images and logos identifying BBC, the British Broadcasting Corporation, any affiliated company or third parties and their products and services are proprietary marks of BBC, any affiliated company or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of BBC, the British Broadcasting Corporation or any other third party. The material that you read in BBC's Web Sites is provided solely for entertainment and promotional purposes. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. The information and opinions expressed in Discussions, Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those of BBC or its affiliated or related entities or content providers and BBC makes no representations or warranties regarding that information or those opinions. Furthermore, neither BBC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in BBC's Web Sites. Notwithstanding the foregoing, in no event shall BBC's total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by you, if any, for accessing this site.

SUBMISSIONS

Although we welcome your comments to this site, which can be made by clicking on the 'Contact Us' box on the home page or by accessing the following link http://www.bbcamerica.com, BBC does not accept unsolicited submissions for its shows, sites and other products. Therefore, you agree not to make any such submissions to BBC through this site or otherwise including story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms of Use, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of BBC throughout the universe and BBC shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. While we appreciate your comments, BBC cannot make a guarantee that it will respond to your messages. When you submit material to BBC's Web Sites, you agree that BBC has the right to publish the material for any type of use as outline above including promotional and advertising purposes.

RULES FOR DISCUSSIONS, BULLETIN BOARDS AND CHATROOMS

BBC is not responsible for any material posted on the Discussion Areas, Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums"). You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

• libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening;

• infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks;
• advocates illegal activity; or

• advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

You agree to indemnify BBC for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-Approved Material or your failure to comply with these Terms of Use. While BBC does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, BBC reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

BBC Online will fully cooperate with any law enforcement authorities or court order requesting or directing BBC to disclose the identity of anyone posting any such e-mails or materials.

MODERATION

BBC America commissions the services of a 3rd party moderator who regularly "sweep" the message boards and delete messages that violate the Terms of Service.

We do ask that our users do not:

• Post personal information (yours or anyone else's), including, but not limited to, last names, phone numbers and e-mail addresses
• Impersonate anyone (another user, an artist, a celebrity, an BBC employee, etc.)
• Make personal attacks on other users
• Make libelous, defamatory, obscene, pornographic, threatening, abusive or harassing comments
• Post advertisements or solicitations of services or goods
• Post chain letters
• Post unauthorized copyrighted material
• Use language or make statements that endorse drug abuse, alcohol abuse, illegal activities or hatred
• Post off-topic information
• Flood a message board or chat room with repetitive posts
• Post other information that BBC America decides (in its sole discretion) is inappropriate for the site
• Include hyperlinks
• Post anything that includes vulgar, obscene or indecent language or images

BBC America reserve the right to suspend discussion board accounts for violations of these guidelines.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in BBC Web Sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by BBC from its offices within the State of Maryland, United States of America. BBC makes no representation that materials in BBC's Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or BBC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the borough of Manhattan, New York, and you expressly consent to the jurisdiction of said courts. If there is any conflict between these Terms and Conditions and rules and/or specific Terms of Use appearing on this site relating to specific material then the latter shall prevail. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by BBC.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent possible and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions, and the remaining Terms and Condition shall survive, remain in full force and effect and shall continue to be binding and enforceable.

DENIAL OF ACCESS

BBC, for any reason and at its sole discretion, may decide that any person shall be denied access to any BBC Web Site (a "Denial"). The sending of an e-mail notice by BBC to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of any BBC Web Site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access any BBC Web Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. BBC has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office.

• Full Legal Name of Service Provider: New Video Channel America, LLC

• Alternative Names of Service Provider: BBC America, bbcamerica.com

• Name of Agent Designated to Receive Notification of Claimed Infringement: Parule Basu-Barua

• Telephone Number of Designated Agent: 301-347-2210

• Facsimile Number of Designated Agent: 301-656-8591

• Email Address of Designated Agent: Parule_Basu_Barua@discovery.com

The United States Copyright Office's Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at http://www.loc.gov/copyright/onlinesp/list/index.html

BBC AMERICA PRIVACY POLICY

The following is the Privacy Policy of New Video Channel LLC which, for the purposes of these terms is referred to as either BBC America or BBCAmerica.com.

BBC America supports a general policy of openness about personal data collection and use and so we have adopted this Privacy Policy as part of our commitment to protecting your personal information from misuse.

BBC America collects both personal information and aggregated information on our Web sites.

PERSONAL INFORMATION

You are under no obligation to provide personal information in order to use any of our services. We collect personal information only when you provide it to us for example in answering surveys; entering contests, quizzes and/or sweepstakes; registering to receive information from us; participating in message boards or chats; purchasing items via promotions or from us; and taking part in other promotional opportunities. You may be asked to provide your contact information (such as your name, postal address, telephone numbers and/or email address), financial information (such as credit card numbers), and demographic information (such as your Zip code, age, or income level).

Please note that sites to which you can link from BBCAmerica.com (including any affiliated or co branded sites) may have different terms and conditions or policies applicable to those sites and we urge you to check the privacy policy and terms and conditions on each such site. Please also bear in mind that BBCAmerica.com is not responsible for the content or the policies of any of these sites.

Contact information is used to respond to your inquiries, to notify you if you have won a contest or a quiz and to send products and services ordered from our sites or sites which are promoted from our sites. You also may receive periodic mailings from us with information on new products and services, updates to our Web sites or upcoming events. From time to time, we may also share our customer mailing list and database with reputable and carefully screened firms for marketing or promotional purposes. You may opt out of having your contact information as part of our mailing list at any time (see the Choice/Opt-Out Section below).

Financial information that is collected is used only to process orders for products and services purchased through our Web sites and is never shared with third parties for any other reason.

Demographic information is shared with advertisers and third parties only on an aggregated basis. (See the Aggregated Information Section below.)

Whenever we request your personal information on our Web site, we will try to explain to you how we intend to use it and provide you with a choice to decline certain uses. In addition, if we plan to post any of your personal information on our Web sites (for example, your name and home town to identify you as the winner of a quiz), we will also use all reasonable efforts to notify you of this possibility either when you provide information to us or prior to posting the information. We may also be required to disclose personal information pursuant to valid legal process.

AGGREGATED INFORMATION

We collect information through our Web site relating to traffic levels on our Web site - for example, the total number of users visiting particular pages. We may also aggregate demographic information and the results of surveys.

We use IP addresses to calculate Web site usage levels. Whenever you are on the Internet, a number (an IP address) is automatically assigned to your computer. This number is identified and logged automatically whenever you visit our Web sites. Collecting IP addresses is standard practice on the Internet, and is done automatically by many Web sites. An IP address does not provide us with any of your personally identifiable information, so although your session will be logged, you will remain anonymous to us.

This aggregated information, which does not personally identify you, is helpful to us for improving the services we offer and for marketing purposes. We may share aggregated information with our advertisers, business partners, or other companies.

USE OF COOKIES BY BBC AMERICA.COM

Cookies are data that a Web site transfers to an individual's computer for record-keeping purposes. Cookies, which are an industry standard used by most Web sites, including ours, can facilitate a user's ongoing access to and use of a site. Cookies do not cause damage to your computer systems or files.

We use a temporary cookie to track the products you have chosen to purchase while shopping on our Web sites. The cookie expires once you have finished shopping. The cookie saves you the trouble of entering information over and over again during a single visit.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline or accept the cookie feature. You should note, however, that declining the cookies may make it difficult for you to make purchases on our Web sites and will make entering our discussion areas more cumbersome.

DISCUSSION FORUMS

We make discussion areas and chat forums available to our users. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.

To register for our discussions, once you have logged into the discussion area, you will need to select a screen name and provide your email address on the registration form that will automatically be displayed whenever you contribute to a discussion area, your screen name will automatically display but your email address will not.

CHILDREN

Our Web sites are general audience sites. We do not direct any of our content specifically at children under thirteen (13) years of age.

Provided we have been made aware of the age of any child under the age of 18 who contacts us or enters a competition, we will not announce and post personal information (such as name and home town) unless we have received consent from the child's parents. We will not collect personal information from children under the age of 13 without first gaining consent or giving direct notification to a parent or guardian. We will not use this personal information to contact the child for other purposes, distribute this information to third parties, or give the child (under 13 years of age) the ability to post publicly or otherwise distribute personally identifiable information without a parent's or guardian's consent.

THIRD-PARTY AD SERVING

The use of advertising cookies sent by third-party servers is standard in the Internet industry or our advertisers who choose to employ a third party adserver may in the course of serving advertisements place or recognize a unique cookie. Through cookie technology, advertisers may collect certain non-personally identifiable information about you. This information may be used to deliver tailored ads to you. We do not control this process, and these cookies are subject to the third party adserver and the advertisers' policies. However, these third parties does not obtain, through use of cookies or otherwise, any personally identifiable information from us or from any of our Web sites.

SECURITY

We have security measures in place to protect the loss, misuse and alteration of the information under our control. Any time we ask for a credit card number we transmit that credit card number in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. We may use third parties to host and maintain our Web sites.

LINKS TO THIRD PARTY SITES

Our Web sites may contain links to third-party Web sites. The linked sites are not under the control of BBC America, and we are not responsible for the contents of any linked site or any link contained in a linked site. We are providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by BBC America.

CHOICE/OPT-OUT

We give you the following options for:

• removing your personal information from our database in order to stop receiving future communications from our Web sites; or

• informing us of changes to the personal information you have previously provided so we can correct or update the information we hold:

1. You can send email to us via the "Contact Us" form located at http://www.bbcamerica.com/contactus.jsp

2. You can call the following telephone number: (301) 347-2222

Please note: We are not responsible for removing information from third-party lists or entities with which we have shared your information pursuant to this policy.

REVISIONS TO PRIVACY POLICY

Any of the policies or procedures above may be changed at any time without prior notice. Although this Privacy Policy is not a contract and does not create any legal rights, it does serve as an expression of our commitment to protecting private personal information.