Terms and Conditions of Service
 

These Terms and Conditions of Service ("Terms") govern the applicable account holder's and its respective employees' and/or agents' ("Account Holder") use of the invoice viewing services ("Services") located at http://www.tbseuropeonline.turner.com. T he Services are provided solely to enable Account Holder to access electronic invoices for its account ("Account") with Turner Broadcasting System Europe Limited, ("TBSEL"). Acceptance of these Terms creates a legally binding agreement between Account Holder and TBSEL and may only be accepted by an individual duly authorized by Account Holder.

BY CLICKING THE "ACCEPT" BUTTON, ACCOUNT HOLDER AGREES TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF ACCOUNT HOLDER DOES NOT AGREE TO THESE TERMS, THEN CLICK THE "DO NOT ACCEPT" BUTTON.

TBSEL shall own all right, title and interest in and to any and all patents, patent registrations or applications, business processes, data rights, copyrights, trade names, trademarks, trade secrets, know-how, mask works, or any other intellectual property rights, whether registered or unregistered, arising or enforceable under United States law or the law of any other jurisdiction or international treaty regime (collectively, "Intellectual Property Rights") in and to the Services and Site.

General Terms and Conditions

Account Holder acknowledges that communications or transactions conducted online are not absolutely secure. Account Holder further acknowledges that there may be system failures that may limit Account Holder's ability to use the Services. Account Holder agrees to assume all risk and liability arising from Account Holder's use of the Services, including the risk of breach in the security of the communications or transactions Account Holder conducts with TBSEL. A failure in the Internet and/or the Services do not and shall not excuse Account Holder's payment obligations to TBSEL.

Account Holder is solely responsible for maintaining the confidentiality of Account Holder's password(s), and agrees that TBSEL will have no obligations with regard thereto. Account Holder agrees not to give Account Holder's password(s) to any unauthorized third party. Should Account Holder allow others access to Account Holder's account and/or password information, Account Holder will be responsible for all actions that such persons might take with respect to the Account. If Account Holder believes that its password and/or security passcode has been lost or stolen or someone has gained access to Account Holder's password or security passcode without Account Holder's permission, contact us immediately at TBSEL Support.

For purposes of identification, billing, and marketing, Account Holder agrees to provide TBSEL with current, accurate, complete, and updated information required by the registration for the Account, billing ZIP code, location and Account Holder's security passcode (if applicable). Account Holder agrees to notify TBSEL immediately of any changes in Account Holder's registration data. Account Holder is responsible for updating Account Holder's e-mail address and contact information. If Account Holder's e-mail address is not current, Account Holder will not receive notice of online bill posting; however, Account Holder's payment due date will remain unchanged.

TBSEL may at any time and without notice make changes to the Services and/or Site. TBSEL may discontinue the Services and/or Site without notice or require re-enrollment if the Terms are modified.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION GIVEN BY TBSEL, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER TBSEL NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCOUNT HOLDER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE INTERNET GENERALLY. TBSEL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SITE, THE SERVICES OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TBSEL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED VIA THE SERVICES OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

IN NO EVENT SHALL TBSEL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SITE, THE SERVICES OR THE INTERNET GENERALLY.

IN NO EVENT SHALL TBSEL'S LIABILITY ARISING FROM ANY CLAIM RELATED TO THE SERVICES, THIS SITE AND/OR THESE TERMS EXCEED $100.00. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ACCOUNT HOLDER.

These Terms and Account Holder's current contract with TBSEL (the "Agreement"), constitute the entire agreement between Account Holder and TBSEL, provided that, if there is any conflict or inconsistency between these Terms and the Agreement, these Terms shall govern with respect to any matter relating to the Services and the Site. These Terms may not be amended or modified other than in the manner described above. If any provision in these Terms is held to be illegal, invalid or unenforceable, the remaining terms of these Terms shall remain in full force and effect. These Terms shall be governed by the laws of the United States of America and State of Georgia, without regard to any conflict of law principles. Account Holder and TBSEL hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia to enforce the provisions of these Terms and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, these Terms or the Service. You may not assign your rights under these Terms, and any attempted assignment will be void. These Terms and the rights and obligations under hereunder may be transferred or assigned by TBSEL, in whole or in part, and terms and provisions of these Terms shall inure to the benefit of such transferee or assignee. TBSEL shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of TBSEL.