Access to and use of the website located at www.historychannelasia.com (the “Site”) is provided by AETN All Asia Networks Pte Ltd (“AETN”) subject to the following terms:
1. By using the Site you agree to be legally bound by these terms and conditions, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site.
Use of the Site
2. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Site content except for your own personal, non-commercial use. Any other use of the Site content requires the prior written permission of AETN and/or third parties, where applicable.
3. You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
Disclaimers and Limitation of Liability
4. The Site content, including the information, names, images, pictures, logos and icons regarding or relating to AETN, its products and services (or to third party products and services), is provided on an ‘as available’ basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5. AETN does not guarantee the accuracy, integrity or quality of the Site content. You understand that by using the Site, you may be exposed to Site content that is offensive, indecent or objectionable. Under no circumstances will AETN or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Site.
6. AETN does not warrant that functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
7. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, AETN or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers. AETN does not verify, endorse, or have any responsibility for any such third party site, nor for any goods or services associated with or obtained in connection with any such site. You further acknowledge and agree that AETN shall not be 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 reliance on any such third party site. If any third party site obtains or collects personally identifiable information from you, in no event shall AETN assume or have any responsibility or liability. Please read the AETN Privacy Policy (which is incorporated by reference into and made part of these Terms and Conditions), which describes how AETN collects and uses your personal information. The AETN Privacy Policy does not apply to third party sites.
8. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or equipment or loss of data that results from the download of such material.
Indemnity
9. You agree to indemnify AETN and its subsidiaries, affiliates, agents, representatives, licensors and suppliers harmless for any claim or demand made by any third party due to your use of the Site, your violation of these Terms and Conditions or your violation of any rights of another or your breach of any applicable law.
Intellectual Property
10. You acknowledge and agree that the Site content such as the names, images and logos identifying AETN or third parties and their products and services are subject to copyright, design, patent, trade marks or other proprietary rights of AETN and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of AETN or any other third party. You are prohibited from using in any manner, any trademark, patent, design right or copyright of AETN or any other third party.
Contributions to the Site
11. Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant AETN a perpetual, royalty-free, non-exclusive, sub-licenseable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in AETN's Privacy Policy. If you do not want to grant to AETN the rights set out above, please do not submit your contribution to the Site.
12. By submitting your contribution to the Site, you:
12.1 warrant that your contribution:
12.1.1 is your own original work and that you have the right to make it available to AETN for all the purposes specified above;
12.1.2 is not defamatory; and
12.1.3 does not infringe any law; and
12.2 indemnify AETN against all legal fees, damages and other expenses that may be incurred by AETN as a result of your breach of the above warranty; and
12.3 waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
The Community Rules
13. AETN requires each user to have a unique user name and password combination in order to use the features and functions of the Site and AETN may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site.
13.1 You will then choose a user name and password (or AETN may assign an initial password which AETN will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. AETN is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization to anyone else to use your user name or password. You agree to immediately notify AETN if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to register and provide AETN with certain information about you ("User Information"), in order for AETN to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, registration and member profile pages. Please read AETN’s Privacy Policy, which describes how AETN collects and uses your personal information.
13.2 It is your responsibility to give AETN current, complete, truthful and accurate information and to keep the information that you provide to AETN up to date. AETN cannot and will not be responsible for any problems or liability that may arise if you do not give AETN accurate, truthful or complete information or you fail to update the information you give AETN. Minors are required to have parental or legal guardian consent to register as a member of this Site, unless otherwise stated under the minor's applicable jurisdictional laws.
13.3 You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses AETN incurs or may suffer as a result of your failure to do so. You, and not AETN, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify AETN that your user name or password may have been compromised, misappropriated or improperly taken or used by another party.
13.4 AETN has the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. AETN respects the privacy of the contents of users' e-mail and messages (collectively, "Messages"); however, AETN reserves the right to monitor, edit or disclose any information about your use of the services on the Site and/or such contents, if AETN believes such action is required by law or is necessary to protect and defend AETN’s rights, to enforce this agreement, or to protect the interests of AETN’s members and others.
13.5 The amount of storage space allotted per user is limited. Some Messages may not be processed due to space constraints or outbound message limitations. AETN assumes no responsibility for deletion of Messages or any failure to store, receive or deliver Messages in a timely manner or any other matter relating to Messages.
14. You agree to use the Message Boards in accordance with the following Community Rules:
14.1 Member Names will be failed if they:
14.1.1 Contain website or email addresses
14.1.2 Contain contact information i.e. phone numbers, postcodes etc
14.1.3 Appear to impersonate someone else
14.1.4 Contain swear words or are otherwise objectionable
14.2 AETN reserves the right to fail messages which:
14.2.1 Are considered likely to disrupt, provoke, attack or offend others
14.2.2 Are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable
14.2.3 Contain swear words or other language likely to offend
14.2.4 Break the law or condone or encourage unlawful activity. This includes messages which infringe any patent, trademark, copyright, or other proprietary rights of any third party or messages which are defamatory or amount to contempt of court.
14.2.5 Advertise products or services for profit or gain
14.2.6 Include contact details such as phone numbers, postal or email addresses
14.2.7 Are written in anything other than English
14.2.8 Contain links to other websites which break AETN’s Editorial Guidelines
14.2.9 Describe or encourage activities which could endanger the safety or well-being of others
14.2.10 Are considered to be ‘spam’
14.2.11 Are considered to be off-topic for the particular message board
14.3 AETN welcomes feedback, both positive and negative, about its programmes and services but please make sure your comments are in line with the above Community Rules. Repeatedly posting personal or offensive comments about individual members of the public or people who work for AETN may be considered harassment. AETN reserves the right to remove such messages and take action against those responsible.
14.4 If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
14.5 Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
14.6 AETN advises that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.
14.7 If You are under 18,please get a parent’s or guardian’s permission before taking part in any the Site discussion.
14.8 If you fail to abide by these Community Rules when taking part in a the Site Community service, you will be sent an e-mail which informs you why your contribution has been failed or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
14.9 This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of the Site Community areas.
14.10 If you post or send offensive or inappropriate content anywhere on or to the Site Communities or otherwise engage in any disruptive behaviour on the Site, and AETN considers such behaviour to be serious and/or repeated, AETN may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
14.11 AETN reserves the right to delete any contribution, or terminate or take action against any account, at any time, for any reason in its sole discretion. AETN shall not be liable to you or any third party for the termination of your account.
General
15. If there is any conflict between these terms and specific terms appearing elsewhere on the Site then the latter shall prevail.
16. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17. The failure of AETN to exercise or enforce any right or provision of these terms shall not constitute a wavier of such right or provision.
18. You understand and agree that third parties shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the terms herein.
19. AETN reserves the right, at any time and from time to time, for any reason in AETN’s sole discretion, to change these terms and conditions. AETN will post or display notices of changes on the Site and AETN may also e-mail you about these changes. Once AETN posts them on the Site, these changes become effective immediately and if your continued use of the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with AETN.
20. These terms shall be governed by and interpreted in accordance with the laws of Singapore. You agree to the non-exclusive jurisdiction of the Courts of Singapore.
As part of AETN’s commitment to ensuring the Site is one you want to visit time and time again AETN welcomes your comments on any of the policies or rules set out above. To contact AETN please use the Feedback on the Site.