TERMS OF SERVICE
FOR THE OVERTUREFILMS.NET WEBSITE AND ANY OTHER WEBSITE OWNED,
OPERATED AND/OR MANAGED BY OVERTURE FILMS, LLC
(EACH WEBSITE SHALL BE INDIVUALLY AND COLLECTIVELY
REFERRED TO HEREIN AS AN "OVERTURE FILMS WEBSITE")

IMPORTANT! PLEASE READ THIS CAREFULLY. BY USING THE OVERTURE FILMS
WEBSITE YOU ARE UNCONDITIONALLY AGREEING TO THESE TERMS OF SERVICE,
TOGETHER WITH THE PRIVACY POLICY (WHICH, FOR THE PURPOSES OF THESE
WEB SITE TERMS OF SERVICE ONLY, TOGETHER SHALL BE REFERRED TO AS THE
"SITE AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS SITE
AGREEMENT, PLEASE DO NOT USE THE OVERTURE FILMS WEBSITE.
INTRODUCTION
Thank you for visiting the Overture Films Website (the "Site"). The Site is owned, operated and/or managed by Overture Films, LLC ("Overture").

Overture reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Site, or any provision of the Site Agreement, in whole or in part, at any time. Changes to the Site Agreement will be effective when posted. Without obligation to do so, Overture may also notify you of such changes via email or through messaging on the Site. You nevertheless agree to periodically review the copies of the Site Agreement posted so that you are aware of any changes. Your continued use of the Site in any way after any changes to the Site or the Site Agreement are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

1. OWNERSHIP AND COPYRIGHT
As between you and Overture, the Content, the Site, the Site Content, are owned by Overture and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means any and all motion pictures, live action or animated programs or episodic series, sports or music content offered as products streamed and/or downloaded from the Site. "Site Content" means any and all other human readable audio and/or visual elements of the Site created or owned by Overture, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, movie trailers or episodic works, home movies and digital photography), designs, logos, information and other content made available through the Site by either Overture on its own, or by Overture in concert with third parties, whether part of the design of the Site or otherwise. Any and all underlying patentable or copyrightable elements (or protectable as trade secrets or otherwise under intellectual property laws) of the Site, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Site shall be considered the "Site Code."

Unless expressly permitted by Overture, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit in whole or in part any Content, Site Content or Site Code. Any violation of copyright or other intellectual property laws may result in severe civil and criminal penalties.

2. GRANT OF RIGHTS; RESTRICTIONS ON USE

Overture hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Site, Site Code, Site Content and the Content in accordance with the Site Agreement. Overture grants you this limited license for your personal use, and not for any commercial purpose. The use of the Content, the Site, the Site Content or the Site Code for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use this Site, the Content, Site Content, Site Code or any other material or information contained therein; (2) collect or use any product listings, descriptions or any prices for any reason; (3) create derivative works from the Content, Site Content, Site Code or any other materials or information contained therein; (4) download or copy account information of any third party for the benefit of another merchant; or (5) use data mining, robots, or other data gathering and extraction tools. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Overture name, the Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Overture, and/or our affiliates or subsidiaries or Content providers without Overture's express written consent. You may not use any meta-tags or any other "hidden text" utilizing Overture, Overture's affiliates, subsidiaries or Content providers, or any trade names or trademarks or other copyrighted materials relating thereto, without the express written consent of Overture.

Notwithstanding the foregoing, you may hyperlink to the homepage of the Site on a non-exclusive basis, provided that your use conforms with the following: (1) the Overture Marks (as defined in Section 5, below) may not be modified or altered in any way; (2) you may not use the Overture Marks to imply endorsement of your product or service, or to disparage Overture, Overture's affiliates, or their respective products or services; (3) associate Overture, Overture's affiliates, the Content, Content providers, or their respective products or services with any other web site, products or services that Overture may find, in its sole judgment, to diminish or damage the goodwill in the Overture Marks, including, without limitation, pornographic services or products. Further, the Overture Marks may not be exhibited in such a way as to make them more prominent than any other content, products or services on your site; and link, your site and/or the contents and subject matter of your site shall not infringe Overture's or any third party's intellectual property rights or violate any state, federal, or international law. The following notice shall be included on the first web page of your site on which the link appears: "Overture and related service marks are the property of Overture Films, LLC. All rights reserved." Overture may terminate the rights granted in this paragraph at any time, in its sole discretion, without liability or obligation to the other of any kind. Overture has the right, but not the obligation, to inspect your Web site from time-to-time to ensure compliance with these requirements. In the event your rights are terminated, you will remove all references to Overture and the Overture Marks, including the Link, within twenty-four (24) hours of written request by Overture. Failure to do so shall constitute an unauthorized and potentially infringing use of such items.

3. RESTRICTIONS ON USE OF THE SITE AND SITE CONTENT

You may not and you hereby agree that you will not: (1) use the Site for public exhibition of the Content; (2) reverse engineer, decompile or disassemble any files containing the Site Code, the Site Content or the Content or otherwise attempt to "crack" the files or obtain their source code; (3) remove or alter any copyright, trademark or other proprietary notice contained in any computer file in which the Content or Site Content is contained or the Content or Site Content itself; or (4) use the Site Content or the Content in any manner not set forth in this Agreement. Further, as a condition of your use of this Site, you represent and warrant that you will not use the Site, or any of its component Content, Site Content or Site Code for any purpose that is unlawful or prohibited by the Site Agreement. If you breach any of these covenants, your authorization to use the Site shall automatically terminate and civil and criminal penalties may apply.

4. COPYRIGHT NOTICE

If you are under the good faith believe that any materials or information on the Site have been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
    1. Your name, address, telephone number, and email address;
    2. A description of the copyrighted work that you claim has been infringed;
    3. The exact URL or a description of where the alleged infringing material is located;
    4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Overture Films, LLC
9242 Beverly Boulevard, Suite 200
Beverly Hills, CA 90210
Attn: General Counsel

By this filing, Overture does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available to it under the copyright law or otherwise. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send Overture a counter-notice pursuant to the statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole and absolute discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Site, at any time in our absolute discretion with or without notice. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.

5. TRADEMARK NOTICE

Overture and all related registered and unregistered service marks ("Overture Marks") are the property of Overture Films, LLC. Some of the characters, logos or other images incorporated by Overture Films, LLC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners.

The Overture Marks may not be used without the express written permission of Overture. The Overture Marks may not be used in connection with any product or service other than as expressly permitted by Overture in writing, and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Overture, its parent and affiliated companies, the Site or any other product or service of Overture or its parent and affiliated companies. You gain no right to use any Overture Marks or those of any other entity by virtue of your use of the Site

6. MARKETING, PERSONAL DATA COLLECTION

From time to time, Overture may collect and use certain personally identifiable information and non-personally identifiable information about you for marketing purposes, including use in connection with Newsletters, Send-To-A-Friend services. These uses are described more fully in the Privacy Policy. By using this Site, you represent and agree that you have read and understood the Privacy Policy and consent to the use of your personal information by Overture and its affiliates and third party representatives, if any, in accordance with the terms thereof and for the purposes set forth therein.

7. PRODUCT DESCRIPTIONS

Overture, its affiliates and Content partners attempt to describe its products as accurately as possible. However, Overture, its affiliates and Content partners do not warrant that the product descriptions pertaining to the Content or Site Content is accurate, complete, reliable, current or error-free.

8. PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS

Features, specifications, services and/or prices offered from the Site may change at any time without notice and Overture does not provide price protection or refunds in the event of a price drop or a promotional offering. Special product or service offerings and promotions displayed on the Site are considered no longer valid once they are removed from the Site. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice. You may register only once for special offers or trial offers, and you agree not to register multiple times for the same special offer or trial offer using multiple names, email addresses or other devices designed to circumvent this limit.

9. TERMINATION

You may terminate your use of the Site at any time. Your right to use the Site will automatically terminate if you fail to comply with any provision of this Site Agreement. If your relationship with the Site is terminated due to your actions or inactions, you must cease all use of the Site.

10. CONFIDENTIAL AND PROPRIETARY INFORMATION

Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Overture of the unauthorized access, and assist Overture in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, shall not use such information, shall return such information to Overture immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.

11. USER SUBMISSIONS

Overture is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Site provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Overture through the Site (collectively, the "Submission") will forever be the property of Overture. Overture will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future Overture products, services or operations. Without limitation, Overture will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Overture will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Overture, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

12. POLICIES FOR INDIVIDUALS UNDER THE AGE OF 13

Overture encourages the responsible use of the internet by children together with their parents and to that end, Overture does not collect or use any personally identifiable information submitted or posted to the Site from individuals under the age of 13, except in order to respond on a one-time basis to a specific request for information.

13. ACCURACY AND INTEGRITY OF INFORMATION; AVAILABILITY OF SITE

Although Overture attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the information provided on the Site or the Site's availability at any time. Information contained on the Site may be changed or updated without notice.

14. FORWARD LOOKING STATEMENTS

The Site may contain forward-looking statements regarding Overture's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

15. ASSIGNMENT

You may not assign your rights and obligations under this Site Agreement for any reason. Overture may assign its rights and obligations under this Site Agreement at any time. In the event Overture elects to assign its rights and obligations hereunder, Overture shall notify consumers either via email notice and/or written notice, as determined by Overture in its sole discretion.

16. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER STARZ, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY STARZ, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STARZ, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. THIRD PARTY SITES

This Site contains links to other Internet sites, resources and/or sponsors of the Site. Overture does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the sites themselves or content contained in these outside sites. Providing links to these outside sites does not constitute Overture's approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policy posting on the non-Overture sites after linking to them.

18. MISCELLANEOUS

This Site Agreement, together with the Overture Privacy Policy sets forth the nature and extent of your relationship with Overture Films, LLC as it pertains to the Site. This Site Agreement will be binding upon and inure to the benefit of Overture and you, and Overture's successors and permitted assigns, if any. If any provision of this Site Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Site Agreement. Any waiver of any breach or failure to enforce any provision of this Site Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of this Site Agreement will be effective only if it is in writing and signed by Overture and you. Nothing contained in the Site Agreement shall constitute, or enable the development of a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as reseller and customer) between you and Overture. This Site Agreement shall be governed by the laws of the United States and the State of California, irrespective of California's conflict or choice of law rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Los Angeles, California, and Overture and you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles, California. This Agreement constitutes the entire agreement between Overture and you with respect to the subject matter of this Agreement. Those provisions of this Site Agreement, which by their nature should survive expiration or termination of this Agreement, shall survive such termination.