TERMS OF USE

These terms of use ("Terms of Use") set out how you may use the online video service provided by Rewind Networks Pte. Ltd ("HITS Service"). References to "Rewind Networks," "we," or "us" shall refer to Rewind Networks Pte. Ltd.

In accessing the HITS Service, you agree to be bound by these Terms of Use. We may update the Terms of Use from time to time by posting the amended Terms of Use on www.hitstv.com/terms.

Please review these Terms of Use regularly. If you access the HITS Service, you agree to be legally bound by whichever version of the Terms of Use is in force at such time.

If you have any questions or comments about these Terms, please contact us at: info@rewindnetworks.com


1. DESCRIPTION OF HITS SERVICE

1.1 Rewind Networks shall make available for authenticated viewing a selection of television shows, movies, clips, and other content (collectively, the "HITS Content") on or through the following:

i the hitstv.com and hitsreplay.com website (the "HITS Site");
ii Rewind Networks authorized applications, features or devices (the "HITS App").

1.2 We provide the HITS Service on the basis that you have access to the HITS channel pursuant to pay-TV subscription with your local pay-television operator. Any costs associated with downloading, installing, accessing the HITS Site and HITS App and are the responsibility of the person seeking access to the HITS Content. You are also subject to all data usage procing, policies and the terms and conditions of your respective internet service provider or mobile provider in connection with your use of the HITS Service.


2. ACCESS AND USE OF HITS SERVICE

2.1 We grant you a limited non-exclusive license to use the HITS Service on the HITS Site and/or HITS App for personal, non-commercial purposes as set forth in these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the HITS Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the HITS Content including geo-filtering mechanisms.

2.2 You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the HITS Content unless expressly permitted by us in writing.

2.3 You may not build a business utilizing HITS Content, whether or not for profit. The HITS Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the HITS Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Rewind Networks in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.


3. INTELLECTUAL PROPERTY RIGHTS

3.1 Your use of the HITS Service is protected by intellectual property laws and these Terms of Use. Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the HITS Service will remain ours.

3.2 Rewind Networks, the HITS logo, www.hitstv.com, www.hitsreplay.com and other Rewind Networks marks, graphics, logos, scripts, and sounds are trademarks of Rewind Networks. None of the Rewind Networks trademarks may be copied, downloaded, or otherwise exploited.


4. PERSONAL INFORMATION AND PRIVACY POLICY

By using and accessing the HITS Service, you consent to us collecting, using and disclosing your Personal Information on the terms of these Terms of Use.


5. LIMITATION OF LIABILITY AND INDEMNITY

5.1 IN NO EVENT SHALL REWIND NETWORKS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "REWIND NETWORKS PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HITS SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE REWIND NETWORKS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

5.2 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE HITS SERVICES (INCLUDING YOUR USE OF THE HITS CONTENT).


6. GENERAL

6.1 We may suspend or cancel an individual user's use of HITS Service without prior notice or warning. We will use reasonable care and skill in providing the HITS Service to you but we make no guarantees that the HITS Service will be available, uninterrupted, secure or error free, or that defects will be corrected.

6.2 The HITS Service may vary from time to time. We may alter the content, presentation of and/or the facilities available on the HITS Service from time to time without giving you notice.

6.3 The HITS Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

6.4 These Terms of Use are governed by the laws of Singapore.