(Effective May 29, 2006; last modified May 29, 2006)

Welcome to thelword-downbelow.com (the "Site"), the unofficial Australian site for Showtime's The L Word. The following terms of use ("Terms") govern your use of the Site.

BY USING OR VISITING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND TO FOLLOW THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS IN YOUR USE OF THE SITE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE.

PLEASE CHECK THIS PAGE OF THE SITE PERIODICALLY FOR SUCH CHANGES

Registered User Conduct

We allow Registered Users (as defined below) to make contributions to the Site ("User Content") through comments, submissions, and other means. By submitting any User Content to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. Furthermore, you thereby waive any so-called moral rights or other similar rights in your User Content.

You agree not to submit or post any User Content that:

• infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity;
• is libelous, defamatory or slanderous;
• condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs;
• is pornographic or sexually explicit;
• does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise;
• is designed to or does harass, threaten, defame or abuse others;
• is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity;
• exploits minors in a sexual or violent manner;
• promotes, condones or encourages illegal activity; or
• is generally offensive or in bad taste.

You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Site for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you assume this risk. However, we reserve the right, but have no obligation

• to monitor interactions between you and other users of the Site;
• to prevent you from submitting User Content that is inconsistent with our standards, stated above;
• to edit, restrict or remove User Content for any reason at any time; and
• to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above.

If you discover this kind of User Content on the Site, please notify us. Should we monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content form the Site. If we prevent your User Content from being submitted, or edit, restrict, or remove it from the Site, you may not hold us accountable under any circumstances.

Prohibited Activities

You agree to respect the rights of others and exercise good judgment. Without limitation, you agree not to:

• engage in unsolicited or unauthorized advertising or any other form of solicitation, including, without limitation, "pyramid schemes" or the distribution of promotional materials, "junk mail," "spam," or "chain letters,";
• impersonate any person or entity or misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
• make available, introduce into or direct to the Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• violate any applicable local, state, national or international law, rules or regulations;
• "stalk" or otherwise harass another person;
• "deep link" to any portion of the Site;
• collect or store personal data about other users;
• use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• display any of the Site in a frame (or any of our content via in-line links);
• attempt to gain unauthorized access to any part of the Site including without limitation, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means;
• attempt to obtain any materials or information through any means not intentionally made available through the Site;
• engage in any activity that interferes with any third party's ability to use or enjoy the Site;
• assist any third party in engaging in any activity prohibited by these Terms; or
• solicit personal information from, harm or attempt to harm minors, in any way.

Privacy

We will have the right to collect, share and use your information in accordance with our Privacy Policy, which is incorporated by reference in these Terms.

User Registration

WE, IN OUR SOLE ABSOLUTE DISCRETION, WILL HAVE THE RIGHT TO REFUSE TO ALLOW YOU TO BECOME A REGISTERED USER.

Password and Security

Registered Users will nominate a username and password upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username. You agree not to share your username and password with anyone else; each user should have his or her own personal username and password. Unauthorized access through improper password use may result in banning of the password owner's username and perhaps legal action as well. You agree to notify us immediately of any unauthorized use of your username or any other breach of security . Also, please ensure that you log out at the end of each session. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with these Terms of Use.

Usernames

Registered Users will nominate a username upon completing the Site's registration process. Usernames are issued based upon availability, and we reserve the right to ban or remove any username in our sole discretion, if it is offensive or violates any rule applicable to the Site. All usernames are our property. Upon termination, you shall surrender such username and we may reserve or reissue any username in our sole discretion. Inactive usernames may be removed after a period of 365 inactive days.

RSS Content

thelword-downbelow.com offers RSS format feeds for news, critical content updates and site updates. Access is via the XML button located on the upper right hand corner on each page or by following the instructions on the RSS Feeds page. Attribution is required as set forth below.

The RSS feeds are provided free of charge for use by individuals and non-profit organizations for personal, non-commercial uses. In both cases, we require that you provide attribution to thelword-downbelow.com. In connection with the RSS feed, if you provide this attribution in text, please use: "News on [name of page] from thelword-downbelow.com" and a hyperlink to the thelword-downbelow.com source page. If you would prefer to provide this attribution with a graphic, please contact us so that we may provide you with thelword-downbelow.com logo. thelword-downbelow.com also reserves the right to require you to cease utilizing either the RSS feed at any time for any reason.

General Practices & Limits

You also acknowledge that thelword-downbelow.com may establish general practices and limits concerning use of the Site. You agree that thelword-downbelow.com has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site. You acknowledge that thelword-downbelow.com reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time.

Disclaimers

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. thelwoed-downbelow.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. thelword-downbelow.com MAKES NO WARRANTY THAT

• THE SITE WILL MEET YOUR REQUIREMENTS;
• THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT
• ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

Links and Third-Party Services

ANY THIRD-PARTY LINKS, SERVICES, RESOURCES OR INFORMATION PROVIDED ON OR MADE AVAILABLE THROUGH THE SITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE DO NOT ENDORSE ANY SUCH LINKED SITES OR THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES CONTAINED ON OTHER LINKED SITES, OR ACCESSIBLE THROUGH THEM. FURTHER, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY LINKS, SERVICES, RESOURCES OR INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION. ACCESS AND USE OF LINKED SITES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH THEM, IS SOLELY AT YOUR OWN RISK.

Breach

If you become aware of any activity that may constitute a breach of these Terms, please notify us. We will investigate your claim and may then take any action that we, in our sole and exclusive discretion, deem appropriate.