Terms of Service

  1. Use of Web Site. This website is provided by NCS and may be used for informational purposes only. By accessing and using the site or downloading materials from the site, you accept, without limitation or qualification, this Terms of Use Agreement. TERMS OF USE
  2. Dated Materials. Materials contained in this website or in links from this website are dated as of the date originally issued or indicated on the material and may no longer be accurate. For purposes of this website, Materials include, but are not limited to, text, images, audio and/or video, and software, including, but not limited to, any images or files incorporated in or generated by the software or data accompanying such software. NCS assumes no obligation to update such materials.
  3. Forward-Looking Statements. Materials contained in (or directly accessible from) this website may contain information that is, or may be deemed to be, forward-looking statements within the meaning of section 27A of the Securities Act of 1933, as amended, and section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts, but rather reflect the Companies current expectation concerning future results and events. These forward-looking statements generally can be identified by the use of statements that include phrases such as "believe," "expect," "anticipate," "intend," "plan," "foresee," "likely," "will," or other similar words or phrases. Similarly, statements that describe our objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of the Company to be different from any future results, performance and achievements expressed or implied by these statements. The following important factors, among others, could affect future results, causing these results to differ materially from those expressed in our forward-looking statements: advertising market conditions generally; changes in the public acceptance of the Companies programming; changes in technology and its effect on competition in the Companies markets; changes in the Federal Communications laws and regulations; the impact of piracy on the Companies products; the impact of consolidation in the market for the Companies programming; other domestic and global economic, business, competitive and/or regulatory factors affecting the Companies businesses generally; and other factors described in the Companies news releases and filings with the Securities and Exchange Commission. The forward-looking statements included in this website or in links from this website are dated as of the date originally issued or indicated on the material and may no longer be accurate and, under section 27A of the Securities Act, as amended and section 21E of the Exchange Act, as amended, the Company does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
  4. Third Party Web Sites and Links. This website contains links or references to other websites maintained by third parties over whom NCS has no control. Similarly, this website may be accessed from third party links over which NCS has no control. NCS makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by NCS.
  5. Trademarks, Copyrights and Restrictions. This website and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, Intellectual Property) are owned by NCS, its affiliates or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Intellectual Property in any manner without the prior written consent of NCS or such third party that may own the Intellectual Property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE INTELLECTUAL PROPERTY IS PROHIBITED. As a user of the website, you agree not to use the Intellectual Property for any unlawful purposes and not to violate NCS rights or the rights of others. NCS reserves the right to object or otherwise take action against any such use.
  6. Privacy. NCS respects the privacy of its website users. Please refer to NCS Privacy Policy for an explanation of users rights and responsibilities with respect to information that is disclosed on this website.
  7. Disclaimer. THE MATERIALS CONTAINED IN THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NCS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE. NCS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY NCS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NCS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  8. Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NCS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY NCS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NCS BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR DOWNLOADING OF MATERIALS POSTED ON OR LINKED FROM THE SITE.
  9. Indemnification. You agree to indemnify, defend and hold harmless NCS its officers, directors, employees, agents, suppliers, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys fee, resulting from any violation by you of these Terms of Use. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
  10. Governing Law. This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
  11. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. NCS reserves the right to alter or delete materials from this website at any time at its discretion.

These Terms of Use were last updated on April 5, 2006.