Effective Date: As of June 26, 2009

1. Terms of Service

Welcome to ARCHIVES ON DEMAND, which can be accessed at http://www.archives.nbclearn.com. The ARCHIVES ON DEMAND service (referred to herein as, "ARCHIVES ON DEMAND" the "Site" or the "Service") is owned and operated by NBC News, a Division of NBC Universal, Inc. ("NBCU These Terms of Service set forth the terms and conditions that apply to your use of ARCHIVES ON DEMAND. From time to time, NBCU may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on ARCHIVES ON DEMAND to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING ARCHIVES ON DEMAND, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH NBCU. If you do not agree to be bound by these Terms of Service, please discontinue your use of the ARCHIVES ON DEMAND.

2. Access to the Site and Subscription Information

ARCHIVES ON DEMAND is provided as part of a subscription issued to educational institutions (unless otherwise indicated) by NBCU. Certain parts of the site, including previews of content, may be made available to guest users, people who visit the Site without a subscription to ARCHIVES ON DEMAND. ARCHIVES ON DEMAND may also provide free trial subscriptions, which will allow you to access most of the features on the Site, although the ability to download content is still limited. A subscription, either through an educational institution, or if ARCHIVES ON DEMAND chooses to offer individual subscriptions, by you, is necessary in order to access full versions of the ARCHIVES ON DEMAND content, create playlists, access transcripts, run "state standards" searches, personalize the site, download content and use other features that may be made available through ARCHIVES ON DEMAND. Information about ARCHIVES ON DEMAND features can be found here www.archives.nbclearn.com/help.

To register for ARCHIVES ON DEMAND through an educational institution you must use the registration code by your educational institution. You will also be required to provide ARCHIVES ON DEMAND with the following information: your name, e-mail address, phone, school/business name, zip code, city, country, , , role, , ARCHIVES ON DEMAND Display name and password. Any information provided by you or gathered by ARCHIVES ON DEMAND or third parties during any visit to ARCHIVES ON DEMAND shall be subject to the terms of ARCHIVES ON DEMAND's Privacy Policy, which are incorporated herein by reference. ARCHIVES ON DEMAND reserves the right to (i) terminate your registration and access to any specific content, services, digital products, products courses or events, and (ii) [remove your personal ARCHIVES ON DEMAND profile, if ARCHIVES ON DEMAND learns that you have provided ARCHIVES ON DEMAND with false or misleading registration information.

Once you have registered, you will be asked to create a user name. We recommend that you do not use any portion of your real name for your user name. We will only display your first name in notifications we send to you directly or in emails sent to your friends through ARCHIVES ON DEMAND at your request.

You must keep your password and registration secure and not share your password or registration information with anyone. If we learn that a registration code or password has been compromised, we may disable the existing code and issue a new code. Failure to keep registration codes and passwords secure may result in the disabling of access privileges.

3. Use of ARCHIVES ON DEMAND

ARCHIVES ON DEMAND features content from NBCU as well as other sources. The Site permits you to view content online, make playlists, notes, tag or comment on the content. You may also download content to your computer and play the content via the NBC ARCHIVES ON DEMAND Offline Player. You will be asked to agree to a separate end user license agreement ("EULA") when you download the player. You may also share certain content via video widget or by email. Instructions for doing so can be found at www.archives.nbclearn.com/help.

You acknowledge that (i) content on ARCHIVES ON DEMAND is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. such materials.

B. Non Commercial Use

ARCHIVES ON DEMAND, its products, services, digital products, events and courses and any other element of ARCHIVES ON DEMAND may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by ARCHIVES ON DEMAND in writing. Illegal and/or unauthorized use of ARCHIVES ON DEMAND, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to ARCHIVES ON DEMAND is prohibited. In furtherance thereof, you agree that you will not use ARCHIVES ON DEMAND for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

Any such use shall be deemed to be a violation of these Terms of Service.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of ARCHIVES ON DEMAND, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

4. Termination

NBCU reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access ARCHIVES ON DEMAND and/or any other service, tool, specific content, digital products, products, courses or events provided to you by NBCU, including any personal web site, upon any breach by you of these Terms of Service or otherwise.

5. Modifications of these Terms of Service

NBCU may modify these Terms of Service from time to time in its sole discretion. Each time you use ARCHIVES ON DEMAND, you will be deemed to have accepted any such changes. NBCU shall have no obligation to notify you of any such changes other then posting such modifications on ARCHIVES ON DEMAND, but ARCHIVES ON DEMAND reserves the right (at NBCU's discretion) to provide you notice of such changes to any e-mail address you have provided to ARCHIVES ON DEMAND.

6. Modifications of ARCHIVES ON DEMAND

NBCU may modify or discontinue ARCHIVES ON DEMAND, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided in the subscription agreement.

7. Member Disputes

You are solely responsible for any interaction with other members or visitors of ARCHIVES ON DEMAND. NBCU reserves the right but shall have no obligation to monitor disputes between you and any other member of ARCHIVES ON DEMAND.

8. Nature of Communications

By virtue of agreeing to this Terms of Service and using the ARCHIVES ON DEMAND communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

9. Access by Minors

Please read our Note to Parents for further information concerning ARCHIVES ON DEMAND. ARCHIVES ON DEMAND may be used by minors. Children 13 to 18 may register for ARCHIVES ON DEMAND and will be provided with registration information via their educational institution. To the extent that ARCHIVES ON DEMAND is made available to children under the age of 13, ARCHIVES ON DEMAND will enable use of the Site without taking any personal information from the children.

10. Parental Control Protections

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. [NEED NEW SITES THAT PROVIDE THIS INFORMATION].

11. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ARCHIVES ON DEMAND infringe your copyright, you (or your agent) may send ARCHIVES ON DEMAND a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NBCU to locate the material on ARCHIVES ON DEMAND; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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 you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ARCHIVES ON DEMAND a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Archives on Demand Customer Service c/o NBC News Administration 30 Rockefeller Plaza, New York, New York 10112, 212-664-444,Contactus@nbclearn.com. NBCU suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ARCHIVES ON DEMAND, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH ARCHIVES ON DEMAND, IS AT YOUR SOLE RISK. ARCHIVES ON DEMAND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBCU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NBCU MAKES NO WARRANTY THAT ARCHIVES ON DEMAND WILL MEET YOUR REQUIREMENTS, OR THAT ARCHIVES ON DEMAND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NBCU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NBCU NETWORK. NBCU WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ARCHIVES ON DEMAND.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NBCU NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT NBCU DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH ARCHIVES ON DEMAND. NBCU IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ARCHIVES ON DEMAND NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ARCHIVES ON DEMAND, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NBCU ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

NBCU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ARCHIVES ON DEMAND, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN ARCHIVES ON DEMAND IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NBUC OR THROUGH ARCHIVES ON DEMAND, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NBCU MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH ARCHIVES ON DEMAND OR ANY TRANSACTIONS ENTERED INTO THROUGH ARCHIVES ON DEMAND.

NBCU IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE ARCHIVES ON DEMAND. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH NBCU MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST NBCU WITH RESPECT TO SUCH SITES.

13. Limitation of Liability

NBCU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE NBCU NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE NBCU NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF NBCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify and hold each of ARCHIVES ON DEMAND, NBCU its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ARCHIVES ON DEMAND, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering ARCHIVES ON DEMAND, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

16. Remedies for Breach of these Terms by You

In the event that NBCU determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for ARCHIVES ON DEMAND, NBCU reserves the right to (i) delete any or all content provided by you or your agent(s) to ARCHIVES ON DEMAND; (ii) discontinue your registration(s) with ARCHIVES ON DEMAND; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through ARCHIVES ON DEMAND; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which ARCHIVES ON DEMAND deems to be appropriate.

If your registration(s) with or ability to access ARCHIVES ON DEMAND, any other ARCHIVES ON DEMAND community and/or any other service, product, content, course, event, tool or digital product provided to you by ARCHIVES ON DEMAND is discontinued by NBCU due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of ARCHIVES ON DEMAND, then you agree that you shall not attempt to re-register with or access ARCHIVES ON DEMAND and/or any other digital product, course content or service provided by NBCU, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, ARCHIVES ON DEMAND reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

17. Export Control

Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote ARCHIVES ON DEMAND's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by NBCU from its offices within the state of New York, United States of America. ARCHIVES ON DEMAND makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. California Users

Under California Civil Code Section 1789.3, California users of ARCHIVES ON DEMAND are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

19. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

NBCU may assign its rights and obligations under these Terms of Service and upon such assignment NBCU may be relieved of any further obligation hereunder.

You represent to NBCU that you have the authority to register with or visit ARCHIVES ON DEMAND according to these Terms of Service.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of NBCU, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.