Terms of Service

You must carefully read and accept these terms before using BuddyTV and/or becoming a 
BuddyTV member (the "BuddyTV Software"). 
 
These terms when accepted by you form a license ("License") agreement between Advanced 
Media Research, d/b/a BuddyTV.com ("BuddyTV", "Licensor", "We" or "Our") and you ("You," 
"Your", "User" or "Licensee") for the use of the BuddyTV™ Software (as defined below). In 
order to use the BuddyTV Software, You must first read and accept the terms of this License,
and confirm your acceptance to the terms of this License by clicking the 'Submit' button on 
the BuddyTV Software user registration screen. If You are a minor You will become eligible 
to use BuddyTV Software only upon your parent or guardian reading and accepting the terms of 
this License and confirming acceptance of the terms of this License by clicking the 'Submit' 
button on the BuddyTV Software user registration screen. 
 
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, DO 
NOT CLICK THE 'SUBMIT' BUTTOM ON THE BUDDYTV SOFTWARE 
REGISTRATION SCREEN AND YOU WILL NOT 
BE ABLE TO INSTALL THE SOFTWARE. 
 
1. Grant of License 
  
1.1 On the terms and subject to the conditions hereafter provided, Licensor grants You a 
personal, limited, non-exclusive, non-sublicensable, non-assignable, non-transferable and 
revocable License to install and use the BuddyTV software, including any and all versions, 
variation, any future fixes, updates and upgrades, modifications, repairs, replacements and 
enhancements provided to you (collectively, the "BuddyTV Software") solely for the purposes 
set forth herein. You may not sell, transfer or communicate the BuddyTV Software to any 
third party.  
  
1.2 You agree not to alter, duplicate, modify, adapt, rent, lease, loan, sublicense, copy, 
reproduce, resell, create derivative works from, distribute or provide others with the 
BuddyTV Software in whole or part, merge the BuddyTV Software into or add it to other 
software or program material to form an updated work or otherwise, or transmit or 
communicate the BuddyTV Software over a network. Without limiting the generality of 
the foregoing, Licensee shall not create or ascertain or attempt to create or ascertain, by 
reverse assembling, reverse engineering, disassembling or reverse compiling or 
otherwise, any components of the BuddyTV Software (including, without limitation, the 
source code of the BuddyTV Software or any part thereof) from the object code or from 
other information made available under this License or otherwise attempt to discover the 
source code of the BuddyTV Software. You do not have the right to and may not create 
derivative works of the BuddyTV Software. All modifications or enhancements to the 
BuddyTV Software remain the sole property of Licensor. You understand that Licensor, 
in its sole discretion, may modify or discontinue or suspend your right to access any of its 
services or use the BuddyTV Software at any time, and Licensor may at any time suspend 
or terminate any license hereunder and disable the BuddyTV Software. 
  
1.3 Licensor may from time to time present programming fixes, updates and upgrades to 
You, including version updates to the BuddyTV Software. When installed on your computer, 
the BuddyTV Software periodically communicates with Licensor's servers. Licensor may 
require the updating of the BuddyTV Software when Licensor releases a new version of the 
BuddyTV Software or when Licensor makes new features available. You understand that 
Licensor may require your review and acceptance of Licensor's then-current privacy policy 
and/or end-user license agreement before You will be permitted a limited license for any 
subsequent version of the BuddyTV Software. You acknowledge and agree that Licensor has 
no obligation to make available to You any updates, upgrades or subsequent versions of the 
BuddyTV Software. Unless explicitly stated otherwise any new features, updates, upgrades, 
including the release of new properties, delivered to You shall be subject to terms of 
this License. 
  
1.4 Your right to use the BuddyTV Software is expressly conditioned upon such use 
being solely in compliance with the License and with the procedures and guidelines 
regarding such use as set forth herein. 
  
1.5 You acknowledge and agree that the BuddyTV Software is licensed, not sold to You 
by Licensor. You acknowledge that the BuddyTV Software, including all code, content, 
protocols, software and documentation provided to You by Licensor in conjunction with 
the BuddyTV Software or services, is Licensor's property and is protected by U.S. and 
international copyright, trademarks, patents and other proprietary rights and laws relating 
to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights 
under patent, trademark, copyright and trade secret laws, and any other intellectual 
property or proprietary rights recognized in any country or jurisdiction worldwide, 
including, without limitation, moral or similar rights. You may not delete, alter or remove 
any copyright, trademark or other proprietary rights notices from the BuddyTV Software. 
All rights not expressly granted hereunder are expressly reserved to Licensor. 
 
2. Limitations on use of the BuddyTV Software 
  
You agree not to use the BuddyTV Software to: 
  
2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, 
harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, 
ethnically or otherwise objectionable;  
  
2.2 Harm minors in any way; 
  
2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your 
affiliation with a person or entity;  
  
2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of 
any content transmitted using the BuddyTV Software or to other users; 
  
2.5 Transmit, access or communicate any content that You do not have a right to transmit 
under any law or under contractual or fiduciary relationships (such as inside information, 
proprietary and confidential information learned or disclosed as part of employment 
relationships or under non-disclosure agreements);  
  
2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade 
secret, copyright or other proprietary rights of any party; 
  
2.7 Transmit or communicate any data 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;  
  
2.8 Interfere with or disrupt the BuddyTV Software or other users' ability to engage in 
real time exchanges;  
  
2.9 Intentionally or unintentionally violate any applicable local, state, federal or 
international law, including securities exchange and any regulations requirements, 
procedures or policies in force from time to time;  
  
2.10 Monitor traffic on the BuddyTV Software, obtain or accumulate personal 
information about individual users or collect or store personal data about other users;  
  
2.11 Modify, delete or damage any information contained on the personal computer of 
any other BuddyTV Software user; OR 
  
2.12 "Stalk" or otherwise harass another user.  
 
3. Copyright Infringement and Consents 
  
3.1 Licensor respects the intellectual property of others, and we insist that our users do 
the same. Accordingly, You agree to comply with copyright and other laws. As a 
condition of using the BuddyTV Software, You agree that You will not use the BuddyTV 
Software to infringe the intellectual property or other rights of others, in any way. The 
unauthorized reproduction, distribution, modification, public display, communication to 
the public or public performance of copyrighted works is an infringement of copyright. 
Users are entirely responsible for their conduct and for ensuring that it complies with all 
applicable copyright and data-protection laws. You are hereby put on notice that You are 
entirely responsible for your content and for ensuring that it comports with all applicable 
laws, including all copyright and data-protection laws. In the event a user fails to comply 
with laws regarding copyrights or other intellectual property rights and data-protection 
and privacy, such a user may be exposed to civil and criminal liability, including possible 
fines and imprisonment. Licensor reserves the right to unilaterally terminate your License 
(A) upon an act of infringement in conjunction with the use of the BuddyTV Software, 
(B) if Licensor in its sole discretion believes that your conduct is harmful to the interests 
of Licensor or other users, or (C) for any other reason in Licensor's sole discretion, with 
or without cause.  
  
3.2 You agree to obtain all consents, authorizations and clearances in any data owned or 
controlled by third parties that you transmit, access or communicate to others using the 
BuddyTV Software. 
 
4. Your Obligations 
  
You represent and warrant that You are either the owner or an authorized user of the 
computer where the BuddyTV Software is installed. The services described herein are 
subject to, and You agree that You shall at all times comply with, all local, state, national 
and international laws, statutes, rules, regulations, ordinances and the like applicable to 
use of the BuddyTV Software. 
 
5. Access and Interference 
  
You agree that You will not use any robot, spider, other automatic or manual device or 
process to interfere or attempt to interfere with the proper working of any BuddyTV 
Software, services or content, except to delete or uninstall the BuddyTV Software from a 
computer of which You are the owner or authorized user. We reserve the right to 
investigate occurrences which may involve such violations, and may involve, and 
cooperate with, law enforcement authorities in prosecuting users who have participated in 
such violations. You agree that it is your responsibility to install anti-virus software and 
related protections against viruses, Trojan horses, worms, time bombs, cancelbots or 
other techniques that may have the effect of damaging, destroying, disrupting or 
otherwise impairing a computer's functionality or operation. 
 
6. Licensor's policies with regard to minors 
  
Licensor takes the protection of minors and minor's privacy very seriously. Licensor does 
not encourage participation or visitation by minors. If You are under the age of 13, You 
are prohibited from installing or using the BuddyTV Software. Users under the age of 18 
are prohibited from using the BuddyTV Software without their parent or guardian 
reading and accepting the terms to this License.  
  
Additionally, Licensor does not want child pornography on Licensor's networks. THE 
POSSESSION OF OR SHARING CHILD PORNOGRAPHY IS A CRIMINAL 
OFFENSE. IF YOU SHARE CHILD PORNOGRAPHY, YOU RUN THE RISK OF 
BEING PROSECUTED, FINED OR IMPRISONED AND IF IT COMES TO 
LICENSOR'S ATTENTION THAT YOU ARE SHARING CHILD PORNOGRAPHY, 
YOUR LICENSE WILL BE TERMINATED IMMEDIATELY. You should report any 
incidents to the proper authorities or to one of the non-profit organizations dedicated to 
fighting the spread of child pornography. 
 
7. Taxes 
  
You are responsible for paying all applicable taxes and other costs, however called, 
imposed by any applicable federal, state or local or foreign government or regulatory 
authority in connection with your use of the BuddyTV Software, whether such is imposed 
now or later by the applicable authority, even if such imposition occurs after the receipt 
or use by You of the BuddyTV Software or the termination or expiration of the License. 
You are responsible for paying all hardware and software costs and providing all 
equipment and software necessary to connect to Licensor's web site and to use the 
BuddyTV Software via the Internet and any royalties or other charges relating to the use 
of data owned by third parties.  
 
8. Content and Disclosure 
  
8.1 You understand that all content, including, without limitation all data, links, articles, 
search results, photographs, graphic or video messages and all information, text, 
software, music, sound graphics or other materials ("Content") made available or 
accessible through the BuddyTV Software or Licensor's services, whether publicly 
available or privately transmitted, is the sole responsibility of the party from whom it 
originated. You understand and agree that by using any BuddyTV Software, You may be 
exposed to Content that may be offensive, indecent or objectionable in your community. 
You agree to accept all risks associated with the use of any Content, including any risks 
associated with the integrity, quality, legality, accuracy or completeness of such Content. 
You acknowledge that Licensor does not control or have knowledge of the Content made 
available or accessible through the BuddyTV Software or its services. You agree that 
under no circumstances will Licensor be liable in any way for any Content, including, but 
not limited to, for any errors or omissions in any Content, or for loss or damage of any 
kind incurred as a result of the use of any Content posted or transmitted via the BuddyTV 
Software or services. 
  
8.2 Licensor is not responsible for any content such as audio, video, text or any other, 
files owned by users of the BuddyTV Software. You acknowledge that we do not pre-
screen or filter Content, but that we and our designees have the right (but not the 
obligation) in our sole discretion to refuse or remove any Content that is available via 
BuddyTV. Without limiting the foregoing, we and our designees have the right to remove 
any Content that violates this License or is otherwise objectionable. All of the BuddyTV 
Software is exposed to various security issues, and should be regarded as unsecured. By 
accepting this License, You indicate that You understand, acknowledge and agree that by 
using the BuddyTV Software, You may be subject to various risks, including the 
exposure of data You have downloaded or have offered to share, and that You accept all 
such risk as solely your risk and responsibility. 
  
8.3 In addition, all content made available or accessed through the BuddyTV Software is 
the property of the respective content owner and may be protected by applicable laws, 
including, without limitation, those relating to Intellectual Property Rights. This License 
gives You no legal rights to such content or any Intellectual Property Rights associated 
with such content. By submitting or making Content available or accessible through the 
BuddyTV Software, You grant to Licensor a royalty-free, worldwide, irrevocable, 
perpetual license to display and reproduce your Content online and offline and permit 
others (including without limitation, syndication, co-brand and content partners) to do the 
same. Additionally, you agree that Licensor may use your name and likeness as well as 
your Content to promote and advertise BuddyTV Software.  
  
8.4 On notice, Licensor will act appropriately to remove content under our control that 
infringes the copyrights of others. Licensor reserves the right to disable the access to the 
BuddyTV Software and our services by anyone who uses them to infringe the Intellectual 
Property Rights of others. 
  
8.5 You acknowledge and agree that Licensor may preserve content, and may also 
disclose content if it believes that such preservation or disclosure is reasonably necessary 
(A) if required to do so by law or to comply with legal process, (B) enforce this License, 
(C) respond to claims that any content violates any applicable law or the rights of third-
parties, or (D) to protect the rights, property or personal safety of Licensor, its users and 
the public. 

8.6 In consideration for being selected as an endorsed TVj with promotional support, you agree 
to become an exclusive TVj for BuddyTV.  

9. Licensor's Right to Run Advertising without payment to Users, Feedback 
  
9.1  Licensor reserves the right to run advertisements and promotions on the BuddyTV 
Software and the Licensor's websites. By accepting the terms of this License, You agree 
that Licensor has the right to run such advertisements and promotions without 
compensation to You. The timing, frequency, placement and extent of advertising by 
Licensor within the pages comprising the BuddyTV Software is subject to change and 
shall be determined by Licensor at its sole discretion. Your correspondence or business 
dealings with, or participation in promotions of, advertisers found on or through the 
Licensor's websites or BuddyTV Software, including payment and delivery of related 
goods or services, and any other terms, conditions, warranties or representations 
associated with such dealings, are solely between You and such advertiser. You agree 
that Licensor shall not be responsible or liable for any loss or damage of any sort incurred 
as the result of any such dealings or as the result of the presence of such advertisers on 
the BuddyTV Software and/or Licensors' websites.

9.2  From time to time you may provide suggestions, comments, or other feedback to 
Licensor regarding the BuddyTV Software and the services. You agree that feedback is 
given voluntarily, and that Licensor may use, disclose, reproduce, license, or otherwise 
distribute and exploit any feedback it receives as it sees fit, without obligation or 
restriction of any kind on account of any intellectual property rights or otherwise.

9.3: By agreeing to these terms, the Licensor will also be added to our email distribution list.
The option to unsubscribe is available on every email the Licensor may receive. 
 
10. Installation, Operation and Removal 
  
10.1 Licensor may obtain personal information about You through your use of the 
BuddyTV Software or website if You specifically and knowingly provide such 
information in connection with personalizing the BuddyTV Software or if You contact 
Licensor directly with a question or comment. Your privacy is as important to BuddyTV 
as your business. For BuddyTV's full privacy policy, please refer to the privacy policy 
located at www.BuddyTV.com. 
  
10.2 In connection with the delivery of services, the BuddyTV Software communicates 
with Licensor's servers and use cookies. All such activities are conducted on a non-
personally identifiable basis, as described in greater detail below. 
   
10.3 Except as otherwise provided in this License, all information collected is recorded 
on a non-personally identifiable basis and is kept anonymous. In addition, all information 
activity is evaluated only on an aggregated basis (except in response to a customer 
service inquiry or legal process), and Licensor does not disclose any non-aggregated 
information to third parties, except as Licensor may determine (in its discretion) is 
required by legal process such as a search warrant, subpoena, statute, or court order, or to 
protect the service, or someone's safety.
   
11. Links to Third-Party Sites 
  
The BuddyTV Software may provide, or third-parties may provide, links to World Wide 
Web sites or other Internet resources. Any third-party sites to which the BuddyTV 
Software may link are not under control of Licensor. Licensor does not have any 
responsibility or liability for any information, data, communications, materials or other 
content available on such third-party sites or any changes or updates to such sites. 
Licensor is providing these links to You only as a convenience, and the inclusion of any 
link does not imply endorsement by Licensor of the site. 
 
12. Applicable Law 
  
12.1 This License as well as all disputes arising out of or in connection with this License 
shall be governed by the laws of the State of Washington, without regard to or application 
of choice of law rules or principles. 
  
12.2  Except for the right of Licensor to apply to a court of competent jurisdiction for a 
temporary restraining order, a preliminary injunction, or other equitable relief to preserve 
the status quo or prevent irreparable harm, any dispute as to the interpretation, 
enforcement, breach, or termination of this License will be settled by binding arbitration 
in Seattle, Washington, U.S.A. under the Rules of the American Arbitration Association 
by one arbitrator appointed in accordance with the Rules. Any such controversy or claim 
must be arbitrated on an individual basis, and will not be consolidated in any arbitration 
with any claim or controversy of any other party. All other disputes will be resolved by a 
court specified as specified in this Section.  Judgment upon the award rendered by the 
arbitrators may be entered in any court of competent jurisdiction.  The prevailing party 
will be entitled to receive from the other party its attorneys' fees and costs incurred in 
connection with any arbitration. Except as otherwise set forth in this Section, any dispute 
between you and Licensor regarding this License will be subject to the exclusive 
jurisdiction of the state and federal courts located in King County, Washington in 
connection with any action arising under this License. 
  
12.3 The United Nations Convention on Contracts for the International Sale of Goods 
does not apply to this License. You agree that regardless of any statute or law to the 
contrary, any claim or cause of action You may have arising out of or related to use of the 
BuddyTV Software, Licensor's services or the Licensor or privacy policies must be filed 
within one (1) year after such claim or cause of action arose or be forever barred. 
 
13. International Use/Export Controls 
  
13.1 Recognizing the global nature of the Internet, You agree to comply with all local 
rules regarding on-line conduct and acceptable data. Specifically, You agree to comply 
with all applicable laws regarding copyright and the transmission of technical data 
exported from the country in which you reside. 
  
13.2 The BuddyTV Software and the underlying information and technology may not be 
downloaded or otherwise exported or re-exported (i) into (or to a national resident of) 
Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other 
country to which the U.S. embargoes goods; or (ii) to anyone on the U.S. Treasury 
Department's list of Specially Designated Nationals or the U.S. Commerce Department's 
Table of Deny Orders. By using the BuddyTV Software, You agree to 
the foregoing and 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, and that You 
will otherwise comply with all applicable export control laws. 
 
14. Notice to Government End Users 
  
Any BuddyTV Software and documentation hereunder downloaded or otherwise installed 
for or on behalf of the United States of America, its agencies and/or instrumentalities 
("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that 
term is defined at 48 C.F.R. section 2.101, consisting of "Commercial Computer 
Software" and "Commercial Computer Software Documentation," as such terms are used 
in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable. Pursuant to 
Federal Acquisition Regulation 12.212 (48 C.F.R. section 12.212), the U.S. Government 
shall have only those rights specified in the license contained herein. The U.S. 
Government shall not be entitled to (i) technical information that is not customarily 
provided to the public or to (ii) use, modify, reproduce, release, perform, display or 
disclose commercial computer software or commercial computer software documentation 
except as specified herein. Use, duplication or disclosure by the U.S. Government is 
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical 
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) 
and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-
19, as applicable. 
 
15. Indemnification 
  
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR, 
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR 
OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY 
AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS 
AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, 
PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT 
LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE 
RESOLUTION EXPENSES) INCURRED BY LICENSOR, DUE TO OR ARISING 
OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE 
THROUGH THE BUDDYTV SOFTWARE, YOUR USE OR MISUSE OF THE 
BUDDYTV SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR 
VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF 
ANOTHER. 
 
16. Disclaimers of Warranties 
  
16.1 THE BUDDYTV SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS 
AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND 
WARRANTIES MADE BY LICENSOR, EITHER EXPRESS, IMPLIED OR 
STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH 
RESPECT TO THE BUDDYTV SOFTWARE, INCLUDING BUT NOT LIMITED TO, 
WARRANTIES OF QUALITY, PERFORMANCE, TITLE, TRADE, QUIET 
ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM 
INTEGRATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 
A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY 
COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.  
  
16.2 YOUR ACCESS TO AND USE OF ANY DATA AVAILABLE THROUGH THE 
USE OF THE BUDDYTV SOFTWARE, OR LICENSOR'S WEBSITES IS AT YOUR 
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR 
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT 
RESULTS FROM THE USE OF ANY SUCH MATERIAL.  
  
16.3 WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE 
SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH 
BUDDYTV SOFTWARE OR OUR SERVICES.  
  
16.4 NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, 
SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY 
VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY 
EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS 
PROVIDING DATA, INFORMATION OR SERVICES (EACH A "PROVIDER") 
MAKE ANY REPRESENATION OR WARRANTY: (A) AS TO THE TIMELINESS, 
SEQUENCE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF 
THE BUDDYTV SOFTWARE OR SERVICES OR ANY INFORMATION, SERVICE 
OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE BUDDYTV 
SOFTWARE OR SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN 
UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS 
RELATED TO THE BUDDYTV SOFTWARE OR THE SERVICES WILL BE 
CORRECTED OR (D) THAT WE CAN IDENTIFY IDENTITY THEFT. WE ALSO 
DO NOT WARRANT THAT THE BUDDYTV SOFTWARE OR THE SERVICES OR 
THE INFROMATION AVAILABLE THROUGH THE SERVICES, IS 
APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR 
JURISDCITION.  
  
16.5 THESE DISCLAIMERS OF WARRANTIES CONSTITUTE AN ESSENTIAL 
PART OF THIS LICENSE.  
 
17. Limitation of Liability 
  
17.1 You hereby acknowledge and agree that Licensor shall have no liability (A) for any 
errors or omissions in any data, or for any loss or damage of any kind incurred as a result 
of any data transmitted via the BuddyTV Software, (B) if You are exposed to data that is 
offensive, indecent or objectionable, or (C) for any allegations or findings of 
infringement of copyright or other proprietary rights as a result of your use of the 
BuddyTV Software.  
  
17.2 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LICENSOR 
BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING 
NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT 
LIABILITY OR STRICT LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, 
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF 
PROFITS, GOODWILL, USE, LOSS OF BUSINESS, LOST OPPORTUNITY, DATA 
OR OTHER INTANGIBLE LOSSES, RESULTING FROM:  
  
17.2.1 THE USE OR THE INABILITY TO USE THE BUDDYTV SOFTWARE;  
  
17.2.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, 
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES 
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 
USE OF THE BUDDYTV SOFTWARE;  
  
17.2.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR 
TRANSMISSIONS, PERSONAL COMPUTER OR DATA;  
  
17.2.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE 
BUDDYTV SOFTWARE; OR  
  
17.2.5 ANY OTHER MATTER RELATING TO THE USE OF THE BUDDYTV 
SOFTWARE.  
  
17.3 WHERE APPLICABLE LAW IMPLIES INTO THIS LICENSE ANY 
CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT 
CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN 
THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE 
INCLUDED IN THIS LICENSE, PROVIDED THAT TO THE FULL EXTENT THAT 
LICENSOR IS ABLE TO MITIGATE OR DISCLAIM THE LIABILITY OF 
LICENSOR FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, 
INCLUDING AN ECONOMIC OR CONSEQUENTIAL LOSS, LIABILITY SHALL 
BE LIMITED AT THE OPTION OF LICENSOR TO ONE OR MORE OF THE 
FOLLOWING: 
  
17.3.1 IF THE BREACH IS RELATED TO GOODS: (A) THE REPLACEMENT OF 
THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF 
GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR 
OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF THE COST OF 
HAVING THE GOODS REPAIRED; OR 
  
17.3.2 IF THE BREACH IS RELATED TO SERVICES: (A) THE SUPPLY OF THE 
SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE 
SERVICES SUPPLIED AGAIN. 
 
18. Termination 
  
It is your responsibility to comply with the terms of this License and to obey the laws of 
your jurisdiction. Your rights under this License will terminate immediately and without 
prior notice if: You violate any term of this License, including violating any applicable 
laws or rights of any third party including the intellectual property rights of any such 
third party. You may be subject to legal action if you continue to use the BuddyTV 
Software in violation of this License. Licensor may terminate this License, disable the 
BuddyTV Software or cease providing any service at any time in our sole discretion.  
 
19. Trademarks 
  
The Licensor's names, logos, and other related properties are trademarks of Licensor. All 
other trademarks appearing on BuddyTV Software are trademarks of their respective 
owners.  
 
20. Electronic Signatures and Agreements 
  
You acknowledge and agree that by clicking on the button labeled "Submit" or such 
similar links as may be designated by Licensor to use the BuddyTV Software to 
accept the terms and conditions of this License, You are submitting a legally binding 
electronic signature and are entering into a legally binding contract. You acknowledge 
that your electronic submissions constitute your agreement and intent to be bound by this 
License. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, 
including without limitation the United States Electronic Signatures in Global and 
National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU 
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, 
ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF 
NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR 
COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY 
LICENSOR. Further, You hereby waive any rights or requirements under any statutes, 
regulations, rules, ordinances or other laws in any jurisdiction which require an original 
signature or delivery or retention of non-electronic records, or to payments or the 
granting of credits by other than electronic means.  
 
21. Miscellaneous 
  
21.1 Licensor may amend this License or the terms and conditions hereof at any time 
which You will be required to agree to in order maintain the License and to continue with 
the use of the BuddyTV Software. You should regularly check Licensor's website to 
determine if any material changes have been made. You agree that your continued use of 
any BuddyTV Software or Licensor's services after the effective date of any change to 
this License will constitute your affirmative consent to this revised License. 
  
21.2 This License constitutes the entire understanding between Licensor and You with 
respect to the subject matter hereof. There are no understandings, agreements, conditions 
or representations, oral or written, express or implied, with reference to the subject matter 
hereof that are not merged herein, expressly referenced herein, or superseded hereby.  
  
21.3 The failure or delay of Licensor to exercise or enforce any rights or provision of this 
License does not constitute a waiver of such right or provision.  
  
21.4 All provisions which must survive in order to give effect to their meaning, shall 
survive any expiration or termination of this License, including without limitation all of 
your representations, warranties and indemnification obligations.  
  
21.5 Should any part of this License be held invalid by any court or tribunal, such 
invalidity shall not affect the validity of any remaining part, which will remain in full 
force and effect as if this License had been executed without that part having been held to 
be invalid. 
  
21.6 You may not assign any of your rights or delegate any of your obligations under this 
License without the prior written consent of Licensor.