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.