TERMS AND CONDITIONS OF USE
TVissimo, Inc. (“TVissimo”, “we” or “us”) maintains the TVissimo website (the “Website”) to provide information and resources relating to television program scheduling. The Website provides resources and information for casual visitors and for users who log in and register (collectively, “Users”). By using the Website or by logging in as a member, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Website.
1. Registration.
If you register and log in as a member of the Website (“Member”), you represent and warrant to TVissimo that: (i) you are of legal age to form a binding contract; (ii) you will provide TVissimo with accurate, current and complete registration information; and (iii) your registration and your use of the Website is not prohibited by law. TVissimo reserves the right to suspend or terminate your registration, or your access to this Website, in the event that you breach any term of this Agreement.
2. Minors.
This Website is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a Member or send any information about yourself to us.
3. Ownership of Materials on the Website.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Website, including any Submissions (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. All software used on the Website is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks “TVISSIMO” and the TVISSIMO “television” logo are registered or unregistered trademarks of TVissimo, and they may not be used in connection with any service or products other than those provided by TVissimo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TVissimo. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
4. Your Registration and Related Information.
The information you submit to us as part of your registration (collectively, the “Registration Information”), remains your property, and TVissimo does not claim any ownership of the copyright or other proprietary rights in the Registration Information. Notwithstanding the foregoing, you agree that TVissimo may use the Registration Information as reasonably necessary for, or incidental to, its operation of the Website.
5. Submissions to TVissimo Belong to TVissimo.
TVissimo is pleased to hear from you and welcomes your comments. In the event that you submit ideas, suggestions, materials or other information to TVissimo other than your Registration Information (“Submissions”), the Submissions will be deemed, and will remain, the sole property of TVissimo. None of the Submissions will be subject to any obligation of confidence on the part of TVissimo, and TVissimo and TVissimo Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, TVissimo will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of them irrevocably and unconditionally waives and covenants not to assert any of such rights against TVissimo or its affiliates, successors, assigns, licensees, partners, and customers (collectively, “TVissimo Affiliates”), as well as any users of the Website.
6. License to Use the Website.
TVissimo authorizes you to view, download, print, copy and use the Site Content subject to the following conditions: (a) you may only download, print, copy and use the Site Content in limited quantities as reasonably necessary for your personal, non-commercial use; (b) any displays or print outs of the Site Content must be marked “© TVissimo, Inc. 2008. All rights reserved.”; and (c) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of TVissimo.
You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
7. Friends Feature.
The Website allows you to input your friends’ email addresses so that you may share your favorite TV shows with your friends (“Interactive Features”). You shall not insert or use any email address of any third party unless you have prior consent to do so. You represent and warrant to TVissimo that you shall not:
(a) Use a Interactive Feature for any purpose in violation of local, state, national or international laws;
(b) Impersonate any person or entity when using Interactive Features, or use any Interactive Feature to harass or annoy any person;
(c) Harvest, collect or use information about others, including email addresses, without their consent;
(d) Post any material more than once or “spam”; or
(e) Engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature or the Website, or which, in TVissimo’s sole judgment, exposes TVissimo or any TVissimo Affiliate to any liability or detriment of any type.
8. Links to Third Party Website Are Not Endorsements.
The Website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by TVissimo. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
9. Warranty Disclaimers and Limitations of Liability.
TVissimo and TVissimo Affiliates make no representations or warranties of any kind regarding the Website and the Site Content. The Website and Site Content are provided in “AS IS” condition, and TVissimo and TVissimo Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from TVissimo, any of TVissimo Affiliates or through the Website or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER TVISSIMO NOR TVISSIMO AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM TVISSIMO OR TVISSIMO AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF TVISSIMO OR TVISSIMO AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Link to the Privacy Policy.
TVissimo operates the Website under the PRIVACY POLICY published at [Add link]. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
11. Applicable Law and Jurisdiction; Compliance.
You and TVissimo agree that all matters arising from or relating to the use and operation of the Website will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Website will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Website from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Website or Site Content in violation of U.S. export laws or regulations.
12. Miscellaneous Provisions.
No delay or omission by TVissimo in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by TVissimo of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement (of which the Privacy Policy forms part) sets forth the entire agreement between you and TVissimo regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: February 2, 2009.
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