TiVo Rewards^™ terms & conditions

NOTICE DATE: FEBRUARY 28, 2008

THE TIVO® REWARDS PROGRAM WILL OFFICIALLY TERMINATE ON MAY 28, 2008 AT 11:59PM ET. NO NEW ENROLLMENTS IN THE TIVO REWARDS PROGRAM WILL BE PERMITTED AS OF FEBRUARY 28, 2008 AT 11:59PM ET. ALL CURRENT TIVO REWARDS PARTICIPANTS HAVE UNTIL APRIL 28, 2008 AT 11:59PM ET TO EARN AND ACCRUE TIVO POINTS. IF YOU ARE A TIVO REWARDS CREDIT CARD HOLDER, YOUR LAST DAY TO EARN TIVO POINTS THROUGH THE TIVO REWARDS CREDIT CARD WILL BE THE CLOSING DATE OF YOUR APRIL 2008 TIVO REWARDS CREDIT CARD BILLING STATEMENT. ALL TIVO REWARDS PARTICIPANTS WILL HAVE UNTIL MAY 28, 2008 TO REDEEM THEIR TIVO POINTS. THE TIVO REWARDS PROGRAM WILL TERMINATE AT 11:59PM ET ON MAY 28, 2008 AT WHICH TIME ALL UNUSED TIVO POINTS WILL EXPIRE AND THE TIVO REWARDS PROGRAM WILL TERMINATE. FOR ADDITIONAL INFORMATION, PLEASE SEE THE FREQUENTLY ASKED QUESTIONS ABOUT THESE PROGRAM CHANGES.

(as updated June 14, 2007)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

BY REGISTERING FOR THE TIVO REWARDS PROGRAM ("TIVO REWARDS") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (THE "TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR TIVO REWARDS. TIVO REWARDS POINTS MAY BE REDEEMED ONLY FOR THE REWARDS OFFERED BY TIVO INC. ("TIVO"). TIVO RESERVES THE RIGHT TO MODIFY OR TERMINATE TIVO REWARDS IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY ACCUMULATED. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF.

TiVo Rewards membership eligibility.

1. You may only register for TiVo Rewards, on or after August 10, 2004, if you are an individual who is at least 18 years of age as of the date of enrollment, a resident of the United States (excluding any U.S. territories, including Puerto Rico), have the capacity to enter into binding contracts, and are not already a TiVo Rewards member. Corporations or other entities are not eligible for TiVo Rewards. TiVo employees and their families are eligible to participate in TiVo Rewards.
2. To enroll in TiVo Rewards, you must provide accurate, current, and complete information about yourself and you must maintain the accuracy, currency, and completeness of your personal information to maintain your eligibility for TiVo Rewards. If you provide any registration data that is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of TiVo Rewards.
3. You must have Internet access and an email address to be eligible for TiVo Rewards. You may only access your TiVo Rewards account (including viewing a summary of your account) via the TiVo Rewards website: www.tivo.com/rewards. TiVo is not responsible for your inability to connect to the Internet to access your TiVo Rewards account.
4. The effective date of TiVo Rewards and these Terms is August 10, 2004.
5. Please refer to our Frequently Asked Questions page of the TiVo Rewards website for additional information regarding TiVo Rewards and customer support.

Your privacy.

Please review the TiVo Privacy policy (available at www.tivo.com/privacy) that governs TiVo Rewards (except as otherwise stated in these Terms) to understand our practices in connection with the use and protection of your personal information. Your enrollment and participation in TiVo Rewards constitutes your acknowledgement and consent to the TiVo Privacy Policy. If you are a TiVo Platinum MasterCard holder, you should also review Barclays Bank's (formerly Juniper Bank) privacy policy found at www.Barclaycardus.com for its policies with respect to the use and protection of personal information collected by it in connection with its servicing of your TiVo Platinum MasterCard credit card. BY APPLYING FOR THE TIVO PLATINUM MASTERCARD, YOU AGREE THAT BARCLAYS AND TIVO MAY SHARE INFORMATION REQUIRED TO ADMINISTER TIVO REWARDS.

Your TiVo Rewards account.

1. Only one TiVo Rewards account per person is allowed and points belonging to different TiVo Rewards accounts may not be combined.
2. For TiVo Platinum MasterCard holders, the individual named as the primary account holder for the TiVo Platinum MasterCard will be the only person able to accrue TiVo Rewards points for eligible use of the TiVo Platinum MasterCard in accordance with these Terms.
3. TiVo will attempt to credit TiVo Rewards member's accounts with TiVo Rewards points on a timely basis. However, each member shall have the responsibility of ensuring that his or her points are properly credited. Please retain copies of your TiVo Platinum MasterCard bank statements for your records. Any claim for TiVo Rewards points not credited accurately must be received by TiVo within sixty (60) days of the date of claimed accrual of such points. For any claim for uncredited referral points, it is sixty (60) days from the date the New Subscriber (as defined below) activates a new TiVo service subscription. TiVo shall have no liability for any printing, production, typographical, mechanical or other errors in the Tivo Rewards points summaries distributed by either TiVo or Barclays Bank, for any delay or failure to credit Tivo Rewards points to your account or for any failure to provide TiVo Rewards account summaries as outlined herein.
4. By registering for and using the TiVo Rewards program, you are responsible for maintaining the confidentiality of your TiVo Rewards account information and password and for restricting access to your account and your computer, and you agree to accept responsibility (and to hold TiVo harmless) for all activities that occur under your account or password and to authorize TiVo to act upon all instructions received under your TiVo Rewards account password.
5. Your TiVo Rewards account may be closed at TiVo's sole discretion for any reason. TiVo Rewards points accrued will expire twenty-four (24) months after the date initially accrued. It is the responsibility of the member to be aware of the expiration of their points. No extensions, cash refunds or other exchanges will be allowed for expired TiVo Reward points.

TiVo Rewards guidelines.

1. Membership in TiVo Rewards and its benefits are offered at the sole discretion of TiVo. TiVo and its partners have the right to change, limit, modify, increase, decrease, or cancel TiVo Rewards' Terms, point redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting points and rewards, or any other aspect of TiVo Rewards, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards. Each member is responsible for reading from time to time the TiVo Rewards Terms, newsletters, and their account statements in order to understand his or her rights, responsibilities, and status in TiVo Rewards.
2. The awarding and redemption of TiVo Rewards points are void where prohibited by law. The accumulation of points is subject to these Terms. Points accrued under TiVo Rewards do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, TiVo Rewards points are not redeemable for cash, transferable, or assignable for any reason. The sale, solicitation, trade or other trafficking in TiVo Rewards points or referrals is strictly prohibited. The value of TiVo Reward points and the availability of rewards available for redemption are subject to change at any time, without notice.
3. Each TiVo Rewards member will receive a TiVo Rewards identification number. Upon receiving a TiVo Rewards identification number the member will be eligible to accrue TiVo Rewards points.
4. Participation in TiVo Rewards is subject to these Terms, as well as any policies, restrictions, and procedures that TiVo may adopt or modify from time to time, including any conditions applicable to specific rewards available for redemption. TiVo may amend these Terms and any other applicable policies, restrictions, and procedures at any time without notice. TiVo has the sole discretion to interpret and apply these Terms. Your continued use of TiVo Rewards, following the posting of conspicuous notice of any modification, will indicate your acceptance of any modification to the Terms hereof.If at any time a member does not accept the terms and conditions, or any subsequent amendments or modifications thereto, or becomes dissatisfied with TiVo Rewards, his or her sole remedy is to terminate participation and membership in the program.
5. Any failure to abide by these Terms or any policies, restrictions, or procedures implemented by TiVo, any conduct detrimental to TiVo, or any misrepresentation or fraudulent activities in connection with TiVo Rewards may result, in addition to any rights or remedies available to TiVo in law or equity, in the termination of membership in TiVo Rewards and cancellation of the TiVo Platinum MasterCard, as well as forfeiture of TiVo Rewards points accrued to date and any other benefits accrued in connection therewith, in TiVo's sole discretion. TiVo reserves the right to invalidate TiVo Rewards points from a member's account if it determines that such points were improperly credited to such member's account or obtained fraudulently. TiVo reserves the right to require proof of accrual of TiVo Rewards points and TiVo reserves the right to delay the processing or redemption of any TiVo Rewards points without notice to you, in order to assure compliance with the Terms outlined herein. In the case of fraud or abuse involving TiVo Rewards, point credit, or reward use, TiVo and its partners have the right to take appropriate administrative and/or legal action, and all points accrued through TiVo Rewards may be forfeited and the account closed.
6. TiVo may terminate TiVo Rewards at any time. In such an event, TiVo shall give conspicuous notice at least ninety (90) days prior to the date that such termination becomes effective, during which time you may still accrue and redeem TiVo Rewards points unless otherwise determined by TiVo in its sole discretion. Provided however, that you agree that TiVo shall not be required to give ninety (90) days notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankrupt, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All TiVo Rewards points must be used prior to the effective date of termination. You should never rely upon the continued availability of TiVo Rewards or any TiVo Rewards points accumulated.
7. TiVo may at any time and without notice suspend or disable the TiVo Rewards Website for maintenance or upgrades. TiVo will not be responsible for your inability to redeem or accrue TiVo Rewards points for the period that the website is disabled.

Your accrual of TiVo Rewards points.

1. Members have the opportunity to accrue points by referring a qualifying "Subscriber" to the TiVo® service. A qualifying "Subscriber" to the TiVo service is: (a) an individual person other than the referring TiVo Rewards member (who may not refer themselves); (b) who activates a new TiVo service subscription (excluding TiVo Basic service subscriptions and TiVo service subscriptions through DirecTV and BSKYB) after August 10, 2004 for at least thirty (30) days; (c) the referring member cannot have previously received referral credit for the same TSN (the TiVo Service Number unique to each TiVo DVR); and (d) the reactivation of a TiVo service subscription on the same TSN is specifically excluded. A Subscriber must enter the TiVo Rewards member's account e-mail address at the time of activation in order for the TiVo Rewards member to accrue points for the referral of a qualifying Subscriber. Only one TiVo Rewards member can accrue points for each Subscriber. Points for qualifying "Subscriber" referrals maybe awarded by TiVo prior to the expiration of the thirty (30) day required activation period. TiVo specifically reserves the right to audit TiVo Rewards members points accruals at any time, including after such points have been awarded and at the time of redemption, for compliance with these Terms and to take appropriate action in accordance with these Terms in the event of fraud, malfeasance, or any other non-compliance.
2. TiVo Rewards points may not be accrued for a referral made prior to the date the TiVo Rewards member joined TiVo Rewards, as shown in our records. No retroactive credit will be given unless a TiVo Rewards member has received an email from TiVo Rewards regarding a referral that the member made prior to joining TiVo Rewards; in that case, he or she will be able to claim those points upon joining TiVo Rewards.
3. All transactions in TiVo Rewards are subject to review and adjustment by TiVo. TiVo reserves the right to invalidate points posted to a member's account upon notice that the member did not comply with these Terms. No other person except the TiVo Rewards member can accrue points on his or her account.
4. One (1) TiVo Rewards point will be issued for every one dollar ($1.00) of net purchases made on a member's TiVo Platinum MasterCard rounded to the nearest dollar. The accumulation of TiVo Rewards points for use of the TiVo Platinum MasterCard is governed by the Barclays Terms and Conditions provided with the credit card. The Barclays Terms and Conditions relating to the accumulation of points, which are subject to amendment in Barclays' sole discretion, are summarized as follows: "Net Purchases" shall be defined as the gross amount of purchases made on the Tivo Platinum MasterCard minus the amount of any returns. Adjustments will be made to your TiVo Rewards account to reflect subsequent credit card account events such as returns or other credits and failure to maintain your account in good standing. For example, if a purchase is returned and a credit is made to your credit card account, there will be a corresponding reduction of TiVo Rewards points. TiVo Rewards points will be issued to the primary account holder of the TiVo Platinum MasterCard making the transaction. No TiVo Rewards points will be accrued for any other costs, charges or transactions associated with your TiVo Platinum MasterCard including, but not limited to, finance charges, late fees, cash advances, or balance transfers. To remain eligible to use the TiVo Platinum MasterCard, your credit card account must remain in good standing and it is subject to the Barclays Bank Terms and Conditions. "Good Standing" means that you are not in default under the Barclays Card Member Agreement. To refer to the Barclays Bank Terms and Conditions for more details.
5. The TiVo Rewards points structure is subject to modification or limitation at any time, with or without notice, in TiVo's sole discretion, and TiVo expressly reserves the right to establish additional means of accruing TiVo Rewards points, to delete any or all of the currently recognized means of accruing TiVo Rewards points, to exclude specific types of transactions or to make TiVo Rewards points selectively available to certain TiVo Rewards members based upon factors in its sole discretion.

Your redemption of TiVo Rewards points.

1. TiVo Rewards points are eligible for redemption once credited to the member's account. Points can only be redeemed on the TiVo Rewards website by the Rewards member who accrued them. TiVo Rewards account must contain the minimum number of points required for the requested reward. TiVo Rewards points will be deducted immediately upon order of the requested reward. Once TiVo Rewards points have been redeemed for a reward they may not be returned or refunded to a member's account for any reason.
2. TiVo Rewards points cannot be combined with any other method of payment. Points cannot be combined with other promotions, coupons, or special offers, except where designated by TiVo.

Additional TiVo Rewards terms & conditions.

1. Limitation on Liability. TIVO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF TIVO REWARDS, (B) ANY FAILURE OR DELAY BY US IN CONNECTION WITH TIVO REWARDS (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF TIVO REWARDS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY TIVO, EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. If, despite the limitation above, TiVo is found liable for any loss or damage arising out of or is in any way connected with any of the events described in the limitation above, then its liability will in no event exceed, in total, the sum of US$200.00.
2. Disclaimer of Warranties. TIVO MAKES NO WARRANTY OF ANY KIND REGARDING TIVO REWARDS, WHICH IS PROVIDED ON AN "AS IS" BASIS. TIVO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT TIVO REWARDS WILL BE ERROR-FREE. TIVO FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO TIVO REWARDS. TIVO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
3. Complete Agreement and No Waiver. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between us relating to TiVo Rewards, and replaces any prior understandings or agreements (whether oral or written) regarding TiVo Rewards. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. TiVo Rewards is void where prohibited. If TiVo fails to act with respect to your breach or anyone else's breach on any occasion, TiVo is not waiving its right to act with respect to future or similar breaches.
4. Governing Law and Jurisdiction. The laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of TiVo Rewards or these Terms, you agree to file such action only in the state and federal courts located in Santa Clara County, California (USA).

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TiVo Rewards is a trademark of TiVo Inc.