Web Site Terms and Conditions (Updated August 2010)
Description of Resources
The TiVo Remote Scheduling™ feature is intended to allow authorized users (such as purchasers of the TiVo Home Media Option™ package) to program Your TiVo® DVR through the Internet. You hereby acknowledge that recording requests and settings entered through this Site or through other Web sites that offer the Remote Scheduling feature cannot be completed unless Your TiVo DVR is connected to a video source and an Internet connection, and You have subscribed to the TiVo® Service. Remote Scheduling is dependent upon a number of variables, many of which TiVo does not control. TiVo does not guarantee that a program You designate through this Site to record will be recorded or that any of the recording settings or options designated through this Site will be implemented.
TIVO IS NOT RESPONSIBLE FOR, NOR HAS ANY CONTROL OVER, THE CONTENT OF ANY SHOWS VIEWED OR RECORDED USING A TIVO DVR OR THE REMOTE SCHEDULING FEATURE. FURTHER, YOU HEREBY DECLARE AND AFFIRM THAT ANY AND ALL RECORDINGS MADE USING YOUR TIVO DVR OR THE REMOTE SCHEDULING FEATURE ARE FOR PERSONAL, NONCOMMERCIAL USE, AND THAT NO RECORDINGS MADE THROUGH EITHER THE RECORDER OR FEATURE WILL BE SOLD OR SHOWN TO A PUBLIC AUDIENCE. UNAUTHORIZED COPYING OR DISTRIBUTION OF COPYRIGHTED WORKS MAY CONSTITUTE AN INFRINGEMENT OF THE COPYRIGHT HOLDERS' RIGHTS. TIVO RESERVES THE RIGHT TO TERMINATE THE ACCOUNTS OF USERS OF THE REMOTE SCHEDULING FEATURE WHO INFRINGE THE COPYRIGHTS OF OTHERS.
Password and Security
If any of the Resources require You to register with TiVo, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You authorize TiVo to assume that any person using the Site with Your password and user name either is You or is authorized to act for You. You agree to notify TiVo immediately of any unauthorized use of Your account or any other breach of security. TiVo will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by TiVo or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Third Party Companies and Products
Mention of third party products, companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. TiVo provides this information only as a convenience to You and TiVo makes no representation whatsoever regarding the content of any other Web sites. When You access a non-TiVo site, please understand that it is independent from TiVo and that TiVo has no control over the contents on that Web site. A link out to a non-TiVo Web site does not mean that TiVo endorses or accepts any responsibility for the content or use of such Web site. TiVo makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between You and the vendor.
Personal and Non-Commercial Use Limitation
The contents of this Site, including the text, images, audio and video (collectively referred to herein as "Materials") and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from the Resources.
Notice Specific To Documents Available On This Site
Permission to use Documents (such as white papers, press releases, and FAQs) from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Resources is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the TiVo.com Web site or any other TiVo owned, operated, licensed or controlled site. Elements of TiVo Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TiVo Web site may be copied or retransmitted unless expressly permitted by TiVo.
"TiVo", the TiVo logo, “TiVo, TV Your way”, "What you want, when you want it", "TiVo Central", "TiVolution", "Can't Miss TV", "Ipreview", and the Jump logo are registered trademarks of TiVo Inc. The Instant Replay logo, "Overtime Scheduler", "Season Pass", "See it, want it, get it", "Thumbs Down" (logo and text), "Thumbs Up" (logo and text), "TiVolution", Series2 logo and text, "Home Media Option", "TrickPlay" and "WishList" are trademarks of TiVo Inc. The absence of a product or service name or logo belonging to TiVo Inc. or anywhere in the text of this Site does not constitute a waiver of TiVo's trademark or other intellectual property rights concerning that name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. TiVo disclaims any and all rights in these marks.
Our trademarks may not be used (i) to identify products or services that are not TiVo's, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that TiVo sponsors or endorses Your products or services or (v) in any manner that disparages or discredits TiVo.
No Unlawful or Prohibited Use
As a condition of Your use of the Site and Resources, You will not use the Site and Resources for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or Resources in any manner that could damage, disable, overburden, or impair any TiVo server, or the network(s) connected to any TiVo server, or interfere with any other party's use and enjoyment of the Site or any Resources. You may not attempt to gain unauthorized access to the Site or any Resources, other accounts, computer systems or networks connected to any TiVo server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.
If You violate any of these terms, Your permission to use the Resources enabled by the Site will automatically terminate, and we may end Your authorization to use the Site.
TiVo Service Terms and Conditions
No functionality is represented or should be expected with respect to TiVo DVRs without a paid subscription to the TiVo Service. Receipt of TiVo Service is subject to the terms of the TiVo Service Agreement. The TiVo service is accessed through a standard telephone line and is available as a local call in most areas. In some areas, local and long-distance toll charges may apply.
Feedback and Information
Any feedback You provide at this Site shall be deemed to be non-confidential. TiVo and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
Limitation of Liability
YOU AGREE THAT NEITHER TIVO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE REMOTE SCHEDULE FEATURE OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TIVO IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON YOUR TIVO DVR.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL TIVO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
TiVo intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by TiVo from a variety of sources, TiVo does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site. In particular, TiVo has no control over the quality, availability, safety, legality, truthfulness or accuracy of any listings or programming information.
THIS SITE IS PROVIDED BY TIVO ON AN "AS IS" BASIS. TIVO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE REMOTE SCHEDULING FEATURE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, TIVO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE REMOTE SCHEDULING FEATURE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TIVO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. TIVO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
Solicited and Unsolicited Idea Submission Policy
TiVo or any of its employees do not accept or consider ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names, unless TiVo directly requests such feedback. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TiVo's advertisements, products or marketing strategies might seem similar to ideas submitted to TiVo. If You submit unsolicited ideas, or ideas and materials otherwise solicited by TiVo on this Site, please understand that TiVo makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of TiVo Inc.
Applicable Law and Jurisdiction
This Site is created and controlled by TiVo Inc. in the State of California, USA. TiVo makes no representation that Materials on the Site are appropriate or available for use in other locations. If You access this Site from another location, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.
Any rights not expressly granted herein are reserved.
BY USING THIS SITE, I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS AND CONDITIONS AS STATED ABOVE.
COPYRIGHT NOTICE. Copyright © 2010 TiVo Inc., 2160 Gold Street, Alviso, California 95002