Web Site Terms and Conditions (Updated August 2010)

This web site ("Site") is owned, operated and provided to you ("You") by TiVo Inc. ("TiVo"). If You proceed to use the TiVo resources located at this Site, You agree to abide by these Terms of Use and to our Privacy Policy (see link below). If You do not wish to abide by these Terms of Use (or to the Privacy Policy and any disclaimers posted elsewhere on the TiVo Site) then You may not use this Site. TiVo may from time to time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to review the current Terms of Use, so You are aware of any such revisions to which You are bound. Your continued use of this Site and the resources enabled by the Site will signify and represent Your acceptance of the current Terms of Use.

Description of Resources

Through this Site, TiVo provides You with access to a variety of resources, including product information and Remote Scheduling feature (collectively "Resources"). The Resources, including any updates, enhancements, and new features are subject to the Terms of Use.

Remote Scheduling

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.

Privacy

Please review TiVo's Privacy Policy located as www.tivo.com/privacy and Website Privacy Policy located as www.tivo.com/5.11.1 .asp, which are incorporated herein by reference. When You use the Remote Scheduling feature, You are instructing TiVo to record a particular program on Your DVR. Unlike when You record programs on Your DVR at home, TiVo must associate Your viewing choice with Your DVR to fulfill Your request. Accordingly, by using the Remote Scheduling feature, You are expressly consenting to TiVo's collection of the Personally Identifiable Viewing Information associated with the fulfillment of Your recording request. TiVo may use and disclose this information consistent with TiVo's Privacy Policy. Use of the Remote Scheduling feature, however, does not change Your privacy preferences with respect to viewing choices made in the privacy of Your household. For example, if You schedule a recording of Friends from our Site, TiVo will know that You scheduled a particular recording of Friends from our Site and other associated information such as what date and time You scheduled the recording, and when the recording was scheduled to be aired. TiVo would not know what other programs You recorded at home (unless You had affirmatively changed Your privacy preferences to enable TiVo to collect all of Your Personally Identifiable Viewing Information).

If You affirmatively request to be notified of any scheduling conflicts when using the Remote Scheduling feature, You are expressly consenting to TiVo's collection and distribution to Your designated e-mail address of Personally Identifiable Viewing Information concerning the conflicting scheduling information. TiVo may use and disclose this information consistent with TiVo's Privacy Policy. Use of the conflict notification option, however, does not otherwise change Your privacy preferences with respect to viewing choices made in the privacy of Your household.

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.

Trademark Information

"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.

Violations of any of the above, including intellectual property infringement and Site or service security issues, will be investigated by TiVo and prosecuted to the fullest extent of the law, whether civil or criminal. TiVo may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold harmless TiVo, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, the Site Content, or Your violation of these Terms of Use.

Termination

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.

We may terminate Your authorization to use the Site or Remote Scheduling feature at any time. We would likely terminate Your authorization if You do not visit the Site for an extended period of time, or we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The termination of Your authorization to use this Site shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to provisions relating to indemnification, limitation of liability, and proprietary rights.

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.

Disclaimer

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.

By accessing this Site, You agree that the laws of the State of California will govern all matters relating to this Site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the Superior Court of Santa Clara County for state claims and the Northern District of California for federal claims in all disputes arising out of or relating to the use of this Site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of TiVo. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of TiVo shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use comprise the entire agreement between You and TiVo with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.

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.