B-Roll videos terms of use

Updated March 2009

The TiVo B-Roll Videos (the "Videos") are being provided to you ("You") by TiVo Inc. ("TiVo"). If You proceed to use the Videos located at the TiVo website (the "Site"), You agree to abide by these Terms of Use (the "Terms of Use"). If You do not wish to abide by these Terms of Use (or to any disclaimers posted elsewhere on the TiVo Site), then You may not use the Videos. 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 the Videos will signify and represent Your acceptance of the current Terms of Use.

Description of Videos
Through this Site, TiVo provides You with access to a variety of Videos, including footage of new and classic TiVo features. The Videos provide product information for the TiVo® Series2 DVR, TiVo Series3 DVR, TiVo HD DVR, and TiVo HD XL DVR, and highlights service features such as Netflix® on TiVo, Amazon® Video on Demand, YouTube™ videos, TiVo Search, Product Purchase, Domino’s Pizza® on TiVo, TiVo Mobile, Online Scheduling and TiVoToGo™ transfers. The Videos, including any updates, enhancements, and new features are subject to the Terms of Use.

Permitted Use of Videos
The Videos are available for use free of charge and may be (A) reproduced either in their entirety or in excerpted form, and captioned by You solely for editorial use within your editorial products (i.e., video news stories, print articles etc.), and (B) transmitted, distributed, publicly performed and displayed anywhere in the world as part of Your editorial products by Internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, microwave, web cast, display in web content, radio, print or other information distribution systems. Video that is not incorporated into your editorial products may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by TiVo, however, editorial products which contain Videos may be archived as part of normal archival processes. You may not use any Videos for promotion or advertising of any product or service other than the editorial product into which the Videos are incorporated. Your rights to use the Videos is non-transferable, and may not be resold, traded or otherwise transferred, except that the Videos may be transferred as part of normal distribution of the editorial product.

Use of the Videos in any manner other than as expressly permitted above requires the prior written consent of TiVo. You may not remove any copyright or other intellectual property notices contained in the Videos.

Third Party Companies and Products
Mention of third party content and products in the Videos 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 third party content or products of any Videos. When You access a Video, please understand that TiVo has no control over the third party content or products in that Video. TiVo makes no representations regarding the quality, safety or suitability of any products or content 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.

Trademark Information
"TiVo", the TiVo logo, "TiVo Central", "Season Pass", "TrickPlay", “Swivel”, "WishList", the Thumbs Down logo, the Thumbs Up logo, the Series2 logo and text, the Series3 logo and text, the Jump logo and text, the Instant Replay logo, the Ascending sound, the Descending sound, the Alert sound, the Select sound, the Speedup1 sound, the Speedup2 sound, the Speedup3 sound, the Thumbsup sound, and the TiVo sound are trademarks or registered 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.

No Unlawful or Prohibited Use
As a condition of Your use of the Videos, You will not use the Videos for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Videos in any manner that could damage, disable, overburden, or impair or interfere with any other party's use and enjoyment of the Videos. You may not attempt to gain unauthorized access to the Videos 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 Videos.

Violations of any of the above, including 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 Videos, or Your violation of these Terms of Use.

Termination
If You violate any of these Terms of Use, Your permission to use the Videos enabled by the Site will automatically terminate, and we may end Your authorization to use the Videos and login to the Site.

We may terminate Your authorization to use the Videos at any time for any reason or for no reason without liability to You. 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.

Limitation of Liability
YOU AGREE THAT NEITHER TIVO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE VIDEOS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE VIDEOS, 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. IN NO EVENT WILL 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 U.S. $50.00. APPLICABLE LAW MAY LIMIT OR DISALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL APPLY TO YOU, ONLY TO THE EXTENT PERMITTED BY LAW.

Disclaimer
TiVo intends for the information and data contained in the Videos to be accurate and reliable, however, because 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 in the Videos.

THE VIDEOS ARE PROVIDED BY TIVO ON AN "AS IS" BASIS. TIVO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE VIDEOS OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE VIDEOS, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED IN THE VIDEOS, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE VIDEOS, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE VIDEOS. 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 IN THE VIDEOS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIVO ALSO ASSUMES NO RESPONSIBILITY, AND WILL 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 VIDEOS FROM THE SITE.

Applicable Law and Jurisdiction
This Site is created and controlled by TiVo Inc. in the State of California, USA. TiVo makes no representation that Videos 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. All information available on this Site is subject to U.S. export control laws and may also be subject to similar laws of the country where You reside.

By accessing this Site and the Videos, 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 is unlawful, void or for any reason unenforceable, then that provision will be severed from these Terms of Use and will 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, if and to the extent they are applicable, keeping in mind that access to the Videos 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 Videos and supersede all prior agreements between the parties regarding the subject matter contained herein.

Any rights not expressly granted herein are reserved.