Effective as of July 20, 2016.
This page contains the TiVo User Agreement and the TiVo.com Website Terms and Conditions. Activities related to shopping, ordering and purchasing a TiVo device, or using the online.tivo.com website are covered by the User Agreement. General, passive browsing is covered by the Website Terms and Conditions.
TiVo User Agreement
This user agreement governs your purchase and use of products and services offered by TiVo Inc. (including TiVo DVRs (also sometimes referred to as TiVo unified entertainment systems), mobile apps, and websites). BY CLICKING ON "I AGREE" OR SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT, INCLUDING THE PARTS ABOUT ARBITRATING ANY DISPUTES, WAIVING ANY RIGHT TO A JURY TRIAL, AND GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
A few things to note:
- When we refer to "TiVo products" in this policy, we mean any device, software, or website offered by TiVo (including TiVo DVRs, the TiVo Mini, the TiVo Stream, TiVo mobile apps, and tivo.com).
- When we say "you" in this policy, we mean both you and any other individuals you let use your TiVo device, software, or account.
- When we say “we”, “us” or “our” in this policy, we mean TiVo, and/or one or more of its corporate affiliates. TiVo Corporation is incorporated in the State of Delaware and its principle office is 2 Circle Star Way, San Carlos CA 94070 USA.
To create an account with us, you must be (1) a resident of the United States, (2) the age of majority in your state, and (3) creating an account for yourself (and not for a business or entity). You are responsible for all charges on your account, so we suggest picking a strong password and not sharing it with others.
Use of TiVo Products
TiVo products are intended for your personal, non-public, and non-commercial use, and are not primarily intended to record music.
TiVo grants you a personal, non-commercial, and non-exclusive license to (1) access and use our websites, (2) install and use our mobile apps on mobile devices that you own or control, (3) use software that is embedded in (or downloaded to) TiVo hardware products, and (4) access and use our hosted services (what we call the TiVo service) using authorized TiVo products.
Features and functionality are subject to change. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TiVo products without prior notice to you.
Some notes about your use of TiVo products:
- Some TiVo products require a subscription to the TiVo service, see TiVo Service Subscriptions below for details.
- We do not endorse any included third-party apps or advertised third-party products or services.
- You are responsible for any charges related to your use of a TiVo product (such as charges for broadband Internet, wireless data, or pay-per-view content) – so be careful if you give others the remote.
You may have a maximum number of 10 TiVo devices (excluding only the TiVo Stream) on the same account.
Some TiVo products may let you stream or download your recorded content to your mobile devices. The following restrictions apply to streaming/downloading your recorded content:
- You may sync a maximum number of 12 mobile devices.
- You may only sync mobile devices that you own or control (so no syncing your neighbor's iPad).
- Due to the copy protection assigned by the content provider, not all recorded content can be downloaded, and some recorded content can only be streamed and/or downloaded while your mobile device is on the same local network as your TiVo Stream, TiVo Roamio Plus/Pro DVR, or TiVo BOLT unified entertainment system.
When using our products and services, you may not do any of the following (except to the extent permitted by applicable law): (1) modify, reverse engineer, decompile, or otherwise attempt to derive the source code, structure, design, or method of operation of software that we provide to you, (2) modify, disassemble, or otherwise tamper with any TiVo hardware, (3) disguise the place of your residence or the location of your use, or (4) attempt to circumvent technological measures or gain unauthorized access through hacking, password mining or any other means.
TiVo Service Subscriptions
Certain TiVo products require a TiVo service subscription, and we currently offer three service plan options: monthly, annual, and an All-In Plan. (In prior versions of this user agreement, the All-In Plan was referred to as Product Lifetime service.) Unless TiVo presents an offer whereby TiVo service explicitly is (1) included as part of the purchase price of the TiVo product (for example, as of the September 30, 2015 posting date of this user agreement, TiVo service is included as part of the purchase price of the TiVo Mini) or (2) shared between or among more than one TiVo product, a separate TiVo service subscription is required for each TiVo product. Visit tivo.com for current rates and offers.
Some notes about TiVo service subscriptions:
- Until you cancel a monthly or annual (or other periodic) TiVo service subscription by calling customer service at 1-877-367-8486, your subscription automatically will renew (on a month-to-month basis for a monthly TiVo service subscription, or on a year-to-year basis for an annual TiVo service subscription) at the end of each subscription term, and unless we notify you otherwise, at the same service fee (even if you are not using the TiVo device or it has been lost, sold, or otherwise transferred).
- Monthly, annual or other periodic TiVo service subscriptions may not be transferred to another TiVo device or subscriber.
- With an All-In Plan subscription, (a) you pay just once (rather than monthly, annually, or in some other frequency) for your TiVo service subscription, (b) your subscription lasts for the lifetime of your TiVo device (not your lifetime), and (c) you cannot transfer your subscription to another TiVo device (except in cases of warranty repair or replacement under applicable warranty terms).
- An All-In Plan subscription accompanies the TiVo device in case of ownership transfer.
- With an All-In Plan, you receive those TiVo service features that we make generally available to all customers who have activated a TiVo service subscription for that same TiVo product. You may incur separate charges for certain third-party content, services or applications; these items are not considered part of the TiVo service. In addition, TiVo reserves the right to subsequently release, and to charge separate amounts for, new features or functionality which are not made generally available to all customers who have activated TiVo service on a particular TiVo product.
- Although we strive to make the TiVo service available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).
Early Termination Fees
We sometimes offer discounted rates for TiVo products and/or TiVo service subscriptions when you agree to subscribe to the TiVo service for a minimum commitment term (such as 1 year). If you cancel your subscription to the TiVo service before the end of your minimum commitment term, you agree to pay us the applicable early termination fee (unless you cancel during our 30-day money-back guarantee period).
Through September 29, 2015, we offered discounted TiVo service fees when you had more than one TiVo DVR on the same customer account. For information on (1) the restrictions and eligibility requirements that have applied to this multi-service discount and (2) your ability to retain this multi-service discount, please visit Multi-Service Discount.
We sell and ship only to individuals within the continental U.S., Alaska, and Hawaii. We will send you an email confirmation when you place your order, and we may pre-authorize the amount of your order on your credit card (and note that this email confirmation will not signify our acceptance of your order, and will not constitute confirmation of our offer to sell). We will also send you an email confirmation when your order ships (which is when we will charge your credit card).
We reserve the right (without liability) to (1) accept or decline your order for any reason (including if we suspect you are ordering products for resale), (2) supply less than the quantity you ordered of any item, (3) change prices for products displayed on tivo.com at any time, (4) correct inadvertent pricing or product/service information errors, and (5) charge your credit card on file a 15% restocking fee for orders that are refused at the shipping address designated for your account at the time of purchase.
30-day Money-Back Guarantee
We love our products, and we hope that you will too, so we offer a 30-day money-back guarantee on all purchases from tivo.com and on all newly-activated TiVo service subscriptions. Return any item you purchase from tivo.com within 30 days of the order shipment date, or cancel any newly-activated TiVo service subscription within 30 days of the activation date, and we will give you a full refund (with no early termination fee). To start the return or cancellation process, call customer service at 1-877-367-8486.
Some notes about our 30-day money-back guarantee:
- Shipping and handling charges are non-refundable.
- You will be responsible for all return shipping costs.
- Only initial activations of the TiVo service are eligible for this offer (so renewals, payment plan changes, and hardware replacements are not eligible).
- We will charge your credit card on file a 15% restocking fee for returns missing any documentation, accessories or packaging.
- We will refuse returns of damaged merchandise or items that show wear and tear.
- We will charge your credit card on file the MSRP (plus tax) for returned items we do not receive within 15 days of the date your return is processed (less the amount you already paid).
After 30 days, we do not accept any returns for refunds. Only items that have been purchased from tivo.com can be returned to us. TiVo products purchased through third-party retailers must be returned to the third-party in accordance with their respective returns and refunds policy.
TiVo hardware products (including TiVo DVRs, the TiVo Mini, and the TiVo Stream) are covered by a limited warranty. Details are available at tivo.com/legal/warranties. Extended coverage warranty plans may also be available for purchase. We do not offer warranties on third-party products sold on tivo.com, but look in the documentation or on the packaging for information on any warranty they may offer, and contact the manufacturer directly if you have any questions or concerns.
When you provide credit card information to us, you represent that you are the authorized user of the card, and agree to notify us of any changes to the relevant account number, expiration date, and billing address, or if the card expires or is canceled. You agree that we may receive updated credit card information (such as a new expiration date) from your credit card issuer.
We will charge your credit card when your order ships, on each billing date for your TiVo service subscription, and (if applicable) when we process a return or cancellation for restocking or early termination fees. You are responsible for reviewing your credit card statement for billing accuracy.
Unless you have an All-In Plan subscription: (1) your TiVo service subscription will automatically renew at the end of each subscription term, and unless we notify you otherwise, at the same monthly, annual or other periodic service fee (as applicable); and (2) you authorize us to automatically charge the subscription fee to your credit card each billing date until you cancel your subscription by calling customer service at 1-877-367-8486. Regardless of the type or length of your TiVo service subscription, subscription fees paid prior to cancellation are nonrefundable in any amount (subject only to our 30-day Money Back Guarantee).
Some notes about payments:
- By subscribing to the TiVo service, you authorize us to charge the applicable subscription fees (and any other applicable fees, such as an early termination fee) to your credit card on file.
- If your credit card reaches its expiration date and you have not updated your payment information with us or cancelled your account, you authorize us to continue billing your credit card and you will remain responsible for any uncollected amounts.
- Each charge on the applicable billing date applies to the subscription period immediately following the billing date (so a charge for a monthly subscription in January is for the TiVo service in the month of February).
- Sales and use tax will be charged on your order based upon the jurisdiction to which the product will be shipped. In some states, the tax will be based on the no-commitment MSRP for the product (and not the discounted price you paid).
- All prices on tivo.com are listed in U.S. Dollars.
We reserve the right to increase your monthly, annual, or other periodic subscription fee (for TiVo service) after any applicable minimum commitment period has been fulfilled, but we will notify you at least 30 days in advance of any change in this subscription fee. If you do not accept the new fees, you should terminate your subscription before the new fees go into effect.
We reserve the right to suspend or terminate your subscription to the TiVo service without notice if your credit card is rejected or if your card issuer seeks the return of payments previously made to us. You agree to pay (i) any outstanding balance in full within 30 days of cancellation of your subscription, and (ii) a late charge on all amounts more than 30 days past due. The late charge will be 1.5% of the past due amount or the highest rate allowed by law (whichever is less) per month. Such rights are in addition to and not in lieu of any other legal right or remedies available to TiVo.
We also reserve the right to refer your account to a third-party for collection to pursue unpaid amounts, and you will remain liable to us for all unpaid charges and all the costs we incur to collect those charges (such as collection agency fees).
Software that we provide to you may include open source code. Acknowledgments, licensing terms and disclaimers are contained in a "System Information," "Legal," or similar screen found in the menu of your TiVo product, and may also be available at tivo.com/legal/opensource. To the extent required, the terms of the applicable open source license (rather than the terms of this agreement) will apply to such code. Nothing in this agreement limits your rights under, or grants you rights that supersede, the terms of any applicable open source license.
Visit tivo.com/patents for a non-exhaustive list of patents that apply to our products and services. Software that we provide to you is licensed, not sold. This agreement does not provide you with any right or license (whether expressly, by implication, by estoppel, or otherwise) under the intellectual property rights of TiVo (or our licensors) other than to the extent expressly authorized above. We reserve all rights not expressly granted to you.
If you are a copyright owner (or are authorized to act on behalf of the owner of an exclusive right under copyright) and believe that your copyright is being infringed, we will respond to notices of alleged copyright infringement in accordance with Section 512(c)(3) of the Digital Millennium Copyright Act.
A notice of alleged copyright infringement must be a written communication provided to TiVo's designated agent that includes the following: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, (2) identification of the copyrighted work claimed to have been infringed, (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) your contact information (including your name, address, telephone number, and email address), (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. It is our policy to terminate a user's account if, under appropriate circumstances, the user is determined to be a repeat infringer. Our designated copyright agent for notices of alleged copyright infringement is: TiVo Inc., 2160 Gold Street, San Jose, CA 95002, attn: Copyright Agent, email: firstname.lastname@example.org.
If you submit any ideas or materials to us (whether in an email, using a "Contact Us" form, on a user forum, or via any other method), you agree that: (1) they will be non-confidential, (2) TiVo may have something similar already in development or under consideration, (3) TiVo will own them and be free to use them on an unrestricted basis, and (3) if TiVo does not own them, you grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully paid-up, royalty-free, and worldwide license to implement, use, modify or otherwise commercially exploit them in any way without any payment or accounting to you.
DISCLAIMER OF WARRANTIES
Except for any TiVo products for which we provide a written warranty (which you can find at tivo.com/legal, we are providing you with TiVo's products and services "AS IS" and "AS AVAILABLE" without warranties of any kind, and your use of TiVo's products and services is at your own risk.
To the greatest extent permitted by law, TiVo and its licensors expressly disclaim any and all warranties, whether express or implied, including any warranties regarding accuracy, operability, availability, use, non-infringement, title, merchantability, fitness for a particular purpose, or usage of trade.
LIMITATION OF LIABILITY
To the greatest extent permitted by law, TiVo and its licensors, affiliates, and service providers will not be liable to you under any theory of liability for: (1) any indirect, incidental, consequential, special, punitive or exemplary damages (even if TiVo has been advised of the possibility of such damages and/or such damages are foreseeable) arising out of or in any way connected with your use of (or inability to use) any TiVo product or service, or (2) any direct damages in excess of what you have paid TiVo for the TiVo product or service at issue or US $150 (whichever is greater). This is intended to apply (and you agree that it will) even under circumstances that cause any exclusive remedy under this agreement to fail of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you have an issue with a TiVo product or service, please call customer service at 1-877-367-8486. If you are not satisfied with the result and wish to seek further action, this dispute resolution provision provides for all disputes between us to be resolved in binding arbitration or small claims court.
We have designed this dispute resolution provision to make the process as convenient and inexpensive for our customers (and us) as possible. The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration, you still are entitled to a fair hearing, but a neutral arbitrator (and not a judge or jury) will determine your rights. Arbitrator decisions are final, as enforceable as any court order, and subject only to very limited review by a court. If you would prefer not to arbitrate, you still can choose to bring a dispute in small claims court.
Mandatory arbitration: We each agree to resolve any dispute arising out of or related in any way to this agreement (or TiVo products or services) exclusively by individual binding arbitration (with "dispute" to be given the broadest possible meaning), and we each agree to give up the right to have a dispute decided by a jury. We each retain the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent (1) the actual or threatened infringement or other misuse of intellectual property rights and (2) any unauthorized use, piracy or theft.
Class action waiver: We each agree that any dispute resolution proceedings will be conducted only on an individual basis (and not in a class, consolidated, or representative action). Unless we each agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Informal dispute resolution: We each must try in good faith for 15 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other an email with:
(1) a "Notice of Dispute" in the subject line of the email; and (2) a reasonably detailed description of the nature and basis of the dispute, as well as the relief sought, in the body of the email. Only emails that comply with the foregoing will trigger the start of the 15-day informal dispute resolution process. Send your notice to email@example.com, and we will send ours to the email address associated with your account. A TiVo representative will contact you to try to informally resolve the dispute. If we do not reach an agreement to resolve the dispute within 15 days after the date the notice was sent, then either of us may start arbitration in the manner described below.
Arbitration process: The American Arbitration Association (AAA) will administer the arbitration, using the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Those rules and information about how to start arbitration are available at adr.org or by calling 1-800-778-7879. The AAA provides a form Demand for Arbitration and a separate form for California residents. Unless we each agree otherwise, the arbitration will be conducted in the county where you reside. If the relief sought is $10,000 or less, the hearing will be conducted by telephone or videoconference or by a submission of documents (unless the arbitrator requires a face-to-face hearing).
Arbitrator's decision: The arbitrator must provide us with a brief written explanation of the basis for the award. In making the award, the arbitrator must apply any identified, pertinent contract terms, statutes and legal precedents (including the "Limitation of Liability" section above). The arbitrator's award will be final and binding, but subject to review in accordance with applicable statutes governing arbitration awards. Judgment on the arbitrator's award may be entered in any court with jurisdiction.
Arbitration fees: If you initiate an arbitration seeking more than $75,000 in damages, the payment of fees will be governed by the AAA's rules. Otherwise, we will pay all AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand for arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse us for amounts we paid on your behalf under the AAA's rules.
Prevailing party: If you prevail in arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer, we will pay you either the amount of the award or $200, whichever is greater. If we prevail in arbitration, we will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys' fees and costs.
Opt-out: You may opt-out of this dispute resolution provision (other than the "Judicial forum" and "Time limit for disputes" paragraphs below) by notifying TiVo within 30 days of the date on which you purchase your initial TiVo product. You must do so by writing to TiVo Inc., 2160 Gold Street, San Jose, CA 95002, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with TiVo through arbitration.
Judicial forum: If (1) you opt-out of this dispute resolution provision or (2) an arbitrator or court finds the class action waiver in this section to be invalid or unenforceable, then: (a) the above-set forth arbitration-related paragraphs shall be deemed not to apply to you; (b) you agree to resolve any dispute you have with TiVo exclusively in a state or federal court located in Santa Clara County, California; and (c) you agree to submit to the exclusive personal and subject matter jurisdiction and exclusive venue of such courts for the purpose of litigating such dispute. We each waive any right to a jury trial in any such dispute.
Time limit for disputes: We each agree (regardless of any statute or law to the contrary) that any dispute must be filed within 1 year after such dispute arose or else will be forever barred.
This agreement is to be governed in all respects by, and construed in accordance with, the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to any conflict of law provisions. This agreement and the rights and obligations of the parties hereunder will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Term and Termination
This agreement applies from the date when you accept it and continues until terminated by either of us. We may suspend your account and/or terminate this agreement (1) immediately for your breach of this agreement, or (2) upon 10 business days' prior written notice to you, for any other reason. All sections of this agreement that by their nature should continue (such as the "Dispute Resolution" section) will survive termination.
You may cancel your account or a subscription to the TiVo service by calling customer service at 1-877-367-8486. Cancellation will not entitle you to any refund (including of any subscription fees), and may be subject to an early termination fee in some cases (see the "Early Termination Fee" section for more details). TiVo reserves the right to collect fees, surcharges and costs incurred prior to the cancellation of any account or subscription.
Changes to this Agreement
We need the flexibility to update this agreement from time to time as our business changes. If we make substantive changes, we will notify you at least 15 days in advance (to give you time to review the changes and cancel your account if you do not want to be bound by the revised version, although we certainly hope you do not cancel your account). By continuing to use TiVo products after those changes become effective, you agree to be bound by the revised version of this agreement. If we make changes to the dispute resolution provision, then: (1) such changes will not apply to disputes arising before the changes become effective; and (2) if such changes to the dispute resolution provision are substantive, you will have 30 days (from our notification to you) to opt-out of the modified dispute resolution provision (other than the "Judicial forum" and "Time limit for disputes" paragraphs above) by adhering to each of the requirements of the "Opt-out" paragraph above.
General Legal Terms
Additional Terms: Additional or different terms may apply to certain TiVo products, and if so, we will ask you to agree to those terms separately.
Assignment: You may not assign or transfer this agreement (or any of your rights or obligations under this agreement) without TiVo's prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. TiVo may freely assign or transfer this agreement. This agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications: You consent to receive communications from TiVo by email, and acknowledge that all notices and other communications that TiVo provides to you electronically will satisfy any legal requirement that such communications be in writing.
Export: TiVo products are subject to U.S. export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Government End-Users: Any TiVo software and related documentation are "Commercial Items," as that term is deﬁned at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users (1) only as Commercial Items, and (2) with only those rights as are granted to all other end users pursuant to this agreement.
Notices: All notices from you to TiVo must be sent via certified mail to TiVo Inc., 2160 Gold Street, San Jose, CA 95002, attn.: Legal Department, and will be deemed given on receipt by TiVo. All notices from TiVo to you must be sent via email to the address associated with your account, and will be deemed given when emailed.
Third-Party Beneficiaries: This agreement does not confer any third-party beneficiary rights (except with respect to Apple, as described below).
Waiver: No waiver of any term or breach of this agreement will constitute a waiver of any other term or breach.
Severability: If any provision of this agreement is found to be unenforceable, such unenforceability will not render this agreement unenforceable as a whole and, in such event, such provision is to be changed and interpreted so as to best accomplish the objectives of such unenforceable position within the limits of applicable law.
Additional Apple Terms
Website Terms and Conditions
TIVO AND ITS AFFILIATES ("TIVO") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN TIVO AND YOU, AND YOU ACCEPT THEM BY (A) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (B) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
This website includes without limitation: (a) services available through online.tivo.com (collectively the "Services," with are governed by the TiVo User Agreement); (b) information such as technical, contractual, product, program, pricing, marketing, and other information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). TiVo controls and operates its websites from various locations and makes no representation that this website is appropriate or available for use in all locations. TiVo products and services may not be available in your location, and deliverables may vary among locations. If you are using any portion of the website on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer's behalf, and that your employer agrees to indemnify you and TiVo for violations of these terms. In addition to the terms and unless otherwise noted, the standard TiVo User Agreement govern purchases you make through the website. In the case of products and services provided through business.tivo.com, the applicable separate valid written purchase or license agreement with TiVo for that product or service, shall govern, and in cases of conflict, prevail.
Your Obligations And Conduct
In consideration of your use of the website, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the website; (b) maintain the security of your password and identification; (c) maintain and promptly update your information, and any information you provide to TiVo, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to your information. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website.
You are entirely responsible for all content that you upload, post or otherwise transmit via the website. You agree not to upload, post or otherwise transmit via the website content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to TiVo or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. TiVo reserves the right to edit or remove content that violates these terms or that contains third-party commercial advertisements.
You agree that you will not use the website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be TiVo or someone else, or spoof TiVo's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Confidentiality Of TiVo Information
You may obtain direct access via certain portions of the website to certain confidential information of TiVo and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with TiVo and its partners.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the terms or TiVo's written request, you must cease use of Confidential Information and return or destroy it.
The terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from TiVo, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third-party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these terms and as disclosed after prior notice to TiVo adequate to afford TiVo the opportunity to object to the disclosure.
Content Submitted To TiVo
TiVo does not claim ownership of the content you place on the website and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, or in TiVo's Legal and Privacy Notices, any content you provide in connection with this website shall be deemed to be provided on a nonconfidential basis. TiVo shall be free to use or disseminate such content on an unrestricted basis for any purpose, and you grant TiVo and all other users of the website an irrevocable, worldwide, royaltyfree, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among TiVo, its affiliates, and third-party providers of any information that you may provide on the Website.
TiVo and its designees reserve the right to monitor, restrict access to, edit or remove any content that is available via the website.
You agree to indemnify and hold TiVo and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your content, Your use of or connection to the website (including any use by you on behalf of your employer), your violation of the terms, or your violation of any rights of another.
Notices; Modification And Termination Of Services; Amendment Of Terms
TiVo may provide notice to you via email or posting notices or links to notices on the website. TiVo may amend these terms at any time by posting the amended terms on this website.
Advertisements And Promotions
TiVo may run advertisements and promotions from third parties on the website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TiVo found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TiVo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TiVo advertisers on the website.
Content Provided Via Links
You may find links to other Internet sites or resources on the website. You acknowledge and agree that TiVo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TiVo will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual Property Rights
Except as expressly authorized by TiVo or by content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software TiVo discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
"TiVo Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations TiVo uses in connection with its products and services. You agree to comply with the TiVo Trademark and Logo Usage Requirements. You may not remove or alter any TiVo Trademarks, or cobrand your own products or material with TiVo Trademarks, without TiVo's prior written consent. You acknowledge TiVo's rights in TiVo Trademarks and agree that any use of TiVo Trademarks by You shall inure to TiVo's sole benefit. You agree not to incorporate any TiVo Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
TiVo is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our website, please contact our legal department via email at: firstname.lastname@example.org.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by TiVo on this website provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., "Used with permission") is added to such content; (b) the use of such content is solely for personal and non commercial use; (c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in this section.
Upon termination, you must immediately destroy any downloaded and/or printed content.
Disclaimer Of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TIVO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TIVO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
TIVO MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation Of Liability
TO THE FULL EXTENT PERMITTED BY LAW, TIVO IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF TIVO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
General Legal Terms
The terms constitute the entire agreement between you and TiVo relating to their subject matter, and cancel and supersede any prior versions of the terms. No modification to the terms will be binding, unless in writing and signed by an authorized TiVo representative. You must not assign or otherwise transfer the terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use TiVo or third-party products or services.
You agree that any material breach of the terms will result in irreparable harm to TiVo for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, TiVo will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if TiVo seeks such an injunction.
California law and controlling U.S. federal law govern any action related to the terms and/or your use of the website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the terms. You and TiVo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.
Services, content, and product derived or obtained from this website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use services, content, or direct product from this website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
Rights and obligations under the terms which by their nature should survive will remain in full effect after termination or expiration of the terms.
The website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning TiVo's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and TiVo's ability to compete in a rapidly changing marketplace. For a detailed listing of the potential factors affecting TiVo's business and these forward-looking statements, please refer to TiVo's periodic reports on Forms 10Q and 10K that are filed with the Securities and Exchange Commission (available at http://www.sec.gov/).
Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of nonenforcement. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.