3. Acceptable Use Policy You agree not to use the Services to take any action(s) that: 1.are contrary to MYTV ‘s public image, goodwill, or reputation; 2.infringe on MYTV or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 3.express or imply that any of your statements, activities or causes are endorsed by MYTV, without our prior written consent in each instance; 4.violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability; 5.are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; 6.transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; 7.restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services; 8.modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services; 9.remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content; 10.sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever; 11.distribute any virus, worm or other similar or deleterious files, scripts or programming routines; 12.interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of MYTV or its licensors or suppliers; 13.involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way applicable laws regarding the distribution of pornographic content or representation of violence; 14.forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; 15.execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or 16.harvest or collect information about users or members of the Services without their express consent. Improper use of the Services and/or Content may result in immediate termination of your access to and use of the Services, and/or civil or criminal liabilities. 4. Intellectual property a.The Site and Services contain information about and related to MYTV including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although MYTV makes the Site accessible, MYTV does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or MYTV App(s). b.MYTV and the MYTV logo (“MYTV Marks”) are trademarks of MYTV or its affiliates. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third party trademarks, service marks, graphics, logos and/or domain names. Our trademarks may not be used to identify products or services that are not MYTV’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that MYTV sponsors or endorses your products or services. c.MYTV does not own the copyrights or any other intellectual property rights in any broadcast television programming, including third party advertisements, that you choose to view using the MYTV Product. MYTV provides only the equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of and/or disseminating any over-the air broadcast content that you chose to access using the MYTV Equipment. d.MYTV has and retains exclusive ownership of all right, title, and interest in and to the MYTV Product, Site and Services, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, MYTV retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site and Services. You acknowledge that your use of the Services may require software that is licensed, sold and/or provided to you by third parties and is included on your supported devices (“Third Party Software”). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software. e.You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Services or MYTV Product or in any way derive from the Services or MYTV Product any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the MYTV Product or any content that you access utilizing the Services. f.The Services may include third party advertisements. All third party advertisements and references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that MYTV is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners. g.MYTV makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site. MYTV has no control over the contents of the Web sites of third parties. A link out to a non-MYTV Web site does not mean that MYTV endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site. By using the Services, you expressly relieve MYTV of any and all liability arising from your use of any third party website. h.MYTV makes no warranties or representations regarding the over-the-air broadcast content or MYTV Programing available through the Site, MYTV App(s), MYTV Equipment and/or MYTV Platform. Without limitation on the foregoing, MYTV does not represent or specify that any content available through your Membership is appropriate for all ages. MYTV does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.
5. Copyright complaints a.MYTV respects the intellectual property of others, and we ask our users to do the same. MYTV will promptly process and investigate notices of alleged infringement on the Site and/or MYTV App(s) and will take actions as appropriate under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information: ·an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; ·a description of the copyrighted work or other intellectual property that you claim has been infringed; ·a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it; ·your address, telephone number, and email address; ·a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; ·a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. b.The maintenance of these notice procedures is not an indication that MYTV will take any specific action in response to any specific notice provided by any specific third party. MYTV hereby reserves its right to take or refrain from taking any action it deems appropriate in its sole discretion in response to any notice it receives hereunder. c.Repeat Infringer Policy: MYTV has adopted a policy of terminating, in appropriate circumstances and at MYTV’s sole discretion, Members and/or users who are deemed to be repeat infringers. MYTV may also at its sole discretion limit access to the Services and/or terminate the Memberships or use of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. No Warranty THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYTV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYTV MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYTV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. 7. Indemnification You agree to fully indemnify, defend, and hold MYTV, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services. 8. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYTV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MYTV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MYTV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF MYTV TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYTV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Term, Termination and violation of the Terms