Welcome to Cloud TV: Record & Play
THIS LEGAL AGREEMENT BETWEEN YOU AND VIAWAY GOVERNS YOUR USE OF THE Cloud TV: Record & PLAY PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”).
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Viaway is the provider of the Service, which permits you to utilize certain internet services, including storing your personal content (such as Cloud TV: Record & Play video and music)
and making it accessible on devices and computers where Viaway Clound service is running, only under the terms and conditions set forth in this Agreement.
You need to upload your video and music to enable Cloud TV: Record & Play.
REQUIREMENTS FOR USE OF THE SERVICE
The Service is available to individuals aged 13 years or older. If you are 13 or older but under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Parents or guardians should also remind any minors that conversing with strangers on the internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions,
including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
Use of the Service requires compatible devices, Internet access, and Viaway software which might not be available on your device;
may require periodic updates; and may be affected by the performance of these factors.
Viaway reserves the right to limit the number of Accounts that may be associated with a device. High-speed Internet access is strongly recommended for use.
The latest version of required software is recommended to access the Service and may be required for certain transactions or features.
You agree that meeting these requirements, which may change from time to time, is your responsibility.
Changing the Service
Viaway reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently.
Viaway may post on our website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service.
It is your responsibility to check your Cloud TV: Record & Play and/or primary email address registered with Viaway for any such notices.
You agree that Viaway shall not be liable to you or any third party for any modification or cessation of the Service.
If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
Limitations on Use
You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
Your Account is allocated storage capacity and playback time as described in the Cloud TV: Record & Play service your purchased.
Additional storage and playback time is available for purchase, as described below.
Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity is prohibited and may prevent you from uploading to Cloud TV: Record & Play.
To view your current storage and playback time, go to your account select Cloud TV: Record & Play on your computer.
If your use of the Service or other behavior intentionally or unintentionally threatens Viaway’s ability to provide the Service or other systems,
Viaway shall be entitled to take all reasonable steps to protect the Service and Viaway’s systems, which may include suspension of your access to the Service.
Repeated violations of the limitations may result in termination of your Account.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and Viaway makes no representation that the Service, or any feature or part thereof,
is appropriate or available for use in any particular location.
To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including,
but not limited to, any applicable local laws.
From time to time, Viaway may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”)
for the purpose of providing Viaway with feedback on the quality and usability of the Beta Features.
You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Viaway,
and that Viaway is not obligated to provide you with any Beta Features.
Viaway may make such Beta Features available to Program participants by online registration or enrollment via the Service.
You understand and agree that Viaway may collect and use certain information from your Account,
devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate.
You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature.
In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version.
Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features.
The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from
your device and from peripherals (including, without limitation, servers and computers) connected thereto.
Viaway strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program.
You expressly acknowledge and agree that all use of the Beta Features is at your sole risk.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES,
COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Viaway may or may not provide you with technical and/or other support for the Beta Features.
If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program.
You agree to abide by any support rules or policies that Viaway provides to you in order to receive any such support.
Viaway reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice,
and may revoke your participation in the Program at any time. You acknowledge that Viaway has no obligation to provide a commercial version of the Beta Features,
and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features.
As part of the Program, Viaway will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features.
You agree that in the absence of a separate written agreement to the contrary, Viaway will be free to use any feedback you provide for any purpose.
Subscription Storage and Playback Time Upgrades
Additional storage and playback time is available for purchase on a subscription basis.
The Service accepts credit cards, certain payment accounts for payment. Viaway may obtain preapproval for an amount up to the amount of the transaction.
Service fees are billed monthly, in advance of provision of the service.
Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the subscription service you purchase through the Service,
and that Viaway may charge your credit card or payment account for any service purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued
by or in connection with your Account, and that Viaway may continue to charge your credit card or payment account for all fees or charges associated with your subscription on a monthly basis until you change or cancel the subscription.
This means that unless you change or cancel your subscription prior to the next monthly billing date, we will charge your credit card or payment account the then-current fees on that next monthly billing date.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VIAWAY WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.
All fees will be billed to the credit card or payment account you designate during the registration process.
If Viaway is unable to successfully charge your credit card or payment account for fees due, Viaway reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account.
If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of Cloud TV: Record & Play;
this may temporarily disrupt your access to the Services while Viaway verifies your new payment information.
Your total price will include the price of the service plus any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the service.
We will charge tax when required to do so under the tax rules applicable to the Service.
Account Information and Billing Inquiries
You may consult your Account management page on your device for details on your Account information including payment method and billing currency.
Viaway will send an electronic invoice to your Viaway email address whenever any Service fees are charged to your Account.
If you believe you have been billed in error for the Service please try and notify us within 45 days of the billing date by contacting Cloud TV: Record & Play Support at www.viaway.com.
Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein.
You can cancel your subscription by in your Viaway Account Information on your PC.
Your paid subscription will be cancelled on your next monthly billing date.
Changes in Price
Viaway may at any time, upon notice required by applicable law, change the price of the storage upgrades or any part thereof, or institute new charges or fees.
Price changes and institution of new charges implemented during your subscription billing monthly will apply to subsequent subscription billing months and to all new subscribers
after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the service.
Your Use of the Service
As a registered user of the Service, you may establish an Account.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account,
and you agree to immediately notify Viaway of any security breach of your Account.
You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual.
Provided we have exercised reasonable skill and due care, Viaway shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the Service, you must enter your Viaway username and password to authenticate your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”),
and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the
suspension and/or termination of your Account. You agree that Viaway may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Particular components or features of the Service provided by Viaway and/or its licensors, including but not limited to the ability to download previous purchases and Viaway Store (additional fees apply),
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Viaway username, email address, domain name, or similar resource used by you in connection with the Service.
No Right of Survivorship
You agree that your Account is non-transferable and that any rights to your Viaway username or Content within your Account terminate upon your death.
Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact support at www.viaway.com for further assistance.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You further consent and agree that Viaway may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder,
for purposes of providing the Service, and any features therein, to you. Information collected by Viaway when you use the Service may also include technical or diagnostic information related to your use that may be used by Viaway to support,
You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Viaway,
its affiliates, and/or their service providers.
Content and Your Conduct
"Content" means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated.
This means that you, and not Viaway, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.
You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable.
Viaway does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content.
You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Cloud TV: Record & Play user, an Viaway employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Viaway reserves the right to reject or block any Viaway
username or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing");
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or
k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that Viaway is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content.
However, Viaway reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement,
and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion,
if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Backup Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service.
Viaway shall use reasonable skill and due care in providing the Service, but Viaway does not guarantee or warrant that any Content you may store or access through the Service will not be
subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
Viaway reserves the right to take steps Viaway believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
You acknowledge and agree that Viaway may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities,
government officials, and/or a third party, as Viaway believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access,
use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues;
or (d) protect the rights, property or safety of Viaway, its users, a third party, or the public as required or permitted by law.
Copyright Notice - DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Viaway's Copyright Agent as described
in our Copyright Policy at http://www.viaway.com/Help/DMCA.aspx. Viaway may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
Violations of this Agreement
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to firstname.lastname@example.org.
Content Submitted or Made Available by You on the Service
License from You
Except for material we may license to you, Viaway does not claim ownership of the materials and/or Content you submit or make available on the Service.
However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content,
you grant Viaway a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available, without any compensation or obligation to you.
You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene,
objectionable, or in poor taste.
By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or
have all necessary rights, licenses, and authorization to distribute it.
Changes to Content
You understand that in order to provide the Service and make your Content available thereon, Viaway may transmit your Content across various public networks,
in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers.
You agree that the license herein permits Viaway to take any such actions.
Viaway, the Viaway logo, Cloud TV: Record & Play, the Cloud TV: Record & Play logo and other Viaway trademarks, service marks, graphics, and logos used in connection with the Service
are trademarks or registered trademarks of Viaway Inc. in the US and/or other countries.
Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.
You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices
(including trademark and copyright notices) that may be affixed to or contained within the Service.
Viaway’s Proprietary Rights
You acknowledge and agree that Viaway and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics,
user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”),
including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.
You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws,
including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement.
No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
License From Viaway
Viaway grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Viaway as a part of the Service and in accordance with this Agreement;
provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code
(unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not
exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES
ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries.
You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear,
chemical or biological weapons. You further agree not to upload to your Account any data or software that cannot be exported without prior written government authorization, including,
but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
As part of the Service, you may from time to time receive updates to the Software from Viaway which may be automatically downloaded and installed to your device or computer.
These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
You agree that Viaway may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
Termination by You
You may terminate your Account and/or stop using the Service at any time.
If you wish to stop using Cloud TV: Record & Play on your device, you may remove your Cloud TV: Record & Play account from the device by going to your account page on viaway.com and unregistering your device.
Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing month
during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by Viaway
Viaway may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service.
Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service;
(b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency;
(d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems;
(f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service.
Any such termination or suspension shall be made by Viaway in its sole discretion and Viaway will not be responsible to you or any third party for any damages that may result
or arise out of such termination or suspension of your Account and/or access to the Service.
In addition, Viaway may terminate your Account upon prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year;
or (b) there is a general discontinuance or material modification to the Service or any part thereof.
Any such termination or suspension shall be made by Viaway in its sole discretion and Viaway will not be responsible to you or any third party for any damages that may result
or arise out of such termination or suspension of your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts.
Effects of Termination
Upon termination of your Account you will lose all access to the Service and any portions thereof, including, but not limited to, your Account, Viaway username, email account, and Content.
In addition, after a period of time, Viaway will delete information and data stored in or as a part of your account(s).
Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content.
Because Viaway may have no control over such third party sites and/or materials, you acknowledge and agree that Viaway is not responsible for the availability of such sites or resources,
and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising,
products or materials on or available from such sites or resources. You further acknowledge and agree that Viaway shall not be responsible or liable in any way for any
damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising,
products or materials on or available from such sites or resources.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
VIAWAY SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
VIAWAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VIAWAY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIAWAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, VIAWAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
VIAWAY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VIAWAY DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
VIAWAY SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) VIAWAY'S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) VIAWAY'S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIAWAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF VIAWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Viaway, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Viaway as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Viaway, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Viaway’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Viaway from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
Viaway may provide you with notices regarding the Service, including changes to this Agreement, by email to your Cloud TV: Record & Play email address (and/or other alternate email address associated with your Account if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Viaway shall be governed by the laws of the State of California,
excluding its conflicts of law provisions. You and Viaway agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California,
to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.;
(c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall
be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of
the courts located in the state, province or country identified below whose law governs:
If you are a citizen of: Any European Union country or Switzerland, Norway or Iceland then governing law and forum:The laws and courts of your usual place of residence
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
This Agreement constitutes the entire agreement between you and Viaway, governs your use of the Service and completely replaces any prior agreements between you and Viaway in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Viaway to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
We reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. If you do not agree with them, you must stop using the Service and contact customer support to retrieve your Content. Your continued use of the Service will be deemed acceptance of such modifications and additional terms and conditions.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Last Updated: November 12, 2014