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PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

USER AGREEMENT

The following are terms of a legal agreement (the "Agreement") between you and Viaway, Inc. ("Viaway") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by Viaway. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Viaway.

Viaway reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Viaway may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

LIMITATIONS OF USE

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by Viaway or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Viaway. You acknowledge that the Content is and shall remain the property of Viaway. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Viaway's prior written approval. You also may not, without Viaway's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Viaway's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Viaway makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Viaway.

Members of the Viaway Site must be of 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.

CONTENT AND USE RESTRICTIONS

You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Viaway member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a "Google® search" or other online research).

You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Viaway member or other third party. In order to protect Viaway members from such advertising or solicitation, Viaway reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Viaway deems appropriate in our sole discretion. Directly contacting more than ten (10) Viaway members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.

DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

Viaway ("we" or "us") provides an online service offering a selection of media content like podcasts, radio shows, television shows, movies, clips, and other content (collectively, the "Content"). Our media service, the Content, our player for viewing the Content (the "Viaway Applications") and any other features, tools, applications, materials, or other services offered from time to time by Viaway in connection with its business, however accessed, are referred to collectively as the "Viaway Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

  • the Viaway.com website(the "Viaway Site");
  • Viaway's affiliate and distributor websites;
  • other websites where users or website operators are permitted to embed the Viaway Applications; and
  • Viaway authorized applications, features or devices.

Use of the Viaway Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany a Viaway application, feature or device.

Certain Viaway Services are provided to you free-of-charge. There are some other Viaway Paid Services that, if you are interested in accessing, will require payment by you. The Viaway Paid Services that may be accessed after payment are referred to currently as "Viaway Paid Services" There is certain information in these Terms that relate only to Viaway Paid Service and those specific provisions are set forth in Section below. Accordingly, if you choose to subscribe to Viaway Paid Services, then please familiarize yourself with Section below, in addition to all of the other provisions in these Terms (please note that references to "Viaway Services" throughout this Terms of Use are intended to include Viaway Paid Services and any other paid services). If you are not a subscriber of Viaway Paid Services, then Section Viaway Paid Services does not apply to you.

It is our pleasure to provide the Viaway Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the Viaway Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the Viaway Site or using any of the Viaway Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: legal@Viaway.com.

CHANGES TO THE TERMS OF USE BY Viaway

Viaway may amend these Terms of Use at any time by posting the amended Terms of Use on the Viaway Site at http://www.Viaway.com/terms. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the Viaway Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

ACCESS AND USE OF THE Viaway SERVICES

Age Limitations.

If you are under the age of 13, then you are not permitted to register with Viaway or use any feature or other part of the Viaway Services that requires registration. In order to subscribe to Viaway Services, you must be at least 18 years of age.

Please note for those under 18 years of age, if your parent or guardian subscribes to Viaway Services and authorizes you to access his or her Viaway Services account then you will not be able to access all of the Content offered as part of the Viaway Services if we have been informed during the registration process for the account that the primary user of such account will be under 18 years of age. Parents and guardians and users under the age of 18 must review these Terms with each other to make sure that each understands and agrees with them. You represent that you are at least 13 years of age if you are registering an account, and, if you are a Viaway Service user, that you are at least 18 years of age or you have received consent from your parent or guardian to access his or her Viaway Service account.

Your License.

Viaway is pleased to grant you a non-exclusive limited license to use the Viaway Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Viaway Applications, for personal, non-commercial purposes as set forth in these Terms.

The Content.

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Viaway in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Viaway in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Viaway. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Viaway in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Third-party Materials

Certain content, channels, programs, and services available via the Viaway Service may include materials from third parties. Viway may provide links to third-party websites as a convenience to you. You agree that Viaway is not responsible for examining or evaluating the content or accuracy and Viaway does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Viaway is not in any way responsible for any such use by you.

The Viaway Applications.

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Viaway Applications, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Viaway Applications. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Viaway Applications in any manner that enables users to view the Content without: (i) displaying visibly both the Viaway Applications and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Viaway Applications is located; and (ii) having full access to all functionality of the Viaway Applications, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Embedding a Media Using the Viaway Applications.

Where Viaway has incorporated an embed option in connection with Content on the Viaway Services, you may embed videos using the Viaway Applications, provided you do not embed the Viaway Applications on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Viaway (in Viaway's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Viaway Applications into any hardware or software application, even for non-commercial purposes. Viaway reserves the right to prevent embedding to any website or other location that Viaway finds inappropriate or objectionable (as determined by Viaway in its sole discretion).

Ownership.

You agree that Viaway owns and retains all rights to the Viaway Services. You further agree that the Content you access and view as part of the Viaway Services is owned or controlled by Viaway and Viaway's licensors. The Viaway Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities.

In order for us to keep the Viaway Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Viaway Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Viaway Services, Content, Viaway Applications and embedding restrictions detailed above, and further agree that you will not access the Viaway Site or use the Viaway Services in a way that:

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access, index, frame or link to the Viaway Services (including the Content) that is not authorized by Viaway (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Viaway Services);
  • involves accessing the Viaway Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Viaway Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Viaway Services, including Viaway's servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Viaway Services (including the Content);
  • uses the Viaway Services to advertise or promote services that are not expressly approved in advance in writing by Viaway;
  • collects personally identifiable information in violation of Viaway's Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by Viaway;
  • interferes with any other party's use and enjoyment of the Viaway Services; or
  • attempts to do any of the foregoing.

If Viaway determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Viaway Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Viaway Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications.

We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Viaway Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Viaway Services, you acknowledge that you will have caused substantial harm to Viaway and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Viaway $50 for each such unsolicited communication you send through the Viaway Services.

Downloads.

In order to participate in certain Viaway Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation.

We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Viaway Services (including the Content and the devices through which the Viaway Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Viaway may do so in Viaway's sole discretion. You also agree that Viaway will not be liable to you for any modification, suspension, or discontinuance of the Viaway Services, although if you are a Viaway Paid Service subscriber and Viaway suspends or discontinues the Viaway Paid Services, Viaway may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section below. However, if Viaway terminates your account or suspends or discontinues your access to Viaway Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges.

You are responsible for any costs you incur to access the internet.

Customer Service.

If we can be of help to you, please do not hesitate to contact our customer service department by clicking Contact Support. It would be our pleasure to serve you.

Viaway Paid Services Subscriptions and Billing

While it is our mission to provide users with as many options as possible, sometimes that involves giving users the choice of paying a fee in order to access content that Viaway would not otherwise be able to make available without charging a fee. As part of that, access to the Content in Viaway Paid Services requires payment by you of a subscription fee.

You can find the specific details regarding your subscription to Viaway Paid Services at any time by clicking on Your Account. You agree that your Viaway Paid Services account is for individual use only and your Viaway Paid Services account is limited to three active devices at a time.

Because the Viaway Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use begins at 12:00 a.m. Pacific Time and ends at 11:59 p.m. Pacific Time of that same calendar day.

Billing.

By signing up for your Viaway Paid Services subscription, you are expressly agreeing that we are authorized to charge you a term subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Viaway Paid Services to the credit card or other payment method accepted by Viaway ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each term renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on Your Account page.

We automatically bill your Payment Method each term on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each term may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Viaway changes the subscription fee or other charges for Viaway Paid Services from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in "Ongoing Subscription" below. Very rarely, if there are special circumstances where Viaway determines it is appropriate (e.g., the Viaway Paid Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Viaway's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Viaway Paid Services Gift Cards.

You may purchase gift cards redeemable for the Viaway Paid Services through the Viaway Site by using a Payment Method previously provided to us or a different Payment Method. Viaway Paid Services gift cards may not be used in conjunction with or in addition to any special offer unless the terms of the special offer expressly indicate otherwise. The purchase and redemption of Viaway Paid Services gift cards are subject to the Viaway Paid Services Gift Card Terms and Conditions.

Ongoing Subscription and Cancellation.

Your Viaway Paid Services subscription will continue in effect on a term-to-term basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each term in order to avoid the next terms's billing. We will bill the term subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription during the first term, you will not receive a refund for that first term but, unless you elect to cancel your subscription using the "Cancel Today" option, you will continue to have access to Viaway Paid Services for the remainder of that term. If you cancel your subscription after the first term, then your access to Viaway Paid Services will continue for the remainder of that term, and you will NOT receive a refund for the number of days remaining in the term during which you cancelled. You can cancel your account by going to Your Account Subscription, choosing "Cancel" option.

Unpaid Amounts.

In order to sustain the Viaway Paid Services, it is important that each user of the Viaway Paid Services honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with Viaway Paid Services. You will remain liable to Viaway for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Free Trials.

On occasion, we may be authorized to offer the use of Viaway Paid Services through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, click on Your Account.

Once your free trial period ends, we will begin billing your Payment Method for term subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from Viaway that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel Viaway Paid Services prior to midnight Pacific Time on the last day of your free trial period. You can cancel your account by going to Your Account, choosing to "Cancel" your subscription under "Subscriptions". We will continue to bill your Payment Method on a term basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at anytime. To the extent Viaway Paid Services subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Viaway will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

WORLD TV (TV AND VIDEO ON-DEMAND), Viaway PREMIUM PACKAGES AND CONTENT SUBSCRIPTION SERVICES

World TV (TV and Video On-Demand), Viaway Premium Packages and Content Subscribtion Services are an online subscription services providing its members with access to paid entertainment from around the world streaming over the Internet to computer and Viaway ready devices. These devices are manufactured and sold by entities other than Viaway. To see partners who offer Viaway ready devices you may use to access our service, click here.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability.

The availability of paid entertainment to instantly watch will change from time to time. The quality of the display of the streaming entertainment may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Viaway streams a little bit of data as a buffer each time you start to play. Frequently starting and stopping play will result in a minor increase to the amount of data Viaway streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Viaway makes no representations or warranties about the quality of your instant watching experience on your display.

For certain membership plans with limited hours of instant watching, any unused instant watching time will not roll-over to your next period or otherwise accumulate. If you reach your watch instantly limit while a selected entertainment is playing, you are able to complete that entertainment playback provided that you continuously watch it to completion. The number of paid entertainment you are able to watch instantly during each billing period depends on the length of each paid entertainment you select and whether you watch them to completion. Any repeated instant watching of paid entertainment, in whole or in part, will count towards your total watch instantly time.

Start Time

The time it takes to begin watching paid entertainment instantly will vary based on a number of factors, including your location, available bandwidth at the time, the paid entertainment you have selected and the configuration of your Viaway ready device. For example, high-speed action scenes or special effects at the opening of paid entertainment may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.

Personal Computer Requirements and Device Limitations

To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements: PC or MAC with active broadband connection to the Internet. To see partners who offer Viaway ready devices you may use to access our service, click here. YOU MAY INSTANTLY WATCH ON UP TO THREE UNIQUE AUTHORIZED Viaway READY DEVICES. YOU WILL BE ALLOWED TO INSTANTLY WATCH SIMULTANEOUSLY ON ONLY ONE SUCH DEVICE AT ANY GIVEN TIME. For certain membership plans, you may instantly watch simultaneously on more than one Viaway ready device within your household. The number of devices and concurrent streams may change without notice to you. For certain limited membership plans, your available Viaway ready device may be limited to personal computers.

Geographic Limitation

You may instantly watch paid entertainment through the Viaway service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. Viaway will use technologies to verify your geographic location.

Viaway streaming software

Viaway streaming software is developed by, or for, Viaway and is designed to enable instant streaming of content from Viaway through Viaway ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a Viaway ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc to be inserted into disc drives of certain devices. This software is licensed to you by Viaway pursuant to these Terms of Use and solely for the purpose of using the Viaway service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Viaway reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Viaway service through such software at any time, without prior or any notice.

RENTALS

Due to restrictions placed on us by our content suppliers, the content we make available to you on rental basis are subject to restrictions for viewing (for example, through online streaming or through download) and for the duration of time we make them available to you. The specific restrictions applicable to each of your content will depend on whether you purchase the content, rent the content, or access the content through a paid subscription service. These restrictions may change over time as we add new features, devices and content to our service.

When you rent a content, your viewing rights are contained within two periods:

  • You must complete watching rental content within a window (typically 30 days) from your payment of the rental fee. The length of this window can be found on the detail page or on a link from the detail page, such as the "Learn more about renting" link on website detail pages.
  • Once you begin watching the content, you must finish watching it within a limited viewing period identified on the detail page (typically 24 or 48 hours). This period begins when you start playback of the video.

END USER LICENSE AGREEMENT

BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE Viaway SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Viaway AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Viaway ready devices are manufactured and sold by entities other than Viaway. A Viaway ready device is any electronics equipment that is authorized to decode and capable of decoding paid entertainment that are transmitted over the Internet by Viaway. These devices may include mobile devices, stand alone set-top boxes, Internet connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Viaway service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all paid entertainment may not be watched, or may cease to be available for watching instantly, through our service on some Viaway ready devices.

ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account with Viaway. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Viaway representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by clicking HERE and completing the form as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by going to Your Account, and choosing the "Close my account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a Viaway Paid Services subscriber you must first cancel your Viaway Paid Services subscription before you will be able to terminate your account. Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your Viaway Paid Services subscription.

We reserve the right to immediately terminate or restrict your account or your use of the Viaway Services or access to Content at any time, without notice or liability, if Viaway determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Viaway Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Viaway servers being made or the volume of User Material (as defined below) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about Viaway's policies and practices regarding the collection and use of your personally identifiable information, please read Viaway's Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Viaway Site and use of the Viaway Services on any of the Properties are governed by the Viaway Privacy Policy in effect at the time of your use.

USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts.

As part of the Viaway Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Viaway Services enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Viaway Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Viaway the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Viaway will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Viaway does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to Viaway. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Viaway a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Viaway Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Viaway is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Viaway), fully-paid, royalty-free (meaning that Viaway is not required to pay you for the use of your User Material), and sublicensable (so that Viaway is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Viaway Services). By Posting your User Material, you also hereby grant each user of the Viaway Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Viaway Services and under these Terms of Use.

Third Party Posts.

Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Viaway does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Viaway. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Viaway assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Viaway with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Viaway Services is not available for a specific instance of inappropriate User Material, please email feedback@Viaway.com (subject line: "Inappropriate User Material").

LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations.

If we provide links or pointers to other websites or destinations, you should not infer or assume that Viaway operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Viaway Services, we will not warn you that you have left the Viaway Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Viaway Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Viaway is not responsible for the content or practices of any website or destination other than the Viaway Site, even if it links to the Viaway Site and even if the website or destination is operated by a company affiliated or otherwise connected with Viaway. By using the Viaway Services, you acknowledge and agree that Viaway is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Viaway Site.

Advertisements.

Viaway takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Viaway Services are between you and the advertiser, and you agree that Viaway is not liable for any loss or claim that you may have against an advertiser.

PATENT INFORMATION

Technologies and processes embodied in and used by this Site are covered by one or more Viaway U.S. patents and by other patents pending.

TRADEMARKS

Viaway (including the Viaway logo), Viaway.com, and all related logos (collectively the "Viaway Trademarks") are trademarks or service marks of Viaway. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Viaway or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Viaway trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Viaway prohibits use of any of the Viaway trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Viaway Trademarks, or whether any mark or logo is a Viaway Trademark, should be referred to Viaway.

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). Viaway cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Viaway of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Viaway and the third-party site may provide less security than this Site. Viaway is not responsible for the content of any third-party web sites, nor does Viaway make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Viaway shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

DISCLAIMER OF WARRANTIES

NONE OF Viaway, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "Viaway PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND Viaway DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. Viaway PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Viaway MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Viaway PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. Viaway RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Viaway PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Viaway PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Viaway IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT Viaway PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless Viaway Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Viaway Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Viaway Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Viaway. You further agree to indemnify and hold harmless Viaway Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE

Viaway has no obligation to monitor the Site; however, you acknowledge and agree that Viaway has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Viaway through this Site (collectively, "Submissions") will be deemed and remain the property of Viaway, and Viaway is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Viaway shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Viaway or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Viaway's responsibilities and obligations under its Privacy Policy.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Viaway's practices and policies with respect to the collection and use of personally identifiable information are governed by Viaway's Privacy Policy.

AVAILABILITY

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and Content no distribution or solicitation is made by Viaway to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.

TERMINATION

This Agreement is effective until terminated by Viaway. Viaway may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Viaway's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

WAIVER

Failure by Viaway to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify Viaway in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Viaway a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Viaway.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Viaway.

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and Viaway may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Viaway's designated agent. Notification should include:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

CONTACTING US

Contact Viaway for notification of claimed copyright infringement.

If you have questions regarding the Agreement or the practices of Viaway, please contact us.

Email Send an email
Phone +1 (858) 314-8130
Fax +1 (360) 272 5794
Write Viaway, Inc.
3570 Carmel Mountain Road
Suite 200
San Diego, CA 92130

Last Updated: December 16, 2016