Term of Service
Acceptance of Terms of Use
These Terms of Use govern your use of the tv3q service, including all features
and functionalities, instant streaming, our website and user interfaces, and all
content and software associated therewith (the "tv3q service" or "service"). By
using, visiting, or browsing the tv3q service, you accept and agree to be bound
by these Terms of Use. If you do not agree to these Terms of Use, do not use the
tv3q service, including our website and user interfaces.
These Terms of Use are an ongoing contract between you and tv3q, Inc. and apply
to your use of the tv3q service as made available in the U.S. They affect your
rights and you should read them carefully. Different terms, conditions and limitations
may apply to the tv3q service available in other jurisdictions.
Changes to Terms of Use
tv3q reserves the right, from time to time, with or without notice to you, to
change these Terms of Use in our sole and absolute discretion. The most current
version of these Terms of Use can be reviewed by visiting our website and clicking
on "Terms of Use" located at the bottom of the pages of the tv3q website. The
most current version of the Terms of Use will supersede all previous versions.
Privacy and Communications Preferences
Any personally identifying information submitted through the tv3q service is subject
to our Privacy Policy, the terms of which are
incorporated herein. Please review our Privacy Policy to understand our practices.
The date of any changes to our Privacy Policy will be noted at the bottom of the
policy. By agreeing to these Terms of Use, you are consenting to receive certain
communications from us. For example, tv3q may send you newsletters about new tv3q
features, special offers, promotional announcements and customer surveys via email
or other methods. If you no longer want to receive the newsletters, other promotional
announcements or non-transactional communications, simply use your account name
and password to access the "Email Subscriptions" page under "My Account" and uncheck
those items to unsubscribe or click on the unsubscribe link in our email communications.
Please review our Privacy Policy for further detail on our marketing communications.
You can also find the unsubscribe instructions there.
Membership and Billing
You can find the specific details regarding your membership with tv3q at anytime
by visiting our website and clicking on the "My Account" link.
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Free Trials
Your tv3q membership may start with a free trial. The free trial period of your
membership lasts for one day, or as otherwise specified during sign-up. To view
the specific details regarding your free trial, if any, visit our website and click
on the "My Account" link located at the top of the
page and click "Membership Terms and Details." Free trials may not be combined with
any other offers. If you or another member of your household has been a tv3q member
within the last 12 months, you are not eligible to receive a free trial. You must
have Internet access and a valid Payment Method to use our service.
We will begin billing your Payment Method for monthly membership fees corresponding
to your membership plan plus any applicable tax as you sign up as paid subscriber.
Your membership will continuous until you cancel the subscription. To view the specific
details of your membership, visit our website and click the
My Account
page. You will not receive a notice from us that your free trial
period has ended or that the paying portion of your membership has begun. IF YOU
CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR
PAYMENT METHOD.
We may offer a number of membership plans, including special promotional plans or
memberships with different limitations. Some of these promotional memberships are
offered by third parties in conjunction with the provision of their own products
and services. We are not responsible for the products and services provided by such
third parties. We reserve the right to modify, terminate or otherwise amend our
offered membership plans. Unless otherwise stated differently, month or monthly
refers to your billing cycle (See "Billing" below).
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Billing
By starting your tv3q subscription, you are expressly agreeing that we are authorized
to charge you a monthly fee or other periodically fee as you specified during subscription
check out, plus any applicable tax, and any other charges you may incur in connection
with your use of the tv3q service to the Payment Method you provided during subscription
(or to a different Payment Method if you change your account information). Additional
charges may include additional NetDisk spaces, Prepaid card purchases you make or
service level changes you request. Please note that prices and charges are subject
to change with notice. As used in these Terms of Use, "billing" shall indicate either
a charge or debit, as applicable, against your Payment Method. The membership fee
will be billed at the beginning of the paying portion of your membership and each
month thereafter unless and until you cancel your membership. Visit our website
and click on the "Membership Terms and Details" link on the "My Account" page to
see the commencement date for your next renewal period. We automatically bill your
Payment Method each month on the calendar day corresponding to the commencement
of your paying membership. Membership charges are fully earned upon payment. In
the event your paying membership 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 member on January 31st, your Payment Method would next be billed on February
28th. You acknowledge that the amount billed each month may vary from month to month
for reasons that include differing amounts due to promotional offers, differing
amounts due to changes in your membership plan, changes in the amount of applicable
sales tax, and charges additional services such as NetDisk upon cancellation or
termination of your membership, and you authorize us to charge your Payment Method
for such varying amounts. If you are eligible, and have signed up for a free trial,
your Payment Method will be authorized for up to approximately one month of service;
however, no charges will be made against the Payment Method unless you do not cancel
prior to the end of your free trial portion. We may also periodically authorize
your card in anticipation of membership or related charges. All fees and charges
are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS
OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide
a refund, discount, bonus disc or other consideration to some or all of our members
("credits"). The amount and form of such credits, and the decision to provide them,
are at our sole and absolute discretion. The provision of credits in one instance
does not entitle you to credits in the future for similar instances, nor does it
obligate us to provide credits in the future, under any circumstance. We may change
the fees and charges in effect, or add new fees and charges from time to time, but
we will give you advance notice of these changes by email. If you want to use a
different Payment Method or if there is a change in Payment Method, such as your
credit card validity or expiration date, you may edit your Payment Method information
by visiting our website and clicking on the "My Account" button, available at the
top of the pages of the tv3q website. If your Payment Method reaches its expiration
date and you do not edit your Payment Method information or cancel your account
(see, "Cancellation" below), you authorize us to continue billing that Payment Method
and you remain responsible for any uncollected amounts.
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Ongoing Membership
Your tv3q membership, which may start with a free trial portion, will continue
in effect unless and until you cancel your membership or we terminate it. You must
cancel your membership before it renews each month in order to avoid billing of
the next month's membership fees to your Payment Method. We will bill the monthly
membership fee at the then current rate plus any applicable tax to the Payment Method
you provide to us during registration (or to a different Payment Method if you change
your account information). Membership fees are fully earned upon payment.
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Cancellation
You may cancel your tv3q membership at anytime, and cancellation will be effective
immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP
PERIODS. To cancel your membership, visit our website and click the words "Cancel
Membership" on the "My Account" page and follow the instructions for cancellation
under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice,
for any or no reason whatsoever.
How Our Service Works
tv3q is an online hosting service providing its members with access to their rental
equipment(s), which provides place-shifting service. We offer a variety of membership
plans at varying price levels, including special promotional plans or memberships
with additional services such as NetDisk space, network hosting services, at which
tv3q is served as service agency to help customer purchases the service. To view
the details of your specific membership plan, click the "Membership Terms and Details"
link on the "My Account" page.
We reserve the right in our sole 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.
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Watch Instantly
Our instant streaming functionality allows you to instantly use your equipment(s)
on a tv3q ready device. The availability of the rental equipment(s) to instantly
watch will change from time to time. The quality of the display of the streaming
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. You are responsible for all Internet access charges.
Please check with your Internet provider for information on possible usage based
data charges. tv3q makes no representations or warranties about the quality of
your instant watching experience on your display.
Availability and Time Limits: The number of streaming you may watch instantly
will depend the availability of the free-to-air signals. The signals may not be
available due to weather condition or change of signal. We do NOT WARRANT the availability
of signal whatsoever.
Start Time: The time it takes to begin watching instantly will vary based
on a number of factors, including your location, available bandwidth at the time,
and the configuration of your tv3q ready device. For example, high-speed action
scenes may slightly delay its start time. In addition, you must be connected to
the Internet throughout the watch instantly experience.
Device Limitations and System Requirements. You may instantly watch on up
to one unique authorized tv3q ready devices. For certain membership plans, you
will be allowed to instantly watch simultaneously on more than one tv3q ready
device within your household.
To enjoy watching instantly via your personal computer, your equipment must satisfy
certain system requirements.
The number of devices and concurrent streams may change without notice to you. For
certain membership plans, your available tv3q ready device may be limited to personal
computers.
Geographic Limitation: You may NOT instantly watch through the tv3q service
anywhere other than the service area we supported. We may use technologies to verify
your compliance. You will not be able to access the tv3q service in the non-supported
areas.
tv3q streaming software: tv3q streaming software is developed by or for
tv3q and is designed to enable instant streaming of content from tv3q through
tv3q 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
tv3q 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 or USB key to be inserted into disc drives of certain devices. This software
is licensed to you by tv3q pursuant to these Terms of Use and solely for the purpose
of using the tv3q 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. Under certain of our membership plans, the streaming
functionality may be available for watch instantly only on a computer, and not on
other tv3q ready devices. 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 tv3q reserves the right to not provide the software
(including updates) to you at any time and to discontinue the ability to access
the tv3q service through such software at any time, without prior or any notice.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE
(1) TO THE tv3q END USER LICENSE AGREEMENT. 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 tv3q 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, tv3q ready devices are manufactured and
sold by entities other than tv3q. A tv3q ready device is any electronics equipment
that is authorized to decode and capable of decoding movies and TV shows that are
transmitted over the Internet by tv3q. These devices may include mobile devices,
stand alone set-top boxes, network connected players, Internet-connected HDTVs,
and game consoles. 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 tv3q 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. Under certain of our membership plans, the streaming functionality may be
available for watch instantly only on a computer, and not on other tv3q ready
devices.
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 movies and TV shows may not be watched, or may cease to be available
for watching instantly, through our service on some tv3q ready devices.
Features & Functionality
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Social Media
You can connect your account to Facebook. If you choose to connect, you'll be able
to take advantage of various social features we will be creating as well as features
available from Facebook. These features will be designed to share information with
others - the essence of social media. For example, your friends and others who have
access to view information about you on Facebook will be able to see that you're
a tv3q member as well as what you've watched, rated, what's in your queue and
other information about your use of the tv3q service. You'll also be able to see
similar information from your Facebook friends who are connected with tv3q. In
addition, tv3q may personalize and otherwise enhance your experience based on
your Facebook information, such as your Likes and Interests. Please pay careful
attention to your Facebook Connect settings in My Account as well as your Privacy
Settings in Facebook which will impact this feature and give you some control over
the information that is shared and who it is shared with.
While we hope that you find the Facebook Connect feature to be a great way to share
information, including discovering new movies and TV shows, you may nonetheless
disconnect your accounts at anytime by clicking on the "My Account" link, selecting
the "Manage Facebook Connect" link (located in the Preferences section) and then
selecting "Disconnect". Facebook may also offer ways to manage the information flow.
See the Facebook website for details.
BY CONNECTING YOUR tv3q ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND
AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU
TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK).
IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION,
TO BE SHARED INTHIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook
are continually making changes and improvements to this feature, and therefore the
available features and information that is shared may change from time to time.
These changes may take place without notice to you and may not be described in these
Terms of Use.
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Member Reviews
We permit you to post reviews and ratings of movies and TV shows available through
the tv3q service. We do not regularly review the content posted on the tv3q
website; however, we reserve the right to reject, remove or edit such content at
anytime without notice. Reviews should not be posted that contain: harsh, profane
or discriminatory language; illegal, obscene, threatening, defamatory or otherwise
objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal
attacks on the movie's or TV show's creative personnel; misleading information regarding
the origin of the content; or a discussion of tv3q policies or services. Please
click on the "Reviews" link that appears on the tv3q website for a link to guidelines
for writing and posting member reviews. You understand and agree that we may, but
are not obligated to, review the content and may delete or remove it (without notice)
in our sole and absolute discretion, for any reason or no reason.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATINGS OF MOVIES AND TV
SHOWS AND YOUR CITY AND STATE LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW,
YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION
PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, AND YOUR CITY
AND STATE TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE tv3q
SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, RATINGS, CITY AND STATE TO BE SHARED IN
A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
Anyone who participates in the Review feature is automatically given an anonymous
screen name ("nickname") and a generic avatar photo to represent them in public.
You can update your screen name or photo/image avatar at any time, as often as desired,
to identify yourself in connection with your account profile. We supply this pseudonym
on your behalf so that any presented information is not personally identifiable.
YOU ALWAYS HAVE THE OPPORTUNITY TO UPDATE THIS AUTOMATIC PSEUDONYM WITH A PSEUDONYM
OF YOUR CHOICE, OR EVEN SUPPLY YOUR REAL NAME, BUT BY DOING SO YOU ARE CHOOSING
TO DISCLOSE YOUR IDENTITY IN CONNECTION WITH YOUR REVIEWS AND RATINGS AND OTHER
FORMS OF PERSONAL INFORMATION ON OUR WEB SITE.
In addition, photos or images that you choose to post to your profile must be owned
entirely by you and cannot contain the images of, or owned by, any third party,
and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable. Like the content of
your review itself, you understand and agree that we may, but are not obligated
to, review any photos, images or pseudonyms you create and may delete or remove
them (without notice) in our sole and absolute discretion, for any reason or no
reason. Please also see "Use of Information Submitted" below.
If you no longer wish to have your reviews publicly posted, you may delete them
by going into the "My Account" tab on the website and selecting "Reviews."
Use of the Reviews feature is for your personal, non-commercial use and is at your
own option and risk.
The Reviews feature may change without notice to you and the degrees of associated
information sharing and functionality may also change without notice.
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Passwords
The member who created the tv3q account and whose Payment Method is charged is
referred to here as the Account Owner. The Account Owner has access and control
over the tv3q account. The Account Owner's control is exercised through use of
the Account Owner's password and therefore to maintain exclusive control, the Account
Owner should not reveal the password to anyone. In addition, if the Account Owner
wishes to prohibit others from contacting tv3q Customer Support and potentially
altering the Account Owner's control, the Account Owner should not reveal the last
four digits of their credit or debit card associated with their account, or their
email address if they use PayPal as their payment method.
BY SHARING THE tv3q SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE
FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT
OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
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Feeds
We currently offer RSS feeds as a convenient way to pass information about your
tv3q account or that is publicly available on the tv3q site to your RSS reader
or an RSS-associated website of your choice. RSS stands for Really Simple Syndication.
It allows information to be published in a standard XML format that can be accessed
via a URL. tv3q may also choose, at any time, to provide feeds in other formats,
such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining
a Feed from the tv3q website or receiving it into an application or website or
displaying the content received from such Feeds, is at your own option and risk,
and is covered by the Terms of Use for the tv3q Feeds.
By using the tv3q Feeds, you agree to be bound by the Terms
of Use for tv3q Feeds. In particular, you acknowledge and agree that you are consenting
to the information about your account being transferred to the location of the Feed
as enabled by you and that your use of a Feed may cause personally identifying information
to be associated with you, even if such information is not provided by the Feed.
Applications
You may encounter third-party applications (including, without limitation, websites,
widgets, software, or other software utilities) ("Application(s)") that interact
with the tv3q service. These Applications may import data related to your tv3q
account and activity and otherwise gather data from you. These Applications are
provided solely as a convenience to you, and tv3q is not responsible for and does
not endorse the content of such Applications. You will need to make your own independent
judgment regarding your interaction with these Applications. If you choose, at your
sole and absolute discretion and risk, to use an Application, such Application may
interact with, connect to or gather and/or pull information from and to your tv3q
account. By using such Applications, you acknowledge and agree to the following:
(i) if you use an Application to share information relating to your tv3q account,
you are consenting to the information about your account being shared; (ii) your
use of an Application may cause personally identifying information to be publicly
disclosed and/or associated with you, even if tv3q has not provided such information;
and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will
hold tv3q harmless for the sharing of information relating to your tv3q account
that results from your use of an Application. You must read all log-in boxes and
other pop-up boxes closely for notices about sharing your tv3q account information
with, through or by any other means identified on an Application. In addition, the
Application's end user license agreement, terms of use, and/or any other documentation
or materials designated by the Application will govern your use of that Application.
It is possible that you may be able to revoke an Application's access to your tv3q
account at any time, but information shared prior to revocation may continue to
be viewable within, or otherwise continue to be used by, the Application depending
on the policies of such Application. Certain Applications may be appear to be associated
with or sponsored by tv3q. While these Applications may utilize tv3q trademarks
with our permission, we do not take any responsibility for the performance of the
Application or the use of any information shared with the Application. Use of Applications
is at your own option and risk. If you have any questions, concerns, complaints,
or claims about the Applications, you should contact the support or contact personnel
of the Application and not tv3q, unless otherwise indicated by tv3q. tv3q
DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer
the tv3q service, tv3q implements technology that enables us to recognize you
as the account holder and provide you with direct access to your account without
requiring you to retype any password or other user identification when you revisit
the tv3q service. You are responsible for updating and maintaining the truth and
accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer or tv3q ready device. If
you disclose your password to anyone or share your account and/or devices with other
people, you take full responsibility for their actions. Where possible, users of
public or shared devices should log out at the completion of each visit. If you
sell or return a computer or tv3q ready device, you should logout and/or deactivate
the device before doing so. If you fail to log out or deactivate your device, subsequent
users may be able to access certain of your account information. To deactivate a
device, go to Manage tv3q ready devices and computers.
If you find that you're a victim of identity theft and it involves a tv3q account,
you should notify customer service. Then, you should report this instance to all
your card issuers, as well as your local law enforcement agency. Also, you should
be mindful of any emails requesting that you submit credit card or other account
information. These types of emails, also known as phishing emails, can result in
identity theft. Always access your sensitive account information by going directly
to the tv3q website and not through a hyperlink in an email, even if it looks
official. tv3q reserves the right to place any account on hold anytime with or
without notification to the member in order to protect itself and its partners from
what it believes to be fraudulent activity. tv3q is not obligated to credit or
discount a membership for holds placed on the account by either a representative
of tv3q or by the automated processes of tv3q.
Disclaimers of Warranties and Limitations on Liability
THE tv3q SERVICE, INCLUDING THE HOSTING, EQUIPMENT RENTAL, NETDISK, OUR WEBSITE
AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER
FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE tv3q SERVICE, ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND
OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO
THE tv3q SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE
ASSOCIATED THEREWITH. tv3q DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR
USE OF THE tv3q SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL
BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT tv3q MAY ELIMINATE OR OTHERWISE
MODIFY ANY OR ALL ASPECTS OF THE tv3q SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION
OR NOTICE TO YOU. tv3q SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS,
tv3q READY DEVICES, AND tv3q SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY
WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no
liability or responsibility for any of the following: (i) errors or omissions in
the streaming delivered by the tv3q service or on the tv3q website or user interfaces;;
(ii) recommendations or advice of Customer Service; (iii) any failures, network
delays, or interruptions of the signal receptions; (iv) any failure or interruption
in the availability of the tv3q service and/or website or user interfaces; (v)
delivery and or display of any content contained on the tv3q website, user interfaces,
or otherwise through the tv3q service; and (vi) any losses or damages arising
from the use of the service provided on the tv3q website, user interfaces, or
otherwise through the tv3q service itself, including any losses or damages arising
from streaming and/or downloading of related software, downloading and/or use of
any other software, including the remote desktop tool offered by Customer Service,
or any conduct by users of the tv3q service, website or user interfaces. TO THE
EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent
or warrant that the information accessible via our site is accurate, complete or
current. We do not make any representations with respect to the signals from the
tv3q service or the descriptions of any signal contained on our website or user
interfaces. We do not represent or guarantee that your use of the tv3q service
will be free from interruption, loss, corruption, attack, viruses, interference,
hacking, or other security intrusion and we disclaim any liability with respect
thereto. No oral or written information or advice given by us or our authorized
representative shall create a warranty or otherwise constitute a representation
binding upon tv3q or its affiliated parties.
IN NO EVENT SHALL tv3q, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL
INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE tv3q SERVICE, INCLUDING OUR WEBSITE
AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE
RELATED TO THE tv3q SERVICE, tv3q SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES
ASSOCIATED WITH THE tv3q SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO THE tv3q SERVICE,
INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED
THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL
INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION
OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS
DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT
THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY APPLICABLE LAW.
tv3q MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING tv3q READY DEVICES OR
THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations
of liability may be contained in the various software end user license agreements
you have agreed to by using our service.
Intellectual Property
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Copyright
The tv3q service you might use on the tv3q website and user interfaces, or delivered
to members as part of the service, you can watch instantly, text, graphics, logos,
designs, photographs, button icons, images, audio/video clips, digital downloads,
data compilations, and software, are the property of tv3q or its suppliers and
are protected by United States and international copyright laws or other intellectual
property laws and treaties. The compilation of all content and any software or other
materials provided by tv3q on our website and user interfaces, or in connection
with the tv3q service are the exclusive property of tv3q and its licensors and
are protected by the copyright and trade secret laws in the territories in which
the tv3q service operates and by international treaty provisions. Content shall
not be reproduced or used without express written permission from tv3q or its
suppliers. You agree to adhere to the restrictions set forth under "tv3q streaming
software" and "Limitations on Use." You agree not to decompile, reverse engineer
or disassemble any software) or other products or processes accessible through the
tv3q service, not to insert any code or product or manipulate the content of the
tv3q service in any way that affects the user's experience, and not to use any
data mining, data gathering or extraction method. tv3q reserves the right to terminate
your membership hereunder if tv3q, in its sole and absolute discretion, believes
that you are in violation of this paragraph, such violations including the tv3q
software restrictions, copying of movies and TV shows provided to you by us, the
or the copying or other unauthorized use of our proprietary content. tv3q does
not promote, foster or condone the copying of movies or TV shows or any other infringing
activity. The use of the tv3q service, including movies and TV shows made available
to you by us, is solely for your personal and non-commercial use. Please see the
instructions at the end of these Terms of Use for notifying us of the presence of
any allegedly infringing content of the tv3q service, including any on the tv3q
website or user interfaces.
-
Trademarks
tv3q is a registered trademark of tv3q LLC. The tv3q logo, Profiles, the tv3q
website and user interfaces, including but not limited to its graphics, logos, page
headers, button icons, scripts and service names constitute trade dress of tv3q,
Inc. The trademarks, service marks and trade dress of tv3q may not be used or
reproduced without prior written approval from tv3q and may not be used in connection
with any product or service that is not affiliated with tv3q, in any manner that
is likely to cause confusion among customers, in any manner that dilutes the rights
of tv3q, or in any manner that disparages or discredits tv3q. Other trademarks
that appear on the tv3q website and user interfaces are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by tv3q. Any images of persons or personalities contained on the tv3q website
and user interfaces are not an indication or endorsement of tv3q or any particular
product or our service unless otherwise indicated.
Service Content
We host equipments for customers to remote access free-to-air signals and other
licensed content. And we reserve the right to display and promote advertisements
through our service, including our website and user interfaces, advertisements to
you in any manner we choose in our sole and absolute discretion. In addition, the
tv3q service allows you and other third parties to post reviews or comments concerning
the entertainment distributed by us. Any opinions, advice, statements, services,
offers, or other information that constitutes part of the content expressed or made
available by third parties through the tv3q service are those of the respective
authors or producers and not of tv3q, or its shareholders, directors, officers,
or employees or licensors. Under no circumstances shall tv3q, or its shareholders,
directors, officers, directors, or employees or Licensors be held liable for any
loss or damage caused by your reliance on information obtained through the tv3q
service. It is your responsibility to evaluate the information, opinion, advice,
or other content available through the tv3q service.
Use of Information Submitted
tv3q is free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to us ("Feedback"),
including responses to questionnaires or through postings to the tv3q service,
including the tv3q website and user interfaces, without further compensation,
acknowledgement or payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and creating, modifying
or improving the tv3q service. Furthermore, by posting any Feedback on our site,
submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual,
non-exclusive, royalty-free irrevocable license and right to display, use, reproduce
or modify the Feedback submitted in any media, software or technology of any kind
now existing or developed in the future.
Please note tv3q does not accept unsolicited materials or ideas for use or publication,
and is not responsible for the similarity of any of its content or programming in
any media to materials or ideas transmitted to tv3q. Should you send any unsolicited
materials or ideas, you do so with the understanding that no additional consideration
of any sort will be provided to you, and you are waiving any claim against tv3q
and its affiliates regarding the use of such materials and ideas, even if material
or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website,
user interfaces, service levels, plans, promotions, features, availability of signals
or equipments, delivery, and pricing, and we reserve the right to include you in
or exclude you from these tests without notice.
Electronic Communications
By using the tv3q service, you consent to receiving electronic communications
from tv3q. These communications will include notices about your account (e.g.,
shipping and receiving, password change confirmation e-mails and other transactional
information) and information concerning or related to our service, such as featured
films or other entertainment information or offerings. These communications are
part of your relationship with tv3q and you receive them as part of the tv3q
membership. You agree that any notice, agreements, disclosure or other communications
that we send to you electronically will satisfy any legal communication requirements,
including that such communications be in writing.
Customer Service
If you need assistance with your account, you may find answers and reach Customer
Service at any time here, or
contact
us
at service at tv3q where you will find the answers to many frequently
asked questions and information on reaching a live Customer Service representative.
In certain instances, Customer Service may best be able to assist you by using a
remote access support tool, which will enable us to interact directly with your
account. We provide such support service only with your permission and in your presence
(via phone and Internet connection). During the time we are providing you with remote
access support service, we have full access to your desktop. If you do not want
us to have this access, you should not consent to support through the remote access
tool, and we will do our best to assist you through other means. The "Disclaimers
of Warranties and Limitations of Liability" set forth in these Terms of Use expressly
apply to the use of Customer Service, including any remote desktop access tool.
Your Conduct in Accessing the tv3q Service
By accessing the tv3q service, including the tv3q website and user interfaces,
you agree to use the tv3q service, including hosting, equipment rental, NetDisk
features and functionalities associated therewith, the website and user interfaces
and all content and software associated therewith in accordance with all applicable
laws, rules and regulations. In addition, you agree not to upload, post, e-mail
or otherwise send or transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment
associated with the tv3q service. You also agree not to interfere with the servers
or networks connected to any portions of the tv3q service or to violate any of
the procedures, policies or regulations of networks connected to the tv3q service.
You also agree not to impersonate any other person while using the tv3q service,
conduct yourself in a vulgar or offensive manner while using the tv3q service,
or use the tv3q service for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the tv3q service. While
individuals under the age of 18 may utilize the service, they may do so only with
the involvement of a parent or legal guardian, under such person's account and otherwise
subject to these Terms of Use. While tv3q does distribute products that may be
watched by children, we do not intentionally seek to collect information from individuals
13 years of age and younger (see also "Parental Controls"). Unless otherwise specified,
the tv3q service, and any content viewed through our service, are for your personal
and non-commercial use only and we grant you a limited, non exclusive, non transferable,
license to access the tv3q service for that purpose. Except for the foregoing
limited license, no right, title or interest shall be transferred to you. You may
not download (other than through page caching necessary for personal use, or as
otherwise expressly permitted by these Terms of Use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish, license, create derivative
works from, or offer for sale any information contained on, or obtained from or
through, the tv3q website, including but not limited to information contained
within a member or members' Queue, without our express written consent. tv3q does
not promote, foster or condone the copying of movies and TV shows, digitally delivered
content, or any other infringing activity. You may not circumvent, remove, alter,
deactivate, degrade or thwart any of the content protections in the tv3q service.
You may not frame or utilize any framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of tv3q without our express written consent. You may not purchase search terms
or use any meta tags or any other "hidden text" utilizing the tv3q name or trademarks
without our express written consent. Any unauthorized use of the tv3q service
or its contents will terminate the limited license granted by us and will result
in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the tv3q website may lead to other websites or Applications
that are not controlled by, or affiliated with, tv3q. In addition, other websites
may link to the tv3q website or tv3q may include links to the websites of businesses,
including those that have associations with us through certain programs. For example,
tv3q may include pages that display and provide information on Applications, tv3q
ready devices or other products. These pages may provide links to third party sites
where tv3q members may obtain or purchase such Applications and devices. tv3q
has not reviewed these websites and is not responsible for the offerings of any
of these sites or the content, privacy policies or terms of use of these websites
or Applications. You acknowledge and agree that tv3q is not responsible or liable
for, and does not otherwise warrant, the actions of these third parties, the products
or contents on their websites, or the performance of any Applications and devices.
You should carefully review their privacy statements and other terms and conditions
of use. You should also refer to the section of these terms titled "Applications"
and "How Our Service Works."
Claims of Copyright Infringement
It is the policy of tv3q to respect the intellectual property rights of others.
tv3q does not promote, foster or condone the copying of digitally delivered content
or any other infringing activity. If you believe your work has been copied in a
way that constitutes copyright infringement, are aware of any infringing material
available through the tv3q service, or know of someone who is making unauthorized
use of the content available through the tv3q service, please notify us at the
address specified below of your concern by submitting a signed written notice containing
all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material available through the tv3q service that is
claimed to be infringing, and information reasonably sufficient to permit us to
locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the above information is accurate, and under penalty of perjury,
that you are, or are authorized to act on behalf of, the owner of the copyright
that is allegedly infringed.
Counter-Notification: If you are the owner or a person authorized to act
on behalf of the owner of the material, which was removed from our service or disabled
after we received a copyright infringement notice, and you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material, you may ask that the material be restored by sending us a counter-notification.
Section 512(g) of the Copyright Act requires that your counter-notification include
all of the following:
(i) Your physical signature;
(ii) Identification of the material that had been removed or disabled, including
if applicable, the specific URLs where the material appeared before it was removed
or disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent
to the jurisdiction of the Federal District Court for the judicial district in which
your address is located and that you will accept service of process from the person
who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material was removed or disabled by mistake or misidentification
may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety
to the party who submitted the original claim of copyright infringement. The party
who submitted the original claim must then notify us with 10 days that he or she
has filed an action seeking a court order to restrain you from engaging in infringing
activity relating to the material, which was the subject of the original claim of
copyright infringement. If we receive notice of such an action, we will not restore
the material. If we do not receive such notification, we will replace the removed
material and cease disabling access to it. tv3q shall have the right to terminate
the account of any member who posts infringing material.
Written communications concerning copyright infringement or counter-notifications
under this section of our Terms of Use should be sent to the following address:
tv3q, Inc.
Attn: General Counsel/DMCA Notification
456 Mariner Island Ste 102
San Mateo, CA 94404
Or e-mail to: service at tv3q
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws
of the state of Delaware, without regard to conflicts of laws provisions. You and
tv3q agree that the United States District Court for the Northern District of
California and/or the California Superior Court for the County of Santa Clara shall
have exclusive jurisdiction over any dispute between you and tv3q relating in
any way to the tv3q service, our website or user interfaces, or these Terms of
Use. You and tv3q expressly and irrevocably consent to personal jurisdiction and
venue in these courts. The parties agree that in any such dispute or subsequent
legal action, they will only assert claims in an individual (non-class, non-representative)
basis, and that they will not seek or agree to serve as a named representative in
a class action or seek relief on behalf of those other than themselves. If any provision
or provisions of these terms shall be held to be invalid, illegal, unenforceable
or in conflict with the law of any jurisdiction, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or impaired thereby,
and shall remain in full force and effect.
Last Updated: July 21, 2011