Sonic Blue Replay TV 5000 - Manual (Page 73)

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:: Activation and Service Agreement
This Agreement applies to your use of the ReplayTV Service and is a legally binding agreement between you, SONICblue Incorporated and its wholly owned
subsidiary, ReplayTV Inc. (collectively “ReplayTV”). By clicking the button marked “I Agree” below or by otherwise communicating your acceptance to
ReplayTV or by using the ReplayTV Service, you agree to all the terms and conditions in this Agreement. IMPORTANT NOTE: Your ReplayTV digital video
recorder works only by activating and receiving the ReplayTV Service offered and provided by ReplayTV. If you do not agree with all the terms and conditions
of this Agreement, you are not authorized to use the ReplayTV Service, and you may return the ReplayTV unit to ReplayTV or the authorized retailer from
whom you purchased the product for a full refund within one (1) month of the original purchase date.
1. Use of the Service
A. Authorized Product. You may access and use the ReplayTV Service only with a ReplayTV product authorized to receive the ReplayTV Service and you
agree that the ReplayTV unit and ReplayTV Service are being provided to you in the specific form delivered and any modifications or tampering with the autho-
rized product or the ReplayTV Service is unauthorized. If you make any modifications to or otherwise tamper with the authorized product or the ReplayTV Ser-
vice, your warranty will be void and your ReplayTV Service may be disconnected and terminated. ReplayTV will not be responsible for the legality of any
modification that you make or the resulting modified product or any problems or wrongdoing resulting from such modifications, including, but not limited to,
problems receiving or using the ReplayTV Service or the ReplayTV unit.
B. Personal Use Only. The ReplayTV Service is for personal, residential, non-commercial use. Any other use is not permitted under this Agreement. You
may not re-sell the ReplayTV Service in whole or in part, nor, except as part of your transfer of the ReplayTV unit as provided in this Agreement, may you trans-
fer the ReplayTV Service.
C. Eligible Subscribers. You represent that you are at least 18 years of age. You may permit minors to use the ReplayTV Service under your account, but you
agree that you are fully responsible for the minors’ use of the ReplayTV Service.
D. Accurate Information. You must give us accurate and complete information when you activate and use your ReplayTV Service and pay your subscription
fee. If you do not, ReplayTV may terminate your account at any time.
E. ReplayTV’s Privacy Policy. ReplayTV respects the privacy of your information and will not disclose any of your information except as permitted in
ReplayTV’s Privacy Policy. A current copy of ReplayTV’s Privacy Policy is included in the Privacy Policy section of the main menu in the ReplayTV software
included on your ReplayTV unit and on the SONICblue website www.sonicblue.com. Please read it carefully before using your subscription for the ReplayTV
Service. By using the ReplayTV Service, you understand and agree with how ReplayTV handles your information as described in our Privacy Policy, and how
the Privacy Policy may be modified from time to time. ReplayTV will use commercially reasonable efforts to notify you of any substantial and material changes
to the Privacy Policy. However, you are responsible for viewing the latest Privacy Policy which can be accessed through our website at www.sonicblue.com.
F. TV Programming. The ReplayTV Service gives you the ability to see and record televised programs. However, ReplayTV exercises no editorial or pro-
gramming control over these programs (“Third Party Content”). You understand that (a) ReplayTV does not guarantee the access to or recording of any particu-
lar program, (b) programming is not under ReplayTV's control, (c) ReplayTV is not responsible for and has no editorial control over any Third Party Content,
and (d) ReplayTV has no control over the distribution of programs. You also understand that television programs, films, videotapes, and other materials may be
copyrighted. Unauthorized recording and sending of such material may be contrary to the provisions of the United States copyright laws. The rights of copyright
holders are subject to limitations when persons are engaged in “fair use” or are protected by other provisions of law. You are responsible for complying with
these laws.
G. Changes to ReplayTV Service. At its discretion, ReplayTV may automatically add, modify, or disable any feature or functionality of the ReplayTV Ser-
vice or on the ReplayTV unit (when your unit connects to our server or at other times with or without notice). In addition, ReplayTV may modify the terms and
conditions of this Agreement from time to time (and will notify you of these changes to the Agreement by either sending a notice to your ReplayTV or, in
ReplayTV’s sole discretion, to the address of record that ReplayTV has for you).
H. Software. ReplayTV provided certain software with the ReplayTV unit you purchased, and may, at its option, provide replacement (for example, bug
fixes, updates or upgrades) and additional software to you from time to time (which may include by automatic downloads to the ReplayTV unit), in order for you
to access and use certain features of the ReplayTV Service. The ReplayTV Service may include software updates. ReplayTV reserves the right to add, delete or