Web Site Terms of Use
These Web site
Terms of Use ("Terms of Use") govern your access to and use of Sling
Media's web site (the "Site"), any information, text, graphics, or
other materials appearing on the Site (the "Content"), and any
services provided through the Site (the "Services"). Your access to
and use of the Site, Content, and/or Services are expressly conditioned on your
compliance with these Terms of Use. By accessing or using the Site, Content or
Services, you agree to be bound by these Terms of Use.
Modification of Terms of Use
You acknowledge
and agree that Sling Media may revise these Terms of Use from time to time. By
continuing to access or use the Site, Content or Services after Sling Media
makes any such revision, you agree to be bound by the revised Terms of Use.
Privacy
See Sling Media's
Privacy Policy for information and notices concerning Sling Media's collection
and use of your personal information.
Registration and Passwords
Some Services or
areas of the Site may require you to register. If you choose to register, you
must submit a valid e-mail address and select a username and password during
the registration process and be at least [18] years of age. You are responsible
for safeguarding the password that you use to access any secure areas of the
Site. You agree not to disclose your password to any third party. You agree to
take sole responsibility for any activities or actions under your password,
whether or not you have authorized such activities or actions. You will
immediately notify Sling Media of any unauthorized use of your password. Sling
Media reserves the right to refuse providing Services or access to the Site to
any user, or to delete accounts created by users who appropriate the name,
likeness, email address or other personally identifiable information of another
individual.
Your Use of the Content
You may only use
the Site, Services or Content for your personal and non-commercial purposes,
and subject to the restrictions set forth in these Terms of Use. Furthermore,
the Site and Content made available through the Site may contain links to other
web sites that are completely independent of Sling Media. Sling Media makes no
representation or warranty as the accuracy, completeness or authenticity of the
information contained on such web sites. Under no circumstances will Sling
Media be liable in any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, linked or
otherwise made available via the Site. You are also fully responsible for any
Content you post on the Site and to the consequences of any such Content.
Sling Media Property
All right, title,
and interest in and to the Site, Content and Services are and will remain the
exclusive property of Sling Media and its licensors. The Site, Content and
Services are protected by copyright, trademark, and other laws of both the
United States and foreign countries. Except as expressly permitted in these
Terms of Use, you may not reproduce, modify or prepare derivative works based
upon, distribute, sell, transfer, publicly display, publicly perform, transmit,
or otherwise use the Site, Content or Services. You may not copy or modify the
HTML code used to generate web pages on the Site. You may not use the Site,
Content or Services on or in connection with any other web site, for any
purpose.
If you send any
communications or materials to the Site by electronic mail or otherwise,
including any comments, data, questions or suggestions, such communications or
materials are, and will be treated as, non-confidential and non-propriety. You
will not claim that any use of such communications or materials by Sling Media
violates your rights, including moral rights, privacy rights, proprietary or
other property right. Any materials submitted by you to the Site may be
adapted, broadcast, changed, copies, disclosed, licensed, performed, posted,
published or sold by Sling Media. Sling Media may freely use, without
compensation to you, any concepts, ideas, know-how or techniques contained in
any communication you send or feedback you provide to Sling Media.
General Prohibitions
You agree not to
do any of the following while using the Site, Content or Services:
* Post, publish or
transmit any text, graphics, or material that: (i) is false or misleading; (ii)
is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic,
or offensive; (v) promotes bigotry, racism, hatred or harm against any individual
or group; (vi) infringes another's rights, including any intellectual property
rights; or (vii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability.
* Access, tamper with, or use non-public areas of the Site, Sling Media's
computer systems, or the technical delivery systems of Sling Media's providers;
* Attempt to probe, scan, or test the vulnerability of any system or network or
breach any security or authentication measures;
* Attempt to access or search the Site, Content or Services with any engine,
software, tool, agent, device or mechanism other than the software and/or
search agents provided by Sling Media or other generally available third party
web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
* Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Site, Content or Services; or
* Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Site.
Sling Media will
have the right to investigate and prosecute violations of any of the above,
including intellectual property rights infringement and Site security issues,
to the fullest extent of the law. Sling Media may involve and cooperate with
law enforcement authorities in prosecuting users who violate these Terms of
Use. You acknowledge that Sling Media has no obligation to monitor your access
to or use of the Site, Content and Services, but has the right to do so for the
purpose of operating the Site, to ensure your compliance with these Terms of
Use, or to comply with applicable law or the order or requirement of a court,
administrative agency or other governmental body.
Termination
If you violate any
of these Terms of Use, your permission to use the Site, Content and Services
will automatically terminate. Sling Media reserves the right to revoke your
access to and use of the Site, Content and Services at any time, with or
without cause. Sling Media also reserves the right to cease providing or to
change the Site, Content or Services at any time and without notice.
The Site is
Available "AS-IS"
THE SITE, CONTENT
AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF
ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLING
MEDIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, SLING MEDIA MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS. SLING MEDIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE,
CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
Indemnity
You agree to defend,
indemnify, and hold harmless Sling Media, its officers, directors, employees
and agents, from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with your access to or use of the Site,
Content or Services, or your violation of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SLING MEDIA NOR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICES
WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE
SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SLING MEDIA HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE
THAT SLING MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. FURTHER, SLING MEDIA WILL HAVE NO LIABILITY TO YOU OR
TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM
THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF
SLING MEDIA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE,
CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SLING MEDIA FOR
ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
SLING MEDIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Severability
In the event that
any provision of these Terms of Use is held to be invalid or unenforceable, the
remaining provisions of these Terms of Use will remain in full force and
affect.
Waiver
The failure of
Sling Media to enforce any right or provision of these Terms of Use will not be
deemed a wavier of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use
and any action related thereto will be governed by the laws of the State of
California without regard to its conflict of law provisions. The exclusive
jurisdiction and venue of any action with respect to the subject matter of
these Terms of Use will be the state and federal courts located in San
Francisco County, California, and each of the parties hereto waives any
objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use
are the entire and exclusive agreement between Sling Media and you regarding
the Site, Content and Services, and these Terms of Use supersede and replace
any prior agreements between Sling Media and you regarding the Site, Content
and Services.