TERMS OF USE

The following terms and conditions (“Terms of Use”) govern your use of the MobiTV, Inc. Web site (the “Site”) and the materials accessible on or from the Site.  PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

1. COPYRIGHT

The content of the Site, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as “Materials”), is the property of MobiTV and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of MobiTV, Inc. (“MobiTV”).

2. COPYRIGHT COMPLAINTS

MobiTV respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our  Notice and Procedure for Making Claims of Copyright Infringement.

3. TRADEMARK

MobiTV and the MobiTV logo are among the trademarks, service marks, and/or registered trademarks of MobiTV, Inc. in the United States and in other countries. MobiTV’s trademarks may be reproduced or used only with MobiTV’s written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.  Their appearance of any mark or logo on the Site does not transfer any rights whatsoever in and to such mark or logo to anyone other than the owner of such mark or logo, and you may not reproduce, copy, or otherwise use any such mark without the permission of the owner of such mark.

4. LINKS

The Site contains links to other Web sites operated by third parties. MobiTV is not responsible for the content or the privacy practices of those third party Web sites. MobiTV makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the Site. MobiTV provides these links for your convenience only and MobiTV does not control such Web sites. MobiTV’s inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit, including those you access via links from the Site. You acknowledge and agree that MobiTV is not liable for any loss or damage of any kind which may be incurred by you as a result of the availability, accuracy or existence of any websites or resources external to the Site, including advertising on the Site or on any external websites you access through the Site.

5. SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to MobiTV are non-confidential and you grant to MobiTV a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in MobiTV’s sole discretion and without compensation to you. You also grant to MobiTV the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. MobiTV has no obligation to use any submitted materials and may remove any such materials in its sole discretion.

6.  PRIVACY

To obtain information about how MobiTV handles information collected by MobiTV in connection with its operation of Web sites such as www.MobiTV.com, please refer to the MobiTV Web site Privacy Policy.

7. DISCLAIMER OF WARRANTIES

THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY MOBITV ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBITV MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBITV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOBITV DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL MOBITV OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOBITV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOBITV’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. CHANGES TO SITE

MobiTV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that MobiTV will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

10. CHANGES TO TERMS OF USE

MobiTV reserves the right to change or modify without notice any of the Terms of Use at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site. Any changes or modifications will be effective upon posting of the new Terms of Use on the Site as revised. Your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.

11. APPLICABLE LAW AND JURISDICTION

This agreement shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties’ relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Alameda County, California, for all claims arising out of or relating to this agreement.

12. GENERAL PROVISIONS

You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and MobiTV. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.

Last Modified: April, 2013