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individual or household. This anonymous information is treated the
same as Anonymous Viewing Information under TiVo’s Privacy
Policy. In other words, there is no personally identifiable information
associated with this data that could identify the data as coming from
you or your household.
4 We Don’t Control Third-Party Content!
The TiVo Plus service
gives you the ability to access audio, video, and other media over
which TiVo exercises no editorial or programming control (“Third
Party Content”). You understand that: (a) TiVo does not guarantee the
access to or the ability to record, display, or transfer any particular
program; (b) programming is not under TiVo’s control; (c)
programming providers may restrict or limit the ability to record,
display, view or transfer particular programs by using a variety of
copy protection mechanisms; (d) content providers may restrict or
revoke access to their content at any time; (e) TiVo is not responsible
for and has no editorial control over any Third Party Content; and (f)
TiVo has no control over the distribution of such content. You agree
that TiVo will have no liability to you, or anyone else who uses your
account and TiVo DVR, with regard to any Third Party Content.
5 Third Party Content Is Copyrighted.
You also understand that
the Third Party Content is the copyrighted material of the third party
that supplies it, is protected by U.S. copyright law and other
applicable laws, and may not be reproduced, used to prepare
derivative works, distributed, performed publicly or displayed
publicly without the written permission of the third party that
supplied it, except to the extent allowed under the “fair use”
provisions of the U.S. copyright laws, other limitations on exclusive
copyrights in the U.S. copyright laws, or comparable provisions of
foreign laws. You hereby agree and declare that any and all Third
Party Content accessed using your TiVo DVR or TiVo software are
for personal, non-commercial use and that the TiVo DVR or TiVo
software will not be used for Third Party Content to be copied or
displayed before a public audience without authorization from the
appropriate rights holder. Unauthorized copying or distribution of
copyrighted works may constitute an infringement of the copyright
holders’ rights. TiVo reserves the right to terminate the accounts of
users of any TiVo software who infringe the copyrights of others.
6 Changes to Your TiVo Plus Service.
TiVo may at its discretion
and from time to time change, add, or remove features and
functionality of the TiVo Plus service or the TiVo DVR without
notice. If you are dissatisfied with any such changes to the TiVo Plus
service, you may immediately cancel your use of the TiVo Plus
service as provided in Section 14 (“Termination of Service”). TiVo
reserves the right to discontinue one, some, or all of the features of
the TiVo Plus service you receive at any time at its discretion. TiVo
may at its discretion discontinue the provision of software updates to
certain TiVo DVRs. This means that while other TiVo DVRs may
receive continued software updates and functionality; TiVo is not
required to provide such updates to your TiVo DVR. Additionally,
the level of service TiVo provides may not be the same on each TiVo
DVR; a given TiVo DVR may support different features and
functionality, and TiVo is under no obligation to provide all features
and functionality to your TiVo DVR.
ACTIVATING AND USING THE TIVO PLUS SERVICE
7 Eligible Subscribers.
You must be at least 18 years of age to
assume the responsibilities of this Agreement. Minors may use the
TiVo Plus service only if one of their parents or legal guardians
assumes the responsibilities of this Agreement and thereby assumes
full responsibility for the minor’s use of the TiVo Plus service.
8 Subscription Fees.
You agree to pay your subscription fee in
advance. Your subscription fee will cover the TiVo Plus service
received via a TiVo DVR authorized by TiVo to enable the TiVo Plus
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