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and will not disclose any of your Subscriber Information except as
permitted in TiVo's Privacy Policy. A copy of TiVo's Privacy Policy
is included in the product manual and the latest version can always
be found via our website at www.tivo.com. Please read it carefully
before using your subscription for the TiVo Service. By using the
TiVo Service, you agree to the terms and conditions of our Privacy
Policy and affirm that you understand the options TiVo provides you
with regard to your Subscriber Information. TiVo will notify you of
any substantial and material changes to the Privacy Policy and the
latest Privacy Policy can always be accessed through our website at
www.tivo.com.
5.
We Don't Control the Nature of Television!
The TiVo Service
gives you the ability to see and record televised programs over which
TiVo exercises no editorial or programming control (“Third Party
Content”). You understand that (a) TiVo does not guarantee the
access to or recording of any particular program, (b) programming is
not under TiVo's control, (c) cable/satellite providers may make
program line-up changes too quickly for your TiVo DVR to adjust
recording times, (c) TiVo is not responsible for and has no editorial
control over any Third Party Content, and (d) TiVo has no control
over the distribution of programs. You also understand that the Third
Party Content is the copyrighted material of the third party that
supplies it, is protected by copyright and other applicable laws, and
may not be reproduced, published, broadcast, rewritten, or
redistributed 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 or comparable provisions of
foreign laws. You agree that TiVo will have no liability to you, or
anyone else who uses your account, with regard to any Third Party
Content.
Subscribing to and Using the TiVo Service
6.
Eligible Subscribers.
You must be at least 18 years of age to
assume the responsibilities of this Agreement. Minors may use the
TiVo 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 Service.
7.
Subscription Fees.
You agree to pay your subscription fee in
advance. Your subscription fee will cover the Basic TiVo Service
received via a product authorized by TiVo to enable the TiVo
Service. You have a choice of subscription options that may change
over time. You may switch options at the end of each period. If for
any reason you need to reactivate your subscription, you will be
charged a reactivation fee. If you are signing up for Basic TiVo
Service under a promotional subscription fee, some additional
restrictions may apply. Whatever your subscription option, your
subscription fee does not include any services, features or
functionality other than the Basic TiVo Service.
8.
Telephone Access and Possible Charges.
The TiVo Service is
accessed through a standard telephone line and is available as a local
call in most areas. In some areas, local and long-distance toll charges
may apply. You are responsible for any telephone charges incurred
as a result of using or accessing the TiVo Service and acknowledge
and agree that you shall be solely responsible for all disputes with
any telephone company related to the same.
9.
Payment Authorization.
If you choose a subscription option with
recurring payments, you agree that TiVo may automatically charge
the subscription fee to your credit or charge card at the beginning of
each period. Your TiVo Service access will not be established until