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UTV Service Agreement
Congratulations and Welcome to your NEW UTV! You will enjoy top quality digital entertainment programming directly on your television and/or computer monitor or other devices as determined by U Media Group (“UTV”) in the comfort of your surroundings. This service agreement explains the terms and conditions that apply to your use of the UTV service and constitutes a legally binding agreement between you and UTV. By using the UTV service, you agree to all the terms and conditions in this agreement which together with your UTV Subscription Order Form shall constitute the agreement (“Agreement”) between you and UTV.
1. The Service. The UTV service consists of limited program guide information and the following features depending on your chosen user/subscriber package: (a) Internet Protocol Television (“IPTV”) with various content for viewing and (b) Video On Demand (“VOD”) with various content choices for viewing. Each of these features is part of the “UTV service.” The “UTV service” means these features and any additional features and functionality that UTV may at its discretion and from time to time offer. Features such as VOD, if available under your subscription plan, may require additional fees.
2. Terms of Service. The Set Top Box, UTV’s IPTV Receiver is a network-enabled IPTV receiver which has an established network connection through the Ethernet; runs a UTV software version that supports networking; and is connected to a television monitor; and has an active subscription to the UTV service. The activation and continued use of the UTV service is subject to the terms and conditions of this Agreement. UTV may at its discretion change the terms of this Agreement at any time. Such changes shall be effective upon notification by UTV. We encourage you to check www.UMGTV.com for a copy of the current UTV service agreement.
3. Eligible Subscribers. You must be a U.S. resident with a U.S. address location. You must be at least 18 years of age and competent to assume the responsibilities of this Agreement. Minors may use the UTV 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 UTV service.
4. Subscriber Fees. You agree to pay your subscription fees according to your agreed UTV Subscription Order Form as well as all applicable taxes, whether local, state, provincial or federal. Your fees will cover the UTV service received via a SET TOP BOX authorized by UTV to enable the UTV service. You have a choice of subscription packages and payment options that may change over time. UTV reserves the right to discontinue any subscription package or payment option at any time without notice. You may switch package or payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the UTV service under a promotional subscription fee, additional restrictions may apply. If you have multiple UTV service subscriptions under the same account information, additional terms and conditions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the UTV service and the subscription plan you choose.
5. Changes to Your Service. UTV may at its discretion and from time to time change, add or remove features and functionality of the UTV service without notice. UTV reserves the right to discontinue one, some, or all of the features of the UTV service you receive at any time at its discretion. UTV may at its discretion discontinue the provision of software updates to certain SET TOP BOXES. This means that while other SET TOP BOXES may receive continued software updates and functionality; UTV is not required to provide such updates to your SET TOP BOX. Additionally, the level of service UTV provides may not be the same on each SET TOP BOX; a given SET TOP BOX may support different features and functionality, and UTV is under no obligation to provide all features and functionality to your SET TOP BOX.
6. Third-Party Content. The UTV service gives you the ability to access and view audio, video, and other media over which UTV exercises no editorial or programming control (“Third Party Content”). You understand that: (a) UTV does not guarantee the access to or the ability to record, display, or transfer any particular program; (b) programming is not under UTV’s control; (c) program 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) UTV is not responsible for and has no editorial control over any Third Party Content; and (f) UTV has no control over the distribution of such content. You agree that UTV will have no liability to you, or anyone else who uses your account and UTV, with regard to any Third Party Content. You understand that by using any of the Services you may encounter content you deem offensive, indecent, or objectionable and you agree that UTV shall have no liability to you for any such content. You also understand and agree that if UTV makes available to you any information about content you browse or stream through the SET TOP BOX, that information is provided to you for your convenience and UTV does not guarantee its accuracy or that it will continue to be available. You may be able to access certain Third Party content through apps made available through the SET TOP BOX. UTV does not guarantee your right to access any of the content and you do so at your own risk. UTV is not liable for any copyright infringement that may occur from your access to Third Party content.
7. 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 international, U.S. and/or Canada copyright law and other applicable laws, and may not be used in any manner which is not authorized by UTV or the copyright owner(s) of the content. Any and all Third Party Content accessed or transferred using the UTV service are for personal, non-commercial use and the UTV service application shall 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. UTV reserves the right to terminate the accounts of users of any UTV service or software who infringe the copyrights of others. In addition, steps intended to defeat or bypass security measures which are designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. UTV reserves the right to terminate the UTV service accounts of users who develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders’ rights.
8. Title to Software and Intellectual Property. You may need to use certain software programs in your SET TOP BOX to use or have full access to certain features of the UTV service. You received certain software in your SET TOP BOX at the time of purchase and other software programs may be delivered to your SET TOP BOX by UTV from time to time, which you are obligated to accept. You understand that your ability to access content via the SET TOP BOX from any given source may require you to keep your software up to date. You may use such software solely in executable code form and solely in conjunction with your SET TOP BOX. Your use of such software is subject to the terms of this Agreement. UTV retains title to and ownership of all the software for the UTV SET TOP BOX and certain intellectual property rights in the UTV SET TOP BOX. UTV also retains ownership of all UTV copyrights and trademarks. In the case of third party software delivered by UTV to the SET TOP BOX, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the SET TOP BOX or the software of the SET TOP BOX is strictly prohibited, except as expressly set forth in Section 17 (“Open Source Software”).
9. Advertising. The UTV service may have advertiser support. UTV reserves the right to send content (including advertising and promotional material) to you as part of the UTV service.
10. Using the Service. You may access and use the UTV service only with a SET TOP BOX that is authorized to receive the UTV service at the user/subscription package level you agree to and pay for. You agree not to tamper with or otherwise modify your SET TOP BOX. The UTV service is provided for your personal residential use or if you are under a commercial subscription plan by the use of your business for public viewing at no charge and the UTV service may not be resold, in whole or in part. You may not transfer the UTV service to another IPTV receiver or any unauthorized devices. By using the UTV service, you agree to receive programming including but not limited to software updates, upgrades, advertising, promotions, notices and/or push VOD selections that UTV sends to your SET TOP BOX. You further agree to receive notices and promotions and advertising, via the UTV service, by mail, and by email. If your SET TOP BOX accesses the UTV service, you acknowledge and agree that you are a subscriber to the UTV service and are bound by the terms of this Agreement and any subscription plan you agree to.
11. Network Connection. Your connection to the network must meet certain minimum technical requirements to receive the UTV service for viewing. You must have adequate broadband connection to the Internet of at least a speed level of 1.5 Mbps with 5.0 Mbps recommended for maximum enjoyment. You agree that UTV is not responsible for your inability to access the UTV service due to your network connection’s failure to meet the minimum technical requirements.
12. Termination of Service. Notwithstanding anything to the contrary in this Agreement, UTV retains the absolute right to immediately suspend or terminate your use of the UTV service, and terminate this Agreement, if you breach any provision in this Agreement, if you misuse the UTV service, and/or if you alter your SET TOP BOX or use the UTV service in such a manner as to infringe upon the intellectual property rights of UTV or any third party. In addition, UTV reserves the right to terminate your use of the UTV service and this Agreement for any other reason or no reason if UTV gives you at least 30 days advance notice of such termination. Regardless of how much time is remaining in your subscription plan, if any, you must give UTV 30 days notice prior to termination and deactivation of your account.
13. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UTV FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST THE UTV SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE UTV SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE SET TOP BOX OR SOFTWARE FOR THE SET TOP BOX.
14. Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE UTV SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. UTV MAKES NO WARRANTY THAT THE UTV SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD, VIEW OR TRANSFER ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE UTV SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES UTV MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE UTV SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE UTV SERVICE WILL BE CORRECTED OR THAT THE SET TOP BOX OR UTV SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, UTV DOES NOT WARRANT THAT THE UTV SERVICE OR THE UTV SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT USE OF THE UTV SERVICE OR SERVICES WOULD NOT AFFECT YOUR BROADBAND CONNECTION OR ABILITY TO ACCESS OTHER PROGRAMMING OR SERVICES ON THE INTERNET. YOU (AND NOT UTV) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION FOR YOUR HARDWARE AND SOFTWARE COMPONENTS. UTV ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR SET TOP BOX, UTV SOFTWARE, OR OTHER HARDWARE. UTV AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE UTV PLUS SERVICE OR UTV SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
15. Limitations of Liability. IN NO EVENT WILL UTV OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE UTV SERVICE OR USE OF THE UTV SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF UTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL UTV’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE UTV SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO UTV IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF UTV’S AND UTV’S SUPPLIERS LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit UTV’s liability in the event of UTV’s willful or intentional misconduct. Moreover, if UTV mistakenly or wrongfully overcharges your account, this section does not limit UTV’s obligation to refund such mistakenly or wrongfully overcharged amounts.
Other Terms & Conditions
Programming Agreement: 5 days after your sign up OR 5 days after shipping date of your SET TOP BOX, whichever is earlier, you agree to activate your subscription plan(s). The plan fee, as well as all applicable taxes of the subscription plan you selected, will be charged to the credit card account you provided to us. In addition, you will be charged a non-refundable activation fee of $50 and $9.99 for shipping / handling for the SET TOP BOX. Upon termination of your account, you are responsible for returning the SET TOP BOX to UTV’s offices, at your expense. However, if you fail to return the SET TOP BOX after 14 days of termination, or if the SET TOP BOX is not returned in good working condition, you will be charged $70 for the SET TOP BOX unreturned.
The subscription plan must be maintained for a period of twelve consecutive months without interruption for each SET TOP BOX shipped or received by you.
CONSEQUENCES OF YOUR FAILURE TO MAINTAIN PROGRAMMING AGREEMENT: If you agree to a twelve month subscription and you fail to maintain and pay for twelve consecutive months of the required subscription plan, UTV shall charge you an early termination fee of $120 regardless of the number of month(s) remaining on your plan. Regardless of the amount of time remaining on your subscription plan, you must give UTV 30 days notice prior to termination and deactivation of your account. Your termination notice must be acknowledged and accepted by UTV and you will be provided with a return authorization number (“Return Authorization”) to accompany the return of the SET TOP BOX along with each set connecting cables and remote control (the “Receiver Accessories”) at your own expense. The SET TOP BOX and Receiver Accessories must be delivered to UTV in good working condition less normal wear and tear, along with the original packaging, within 14 days of UTV’s acceptance of your termination whereby your UTV Service will be deactivated (the “Termination Date”). If you fail to return the devices or if the devices are returned in poor condition, you will be charged $70, (as described above). It is recommended that delivery shall be made with a tracking service which can be verified by UTV such as United Parcel Service or Federal Express. Any other delivery service used by you without verified tracking shall be at your own risk. Upgrading or renewal of subscription plans shall not constitute early termination for purposes of this section.
* The content and program data are subject to change without further notice.
TERMS OF SERVICE: You hereby agree and acknowledge that this UTV Annual Programming Agreement sets forth additional terms and conditions regarding your receipt of SET TOP BOX and shall be applied to in conjunction with the UTV Service Agreement, a copy of which is printed on the backside of this document as well as provided at www.UMGTV.com.
BY USING THE UTV SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
U Media Group
152 South Spruce Avenue, South San Francisco, CA 94080 Tel: 1-888-952-3732 www.UMGTV.com
THIS IS A LEGALLY BINDING CONTRACT
THIS AGREEMENT IS FULLY ENFORCEABLE UNDER THESE TERMS EVEN THOUGH IT MAY BE SEPARATE AND DIFFERENT FROM ANY OTHER AGREEMENT YOU MAY HAVE PREVIOUSLY MADE WITH UTV.By signing below, I hereby AGREE TO PAY FOR AND authorize UTV TO CHARGE THE FEES STATED ABOVE TO my CREDIT CARD. I am 18 years old or older and all OF THE information supplied by me or about me is accurate. I have read and agree to all of the terms and conditions.