DIRECTV STREAM Device Terms of Use
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Your use of the DIRECTV STREAM device (which may be rebranded from time to time) and its device software (“Device”) requires that You agree to these DIRECTV STREAM Device Terms of Use (“Agreement”). Please carefully read this Agreement. By using the Device, you agree to be bound by the terms of this Agreement. If You do not agree to be bound by the terms of this Agreement, you may not use the Device. This Agreement applies solely to Your use of the Device. Your use of any services or applications that are accessible through the Device (e.g., DIRECTV STREAM, any service provided by a third party, or any applications You may access through the Google Play store) is subject to any additional rules, policies and terms that apply to those services or applications.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 9), AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (SEE SECTION 11).
BY CLICKING “I AGREE” OR “ACCEPT”, OR BY USING THE DEVICE, YOU AGREE:
- THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS;
- THAT YOU ARE 18 YEARS OF AGE OR OLDER;
- TO THE DIRECTV Video Apps and DEVICE PRIVACY POLICY , AND
- WHERE APPLICABLE, TO THE DIRECTV PRIVACY POLICY . PLEASE CAREFULLY READ THIS AGREEMENT, THE AT&T ACCEPTABLE USE POLICY , THE DIRECTV PRIVACY POLICY AND THE DIRECTV STREAM DEVICE PRIVACY POLICY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR DIRECTV STREAM SERVICE SUBJECT TO APPLICABLE CANCELLATION TERMS AND/OR FEES DESCRIBED IN THE DIRECTV STREAM TERMS AND CONDITIONS (www.directv.com/stream-tose) , AND/OR TERMINATE USE OF THE DEVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE OR CONTINUE USE OF THE DEVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING.
1. Definitions.
- “DIRECTV,” “We,” “Our” and “Us” mean DIRECTV, LLC and its subsidiaries, agents, employees, successors and assigns;
- “Device Software” means the software that is pre-loaded on the Device at the time of your first use of the Device and any updates to this software; and
- “You” and “Your” mean an individual who uses the Device and any person or entity represented by that individual.
2. Internet Connection Required; Connectivity and Availability.To use the Device, you will need an Internet connection, your use of which is subject to the fees, restrictions, terms, and limitations imposed by Your Internet service provider. Some services or applications that are available through the Device may be offered for a limited time, require separate subscriptions and/or require minimum Internet speeds for some or all functionality. We do not guarantee any particular service or application will be available through the Device and are not responsible for any unavailability.
2.1 Purchase and Limitations of Devices.We may limit the number of Devices that may be associated with Your DIRECTV account, and We may change those limits from time to time at Our sole discretion. You may purchase Devices in addition to any Device You may receive in connection with Your initial subscription to DIRECTV STREAM, for which payment is required and to which additional terms and conditions will apply. Click here for information on the Device cancelation policy and related fee. When You set Your Device as part of registration for and access to DIRECTV STREAM, the location at which You do so will be designated as the residential, non-mobile internet network with which Your Device is associated (“Home Network”). We may implement measures that restrict Your ability to access the DIRECTV app through certain devices other than those devices that are associated with Your Home Network.
3. Use of Device.Your access to and use of the Device requires You maintaining an active DIRECTV account. You may access the Device by entering the user ID and password associated with your DIRECTV STREAM Service. If you cancel your subscription to the DIRECTV STREAM Service, you may continue accessing the Device without an active DIRECTV account using the same or other valid DIRECTV user ID and password.
4. Google Services.When you perform a search using the Device (including its remote control), You will be using Google’s search service and Google may prioritize search results in any manner, including based on whether the content for which You are searching is available on the DIRECTV STREAM Service or another of our services. The remote includes a microphone-enabled functionality to perform a search, which can be activated by pressing the microphone button. Google’s collection and use of the information in Your search queries is governed by Google’s privacy policy. We may collect and use the information in Your search queries in accordance with the DIRECTV Video Apps and Device Privacy Policy . Google may also collect information about Your network, including Your Wi-Fi network, to ensure the Google applications and Google services on the Device work properly, to assist Google with diagnosing technical issues related to its applications and services, and for other purposes.
5. Google Play Store and In-App Purchases.Many services and applications are accessible on Your Device, including purchases of games, movies, and services made available via third party applications (i.e. in-app purchases) and/or the Google Play storefront (“Content”). Such third-party applications and storefronts may offer the option to charge the purchase of Content to Your DIRECTV account as a method of payment. Charges may be one–time or recurring. The amount and frequency of the charges will be disclosed to You prior to the time a purchase is made. If You choose to have the charges applied to Your DIRECTV account, such payments will be charged to the method of payment on Your DIRECTV account at time of purchase. You are responsible for all authorized charges associated with such Content made by anyone who uses Your Device. You have full-time access to Your purchase transaction history on Your DIRECTV account, and You are responsible for reviewing Your account to ensure that all charges for Content are accurate. You may contest and seek refunds for unauthorized purchases. We reserve the right to restrict Content purchases or terminate the account of anyone who seeks refunds on improper grounds or otherwise abuses this payment method option
6. No Responsibility for Third Party Content and Services.The Device may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties (“Third Party Content and Services”). Your use of Third-Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. We do not investigate, monitor, represent, endorse, or publish the Third-Party Content and Services. DIRECTV reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Device. DIRECTV shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third-Party Content and Services.
7. Device Software.
7.1 License Grant.Subject to the restrictions set forth in Section 7.2, DIRECTV grants You a personal, revocable, non-exclusive, non-transferable, limited right to use the Device Software solely on the Device itself, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
7.2 Restrictions on Use.You shall not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Device Software, for any purpose;
- modify, adapt, improve, or create any derivative work from the Device Software;
- violate any applicable laws, rules or regulations in connection with Your use of the Device Software;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of DIRECTV or its collaborators, suppliers or licensors;
- use the Device Software in a manner that derives revenue directly from such use, or use the Device Software for any other purpose for which it is not designed or intended;
- enable the use of the Device Software on any device other than the Device;
- make the Device Software available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the Device Software for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by DIRECTV or its licensors;
- use the Device Software to send automated queries to any website or to send any unsolicited commercial e-mail;
- use any proprietary information or interfaces of DIRECTV or other intellectual property of DIRECTV in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Device Software; or
- circumvent, disable or tamper with any security-related components or other protective measures applicable to the Device Software. You agree to abide by the rules and policies established from time to time by DIRECTV. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Device Software and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this Agreement.
7.3 Open Source Software.The Device Software may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Device Software is subject to and governed by the terms and conditions of any license applicable to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.
7.4 Proprietary Rights.The Device Software (including its source and object code) and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of DIRECTV or its collaborators, licensors, or suppliers. The source and object code of the Device Software are the proprietary and confidential information of DIRECTV and its collaborators, licensors, and suppliers. The Device Software is licensed, not sold, to You. Title to the Device Software shall remain with DIRECTV. DIRECTV and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the Device Software at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Device Software by implication, estoppel or other legal theory, and all rights in and to the Device Software not expressly granted in this Agreement are hereby reserved and retained by DIRECTV. These obligations survive termination of this Agreement.
7.5 U.S. Government Use.The Device Software and its related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users
- only as Commercial Items and
- with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
8. TERMINATION.Your rights under this Agreement shall automatically terminate without notice to You if You fail to comply with any of this Agreement’s terms. Upon the termination of this Agreement, you shall cease all use of the Device. DIRECTV will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of termination of this Agreement, and termination of this Agreement will be without prejudice to any other right or remedy DIRECTV may have, now or in the future. These obligations and the Dispute Resolution by Binding Arbitration provision of this Agreement survive termination of this Agreement.
9. Dispute Resolution
a. Summary. We aim to make You happy as a customer, but if a dispute arises, DIRECTV and You agree to resolve it using the process described below. READ THIS PROVISION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT WITH LIMITED EXCEPTION AND INCLUDES A WAIVER OF CLASS ACTIONS AND JURY TRIALS. References in Section 9 “Dispute Resolution” to “DIRECTV” include Our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as DIRECTV’s and all those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns. References in Section 9 “Dispute Resolution” to “You” include Your past, present, and future agents, heirs, successors, and assigns; and all authorized or unauthorized users or beneficiaries of Our services or products under past, present, or future agreements between You and DIRECTV.
b. DIRECTV and You agree to arbitrate most disputes. DIRECTV and You agree to arbitrate all disputes between You and Us, except for claims arising from bodily injury or death. This agreement is to be broadly interpreted and includes claims that arose before this or any prior agreement between You and Us (e.g., advertising claims) and claims DIRECTV and You may have after You cancel Your Service. DIRECTV and You also agree to arbitrate claims relating in any way to Us that either You or any users or beneficiaries of Your DIRECTV Service may have against Our past, present, and future parents, subsidiaries, affiliates, employees, agents, or assigns. This arbitration agreement is governed by the Federal Arbitration Act. All issues are for the arbitrator to decide except for the following (which are for a court to decide): (1) issues related to scope and enforceability of this Section 9 “Dispute Resolution”; (2) whether a dispute can or must be brought in arbitration; (3) a dispute as to whether a claim is within the jurisdictional limits of small claims court; and (4) whether Sections 9.d, 9.e, 9.f, 9.h, 9.i have been complied with. Notwithstanding the foregoing, a party may seek monetary damages for non-compliance with Sections 9.d, 9.e, 9.f in arbitration.
c. Small claims court instead of arbitration is an option. Either DIRECTV or You can elect to have a claim heard in small claims court instead of arbitration, so long as the claim isn’t removed or appealed to a court of general jurisdiction.
d. Information required before beginning arbitration. Before You or DIRECTV start an arbitration, that person must first send the other a complete Notice of Dispute (“Notice”). A form Notice containing all required information can be found at directv.com/arbitration-forms. BEFORE ARBITRATION CAN BEGIN, ALL INFORMATION REQUESTED IN THE FORM MUST BE PROVIDED, WHETHER YOU USE THE FORM OR NOT, AND THE PARTIES MUST COMPLY WITH SECTION 9.e “Time to resolve the claim”. You must mail the Notice to: DIRECTV, LLC c/o CT Corporation, 1209 Orange Street, Wilmington, DE 19801. If We want to bring an arbitration against You, We will mail the Notice to You at your billing address on file.
e. Time to resolve the claim. Whoever sends the Notice must give the other 60 days from the date the Notice is received to investigate and try to settle the claim. During the 60-day period (which can be extended by agreement), either You or DIRECTV may request a phone call or videoconference to discuss individual resolution at a mutually agreeable time (which can be after the 60-day period). You and a DIRECTV representative must personally participate in this phone call or videoconference, unless otherwise agreed in writing. Your and Our lawyers (if any) also can participate. Any applicable statute of limitations and contractual limitations period will be tolled for the claims and requested relief in the Notice during this 60-day period (and during any agreed extension of that period).
f. Beginning arbitration. Information about arbitration (and how to start one) is available at www.adr.org/support and www.directv.com/arbitration-information. You must send a copy of Your arbitration demand to the address in Section 9.d “Information required before beginning arbitration”. YOU CANNOT BEGIN ARBITRATION if You skip any of the requirements of Sections 9.d “Information required before beginning arbitration” and 9.e “Time to resolve the claim”: (1) providing a Notice with ALL required information; (2) providing 60 days to assess Your claim; and (3) if requested, personally participating in a call or videoconference about resolving Your claim. We also must follow these steps before bringing an arbitration against You. The party initiating arbitration and their counsel must provide a certification of compliance with these requirements to the American Arbitration Association (“AAA”) with the demand for arbitration. A court can enjoin the filing or prosecuting of an arbitration if any of these requirements aren’t met. Unless prohibited by law, the arbitration provider shall not accept or administer arbitration unless these requirements are met. The party submitting the demand for arbitration (and their counsel, if represented) certifies that they have complied with the requirements of Federal Rule of Civil Procedure 11(b), including that the claim and relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose all relief available under the AAA Rules (defined below), Federal Rule of Civil Procedure 11, and applicable federal and state laws against represented parties and their counsel.
g. Arbitration procedures. The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this Section 9 “Dispute Resolution” and administered by the AAA. If the AAA can’t or won’t administer the arbitration in accordance with this Section 9 “Dispute Resolution”, We’ll agree to another administrator (or ask a court to pick one if DIRECTV and You can’t agree) that will do so. That determination is final, and You and We agree that neither a court nor an arbitrator shall have the authority to revisit it. Unless DIRECTV and You agree otherwise, any hearings will take place in the county (or parish) of Your billing address. The arbitrator can award the same damages and relief that a court can award under applicable law. An arbitrator’s ruling is not binding in any proceeding involving another customer. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
h. Arbitration fees. We will pay all costs of any arbitration We initiate. If You initiate arbitration, the AAA Rules will govern payment unless applicable law requires a different allocation of fees for this arbitration provision to be enforceable. If You can’t pay Your share of the AAA fees, DIRECTV will consider a request to pay them for You. You or DIRECTV may engage with the AAA around fee reductions and deferred payments. You and DIRECTV agree that arbitration should be efficient and cost-effective for all parties.
i. Individual Relief; Class Action Waiver; Jury Trial Waiver. DIRECTV AND YOU AGREE THAT EACH MAY BRING OR ASSERT CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION AND IN COURT. The arbitrator may award relief (including damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only the extent necessary to provide relief warranted by that party’s individual claim. Further, unless DIRECTV and You agree otherwise, the arbitrator may not consolidate claims or preside over any form of representative, class, or private attorney general proceeding or otherwise award relief affecting other customers. If any of these prohibitions is unenforceable as to a particular claim or request for relief (e.g., injunctive relief), then that claim or request for relief shall be decided by a court after all other claims are arbitrated. Notwithstanding the foregoing, DIRECTV and You retain the right to participate in a class-wide settlement. To the maximum extent permitted by law, DIRECTV and You waive the right to a jury trial.
j. Resolving mass arbitration filings. If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel and seek to file arbitrations (and You are one of the claimants), You agree to this staged process. You agree to this process by choosing to participate in a mass arbitration and understand that the adjudication of Your claim might be delayed and ultimately proceed in court. In the first stage, each side shall each select 50 cases (100 cases total) to be filed in arbitration and resolved individually by different arbitrators selected in accordance with Section 9.g “Arbitration procedures”. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, or demand payment of fees for arbitrations commenced in violation of this Section 9.j “Resolving mass arbitration filings”. If there are fewer than 100 cases total, then all shall proceed individually. If a case is withdrawn prior to the issuance of an arbitration award, then another claim shall be selected to proceed in its place as part of this stage. The arbitrators are encouraged to resolve the cases as swiftly as possible consistent with fairness to the parties. After the conclusion of the first stage of 100 arbitrations, both sides will participate in a global mediation session of all remaining claims with a retired federal or state court judge, and We will pay the mediator’s fee.
If the parties can’t agree how to resolve the remaining claims after the conclusion of the first stage of proceedings and mediation, the process will be repeated (consistent with the parameters set forth above), with a second stage of 100 cases per side (200 cases total) to be filed in arbitration and resolved individually by different arbitrators selected in accordance with Section 9.g “Arbitration procedures”. If a case is withdrawn prior to the issuance of an arbitration award, then another claim shall be selected to proceed in its place as part of this stage. After the conclusion of this second stage of 200 arbitrations, both sides will participate in a second global mediation session of all remaining claims with a retired federal or state court judge, and We will again pay the mediator’s fee.
If any claims remain after the second stage mediation, each remaining claim shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement, including Section 9.i “Individual Relief; Class Action Waiver; Jury Trial Waiver”. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all the remaining claims in individual arbitrations consistent with the second stage process (except cases shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually agreeable process.
If this Section 9.j “Resolving mass arbitration filings” applies to a Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for staged proceedings until that Notice is selected for a staged proceeding, withdrawn, opted out of arbitration, or otherwise resolved. A court will have the authority to enforce this Section 9.j “Resolving mass arbitration filings”, including by enjoining the mass filing, prosecution, or administration of arbitrations or the assessment or collection of AAA fees. Section 9.j “Resolving mass arbitration filings” and each of its requirements are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that Section 9.j “Resolving mass arbitration filings" applies to Your claim and is not enforceable, then Your claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement, including Section 9.i “Individual Relief; Class Action Waiver; Jury Trial Waiver”.
k. If DIRECTV changes this arbitration provision. You may reject any changes We may make to Section 9 “Dispute Resolution” by sending written notice within 30 days of Your first notice of changes to the address provided above in Section 9.d “Information required before beginning arbitration”. Your written notice must include Your name, email and physical address, phone number, account number, and a statement personally signed by You that You wish to reject the changes to Section 9 “Dispute Resolution”. This is not a rejection of arbitration altogether. If You reject future changes, You agree to arbitrate under this provision.
10. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE DEVICE, INCLUDING ALL SERVICES AND APPLICATIONS ACCESSIBLE THROUGH THE DEVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE DEVICE IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE DEVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY OTHER THAN THE WRITTEN WARRANTY FOR THE DEVICE, IF ANY, PROVIDED TO THE PURCHASER OF THE DEVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE DEVICE WILL MEET YOUR REQUIREMENTS; (II) THE DEVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE DEVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE DEVICE WILL BE CORRECTED OR THAT THE DEVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE DEVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE DEVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH ANY SOFTWARE INSTALLED ON OR USED IN CONNECTION WITH THE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF THE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO THE DEVICE, LOSS OF THE DATA LOCATED ON THE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON THE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE DEVICE PROVE DEFECTIVE, OTHER THAN THE WRITTEN WARRANTY FOR THE DEVICE, IF ANY, PROVIDED TO THE PURCHASER OF THE DEVICE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
11. Limitation of Liability.EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL DIRECTV, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR USE OF OR INABILITY TO USE, THE DEVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIRECTV’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE DEVICE OR, IF YOU RECEIVED THE DEVICE AT NO CHARGE, THE AMOUNT YOU PRE-PAID FOR ANY SERVICE IN CONNECTION WITH RECEIVING THE DEVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
12. INDEMNIFICATION.You shall indemnify, defend and hold harmless DIRECTV and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following:
- Your use of the Device (including to access any Third Party Content and Services);
- Your breach of this Agreement;
- Your violation of law;
- Your negligence or willful misconduct; or
- Your violation of the rights of a third party. You will promptly notify DIRECTV in writing of any third-party claim arising out of or in connection with Your use of the Device. These obligations survive termination of this Agreement.
13. MISCELLANEOUS.
The following provisions survive termination of this Agreement:
13.1 Governing Law, Limitation on Actions.This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and DIRECTV agree that any cause of action arising out of or relating to this Agreement or Your use of the Device must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision. Otherwise, such cause of action is permanently barred.
13.2 Contact Information.You may reach DIRECTV STREAM Customer Service by calling 1-800-288-2020 to speak to a representative.
13.3 Electronic Communications.We may communicate with You about Your use of the DIRECTV STREAM device and this Agreement in the Settings section of the DIRECTV STREAM device and/or via email to the email address registered with Your DIRECTV account. You hereby consent to receive those communications and agree that any communications We send to You via the Settings section of the DIRECTV STREAM device or electronically to the email address registered with Your DIRECTV account will satisfy any applicable legal notice requirement. It is Your responsibility to notify Us of any changes to Your email address and We shall have no liability resulting from Your failure to receive any communication sent to the email address registered with Your service account unless We receive written notice from You of a change to your email address. You may update your email address at any time by going to your online account.
13.4 Severability.If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
13.5 Waiver.Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
13.6 Export Control; Lawful Use.You may not export or re-export the Device except as authorized by United States law and the laws of the jurisdiction(s) in which the Device was obtained. You represent and warrant that You are not located and will not use the Device in any country that is (a) subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You may not use the Device in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the Device, or (b) by local law, in the jurisdiction(s) in which You use the Device.
13.7 Performance or Benchmark Testing.You may not disclose the results of any benchmark test using the Device to any third party without DIRECTV’s prior written approval.
13.8 Modification or Amendment.To the extent not prohibited by law, DIRECTV may modify or amend the terms of this Agreement at any time, with or without direct notice to You, by posting a copy of the modified or amended Agreement available through the user interface of the Device and/or at att.com. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Device following the date in which the modified or amended Agreement is made available through the user interface of the Device or at att.com.
13.9 Survival.Any provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination.
13.10 Third Party Beneficiaries.Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
13.11 No Transfer by You.You may not transfer Your rights or obligations under this Agreement. Any attempted transfer by You in contravention of this Agreement shall be null and void. DIRECTV may assign this Agreement without restriction. You may not resell the Device.
13.12 Entire Agreement.This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Device and supersedes all prior or contemporaneous understandings regarding such subject matter
Third Party Terms
Open Source License Terms.The Device Software may use, incorporate, or access software that is subject to the following Open Source License Terms (“Open Source Software”) which are accessible at the links provided below and which are incorporated in this Agreement by this reference:
- Apache License, Version 2.0 : https://opensource.org/licenses/Apache-2
- The 2-Clause BSD License : https://opensource.org/licenses/BSD-2-Clause/
- The 3-Clause BSD License : https://opensource.org/licenses/BSD-3-Clause
- Common Development and Distribution License 1.0 : https://opensource.org/licenses/CDDL-1.0
- Eclipse Public License 1.0 : https://opensource.org/licenses/EPL-1.0
- The MIT License : https://opensource.org/licenses/MIT
- The Mozilla Public License Version 1.0 : https://opensource.org/licenses/MPL-1.0
- New Relic Agent License : https://docs.newrelic.com/docs/licenses/license-information/other-licenses/new-relic-agent-license For any Open Source Software licensed under the Eclipse Public License 1.0 (“EPL”), any provisions of this Agreement which differ from those of the EPL are offered solely by DIRECTV and not any other party.Source code for applicable Open Source Software may be obtained at:
- com.airbnb.android:lottie : https://github.com/airbnb/lottie-android
- com.apptentive:apptentiveandroid : https://github.com/apptentive/apptentive-android
- com.fasterxml.jackson.core:jacksoncore : https://github.com/FasterXML/jackson-core
- com.github.bumptech.glide:glide : https://github.com/bumptech/glide
- com.github.frankiesardo:autoparcel : https://github.com/frankiesardo/auto-parcel
- com.google.code.findbugs:jsr305 : https://github.com/findbugsproject/findbugs
- com.google.code.gson:gson : https://github.com/google/gson
- com.google.dagger:dagger : https://github.com/google/dagger
- com.google.errorprone:error_prone_annotations : https://github.com/google/error-prone
- com.google.googlejavaformat:googlejavaformat : https://github.com/google/google-java-format
- com.google.guava:guava : https://github.com/google/guava
- com.google.j2objc:j2objcannotations : https://github.com/google/j2objc/tree/master/annotations
- com.google.protobuf:protobuflite : https://github.com/protocolbuffers/protobuf/
- com.googlecode.juniversalchardet:juniversalchardet : https://code.google.com/archive/p/juniversalchardet/downloads
- com.intentfilter:android-permissions : https://github.com/nishkarsh/android-permissions
- com.jakewharton.rxrelay2:rxrelay : https://github.com/JakeWharton/RxRelay
- com.jakewharton:disklrucache : https://github.com/JakeWharton/DiskLruCache
- com.squareup.okhttp3:okhttp : https://github.com/square/okhttp
- com.squareup.okio:okio : https://github.com/square/okio
- com.squareup.retrofit2:convertergson : https://github.com/square/retrofit/tree/master/retrofit-converters/gson
- com.squareup.retrofit2:retrofit : https://github.com/square/retrofit/tree/master/retrofit
- com.squareup:javapoet : https://github.com/square/javapoet
- de.akquinet.android.androlog:androlog : https://github.com/akquinet/androlog
- de.ruedigermoeller:fst : https://github.com/RuedigerMoeller/fast-serialization
- io.reactivex.rxjava2:rxandroid : https://github.com/ReactiveX/RxAndroid
- io.reactivex.rxjava2:rxjava : https://github.com/ReactiveX/RxJava
- io.rollout.rox:roxandroid : https://javalibs.com/artifact/io.rollout.rox/rox-android
- io.rollout.rox:roxjavacore : https://javalibs.com/artifact/io.rollout.rox/rox-java-core
- javax.annotation:javax.annotationapi : https://github.com/javaee/javax.annotation
- javax.inject:javax.inject : https://github.com/javax-inject/javax-inject
- org.apache.commons:commonslang : https://github.com/apache/commons-lang
- org.codehaus.mojo:animalsnifferannotations : https://github.com/mojohaus/animal-sniffer
- org.eclipse.paho:org.eclipse.paho.client.mqtt : https://github.com/eclipse/paho.mqtt.java
- org.greenrobot:eventbus : https://github.com/greenrobot/EventBus
- org.jetbrains.kotlin:kotlinstdlib : https://github.com/JetBrains/kotlin
- org.jetbrains:annotations : https://github.com/JetBrains/java-annotations
- org.objenesis:objenesis : https://github.com/easymock/objenesis
- org.reactivestreams:reactivestreams : https://github.com/reactive-streams/reactive-streams-jvm