DIRECTV Website Terms of Use
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Effective August 2023
3. CHANGES TO THE TERMS OR SITE
4. REGISTRATION, PASSWORD AND SECURITY
6. COPYRIGHT AND AUTHORIZATION
8. TRADEMARKS AND SERVICE MARKS
9. THIRD-PARTY PRODUCTS AND SERVICES
10. PRODUCT AND SERVICE INFORMATION
1. INTRODUCTION
Welcome to the Internet sites operated by DIRECTV, LLC and its affiliates and subsidiaries ("DIRECTV", "we", "our" and "us"). These Internet sites offer a wide variety of resources, products, and services, which include shopping services, branded and personalized content and entertainment services, communication tools, online directories, administrative services, download areas, advertising, games, and information (collectively “Content”), some or all of which may be accessed through a variety of means (collectively, the "Site"). The term "you" or "your" refers to anyone accessing or using the Site and includes any of your subsidiaries, affiliates, employees, and, if applicable, parent or legal guardian.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing to comply with these Terms of Use, including any documents, policies, and guidelines incorporated by reference (collectively, "Terms"). Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service (each, an “Additional Term”). These Terms do not alter any Additional Terms. To the extent that there is any conflict between these Terms and any Additional Terms relating to services you have purchased or online tools you use or to which you subscribe, the Additional Terms will govern.
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
2. AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of majority (18 in most states; 19 in AL/NE; 21 in MS) may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older or possess legal parental or guardian consent and are fully able and competent to agree to the conditions, representations, and warranties set forth in these Terms; otherwise, please exit and do not use the Site. DIRECTV suggests that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
3. CHANGES TO THE TERMS OR SITE
DIRECTV may change or modify these Terms without notice to you other than posting the amended Terms on the Site. The amended Terms will automatically become effective as of the date listed at the top of the Terms. Your continued use of our Site after any changes are made to these Terms and posted on our Site shall constitute your consent to such changes and the then-current Terms. DIRECTV reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that DIRECTV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof).
4. ACCOUNT REGISTRATION, PASSWORD AND SECURITY
Whenever you provide information to us on or through our Site, you agree to: (a) provide true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, DIRECTV may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
Portions of our Site may require you to register or open an account (“Account”). In doing so, you may be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password and, as an added precaution, change it regularly. You are responsible for maintaining the confidentiality and security of any credentials (i.e., username and password) used to access your Account, and you acknowledge and agree that you are fully responsible for all actions that occur under your Account whether such actions have been authorized by you. You agree to immediately notify DIRECTV of any unauthorized use or compromise of your password or Account or any other breach of security related to such. Without limiting any rights which DIRECTV may otherwise have, DIRECTV reserves the right to take any and all action, as it deems necessary or reasonable in its sole discretion, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. Notwithstanding the above, DIRECTV may rely on the authority of anyone accessing your Account or using your password and in no event and under no circumstances shall DIRECTV be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of DIRECTV under this provision, (ii) any compromise of the confidentiality of your Account or password and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand, acknowledge, and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches and, further, that DIRECTV makes no warranty, guarantee, or representation that use of the Site is protected from viruses, security threats, or other vulnerabilities.
5. PRIVACY POLICY
Please view our Privacy Policies, which are incorporated into these Terms and explain DIRECTV´s practices relating to the collection and use of your information through or in connection with our Site.
6. COPYRIGHT AND AUTHORIZATION
The Site provides you access to a wide variety of Content. Some of the Content is owned by DIRECTV and/or its affiliates. Other portions are owned by non-DIRECTV companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11).
Some portions of the Site may require you to download software (together with the underlying information and/or technology "Software") to access the Site, the services provided through the Site, and/or the Content. The Software may be the property of DIRECTV or a supplier, vendor, or licensor to DIRECTV. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, and/or trade secrets. Subject to the rules and limitations set forth in these Terms, you are granted a limited, revocable, non-transferrable, non-sublicensable right to access the Site, the Content, and the Software for your personal, non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such embargoed country or on any such list of prohibited individuals/entities.
7. COPYRIGHT COMPLAINTS
DIRECTV respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), under 17 U.S.C. §§ 512(b)–(d), if a copyright holder believes their work has been copied and posted, stored, or transmitted to the Site in a way that constitutes copyright infringement, such holder may send DIRECTV’s designated agent a valid notification of claimed copyright infringement. Such written notification must include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DIRECTV’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
DIRECTV Legal Department
2260 E. Imperial Highway
El Segundo, CA 90245
E-mail:
g05327@directv.com
8. TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to DIRECTV and DIRECTV STREAM), their related logos, and all related product and service names, design marks and slogans, (collectively “DIRECTV Marks”) that are used or displayed on the Site are owned by DIRECTV, LLC or by third parties other than DIRECTV that offer and provide products and services on or through the Site. The DIRECTV Marks may not be copied or used, in whole, in part, or in modified form, without the prior written permission of DIRECTV, or, if applicable, its licensor. In addition, DIRECTV custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole, in part, or in modified form, without the prior written permission of DIRECTV. You may not use any metatags or any other "hidden text" utilizing a DIRECTV Mark without DIRECTV´s prior express written consent. The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by DIRECTV is done so under license. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIRECTV.
9. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than DIRECTV may offer and provide information, products, and/or services on or through the Site, including links to other websites not operated by DIRECTV (“Third-Party Content and Services”). Except for DIRECTV branded information and products, or services that are identified as being supplied by DIRECTV, DIRECTV (i) does not investigate, monitor, operate, control, endorse, or publish; (ii) shall not be responsible for examining or evaluating; (iii) does not warrant the offerings of; (iv) does not assume any responsibility or liability for the actions, product, and/or content of; and (v) shall have no liability to you arising out of or in connection with your access to and use (or misuse) of any Third-Party Content and Services.
YOUR USE OF THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. Any links to websites for or related to Third-Party Content and Services are provided for your convenience, and the inclusion of such links on the Site does not imply affiliation, endorsement, or adoption by DIRECTV of Third-Party Content and Services or the contents therein. Access to any Third-Party Content and Services linked to or on the Site is at your own risk. Before leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content and Services. DIRECTV reserves the right, in its sole discretion, to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Site.
10. PRODUCT AND SERVICE INFORMATION
DIRECTV does not warrant that information, graphic depictions, product and service descriptions or other Content on the Site is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event DIRECTV determines that a product or service contains an inaccurate price or description, DIRECTV reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. DIRECTV may make improvements or changes to any of its content, information products, services, or programs described on the Site at any time without notice. You agree to notify DIRECTV immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site and to comply with any corrective action taken by DIRECTV.
11. ONLINE ORDERS
To protect DIRECTV and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment and/or services that may be ordered online by a single individual or entity. DIRECTV reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
12. USER SUBMITTED CONTENT
The Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow pages, job folders, or other features that allow you and other users to post message, data, image, text, photo, graphic, audio, video, or other material (“User Content”) that will be accessible by the public or the Site user population generally. With respect to any User Content you elect to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such User Content, you grant DIRECTV a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You further acknowledge that any User Content that you post or submit for posting to the Site is non-confidential and may be disclosed through the Site and to any user of the Site to access, display, view, store, distribute, perform, and reproduce. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your User Content. DIRECTV is under no obligation to post or use any User Content you may provide, and DIRECTV may remove your User Content at any time in its sole discretion. You agree that DIRECTV is under no obligation of confidentiality, express or implied, with respect to your User Content. You represent and warrant that you own or otherwise control all necessary rights to the User Content that you post, that such User Content is accurate, that use of the User Content you supply does not violate these Terms, specifically and without limitation the requirements of Section 14 (Acceptable Use), does not violate the intellectual property or privacy rights of a third party and will not cause injury to any third party. You further agree to indemnify DIRECTV for all claims resulting from any User Content you supply on or through the Site.
DIRECTV does not generally pre-screen or control User Content posted by users of the Site, and, therefore, does not guarantee the accuracy, integrity, or quality of such User Content. DIRECTV shall have the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any Content that is available via our Site for any or no reason, including any User Content that violates these Terms or is otherwise illegal or objectionable. We take no responsibility and assume no liability for any User Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter in the Content posted by third party users. As the provider of the Site, we are only a forum and are not liable for any statements, representations, or User Content provided by Site users. Any opinions, advice, or recommendations expressed therein are those of the users providing such User Content and not those of DIRECTV. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be an unpopular view, however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate statements that are harmful or inflammatory.
13. SUBMISSIONS TO DIRECTV
You agree not to propose, post, or submit to DIRECTV ideas, concepts, copy, proposals, inventions, methods, or techniques for new or proposed services or products (collectively, "Submitted Material") through the Site. In the event you do so, you hereby grant to DIRECTV a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to DIRECTV the right, at its sole discretion, 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 to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that DIRECTV is under no obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against DIRECTV for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to DIRECTV, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate, and that use of the Submitted Material you supply does not violate these Terms, the intellectual property or privacy rights of any third party, and will not cause injury to any person or entity.
14. ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct, or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the Site;
- is off-topic according to the description of the group, forum, or webpage;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes, or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services.
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any DIRECTV domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Site;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Site or Content, use of the Site, or access to the Site;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Site or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
15. SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. DIRECTV may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
16. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, DIRECTV provides this Site for use only by persons located within the United States. Certain subsidiaries or affiliates of DIRECTV only provide certain regulated telecommunications and other services in certain portions of the United States. DIRECTV makes no representation that all products, services, and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with DIRECTV provide services and operate websites in various other countries throughout the world, some of whose websites may be linked to from our Site. Any such international websites will be governed by their own terms of use and privacy policies and not by these Terms.
17. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that DIRECTV may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an Account on the Site, the maximum size of any email message that may be sent from or received by an Account on the Site, the maximum disk space that will be allotted on DIRECTV´s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow DIRECTV to store electronic communications on its servers. You agree that DIRECTV has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that DIRECTV reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that DIRECTV reserves the right to modify these general practices and limits from time to time.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
- THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN OR ACCESSED THEREBY, AND ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE THEREOF OR RELIANCE THERON IS AT YOUR SOLE RISK. TO THE EXTENT NOT PROHIBITED BY LAW, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER ORAL, EXPRESS, STATUTORY, OR IMPLIED, 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, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT.
- DIRECTV AND ITS COLLABORATORS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIRECTV OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
19. ENFORCEMENT
DIRECTV reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
DIRECTV reserves the right to investigate and prosecute any suspected or actual violations of these Terms. DIRECTV may access, use, and disclose any information as necessary or appropriate, including transaction information and any Content provided by you, to satisfy or comply with any law (e.g., a lawful subpoena), regulation, legal process, or government request, or based on DIRECTV´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of DIRECTV´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
20. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL DIRECTV, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF DIRECTV OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DIRECTV UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DIRECTV and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other Content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with DIRECTV or your use of our Site. DIRECTV reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with DIRECTV in asserting any available defenses.
22. TERMINATION/SUSPENSION
You agree that DIRECTV may immediately terminate or suspend your Account, any associated email address, and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension, or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your Account includes (or, if DIRECTV elects instead to suspend your Account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files, and other content associated with or inside your Account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in DIRECTV´s sole discretion and that DIRECTV shall not be liable to you or any third party for any termination or suspension of your Account, loss of storage, any associated email address, or access to the Site. Further, DIRECTV reserves the right, to immediately terminate or suspend your Account, any associated email address, and access to the Site at any time for any reason and without notice to you in its sole discretion.
23. MISCELLANEOUS
- Headings in these Terms are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms or the meaning and construction thereof. These Terms are to be interpreted according to their fair meanings and not strictly in favor of or against either you or DIRECTV.
- DIRECTV´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
- These Terms shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between DIRECTV and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. You must file any claim or suit related to our Site within one year after it arises.
- These Terms do not provide any third party with a remedy, claim, or right of reimbursement.
- Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
- DIRECTV may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without prior written consent of DIRECTV.