Terms of Service

These Terms and Conditions of Service ("Terms") govern your access and use of ConnecTV (the "Service"), including the ConnecTV Application (the "App"), the ConnecTV Web Site (the "Site"), and any information, text, graphics, photos, video, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). Your access to and use of the Service is conditioned on your acceptance without modification of and compliance with all of the terms and conditions contained herein. By accessing or downloading the App, accessing or using the Site, or otherwise using any part(s) of the Service, You agree to be bound by all the terms and conditions contained herein. If you do not agree to all of the terms and conditions contained herein, you may not use or access any part of the Service.

The Service, App and Site are provided for your personal non-commercial use only.

By accessing or using the Service, App or Site, you are representing and warranting that: (1) you reside in the United States; and (2) you are either (a) at least the legal age of majority in your jurisdiction of residence or (b) if you are a minor, you are at least 13 years of age and have your parents' or legal guardians' consent to use the Service, App and Site. You further represent and warrant that you own or have authorization by the owner to use the computer, mobile device, tablet, or other device you use to access the Service, Site or App and that you will use and access the Service in accordance with this agreement.

ACCESS

Subject to your compliance with the terms and conditions of this agreement, You are granted a limited, nonexclusive, nontransferable, royalty-free license to download and install the App and to access and use the Service solely for your personal, non-commercial use. ConnecTV reserves any and all rights not expressly granted to you pursuant to this agreement. The limited rights granted to you to download and install the App and access and use the Service comprise a limited license and do not constitute the sale of any software program. Our Service is not available on all operating systems. In order to access our Service, Site or App you must have a compatible device and access to the Internet. By using and accessing our Service, you agree that your device and/or software does not tamper, interfere with or disturb the functionality, delivery or operation of our Service, including our App and Site. If it is believed that Your device, equipment or software is causing a disturbance to or interference with our Service, ConnecTV reserves the right to disconnect said equipment or software from our service and to suspend, terminate, or restrict your further use of the Service. You expressly agree to abide by all applicable law and regulations in connection with your use of our Service.

RESTRICTIONS

You shall not do any of the following:

• Use the Service on behalf of any third party or for any commercial purpose;
• Reverse engineer, decompile or reverse assemble the Service or any part of it, or otherwise attempt to discover any Service source code or underlying proprietary information;
• Tamper, interfere or disturb the Service's functionality, operation or delivery;
• Assign, sublicense, transfer or convey the rights granted to You pursuant to this Agreement to any other person, entity or organization;
• Interfere or attempt to interfere with the proper working of the Service;
• Take any action that imposes an unreasonable load on the infrastructure of the Service or ConnecTV's systems or networks;
• Modify or copy the materials;
• Remove any copyright or other proprietary notions from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

ACCOUNT

When you create your account, you are required to provide accurate and complete information during the registration process. You are solely responsible for the activity that occurs on your account and are also responsible for maintaining the confidentiality of your account and password. You must notify ConnecTV immediately of any unauthorized use of your account and agree that ConnecTV is not liable for any losses caused by any unauthorized use of your password and/or account. ConnecTV reserves the right to suspend or terminate your account, use and access of the Service, including the App and Site, if you are engaged in fraudulent activity, breach the terms of this agreement, or for any other reason ConnecTV deems necessary. You shall not use or access anyone else's account without that user's express authorization. You shall not use a User ID: (1) that is subject to the rights of another person without permission; (2) with the intent to impersonate another person, entity or organization; or (3) that is inappropriate, offensive, obscene, profane or vulgar. In it's sole discretion, ConnecTV reserves the right to cancel and/or refuse account registration.

WARRANTY DISCLAIMER

ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDED IN OR AVAILABLE THROUGH OUR SERVICE, WEBSITE, OR APP, ARE PROVIDED ON AN "AS IS" BASIS. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND. SPECIFICALLY, CONNECTV MAKES NO REPRESENTAITONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE CONTENT, INFORMATION OR MATERIAL PROVIDED IN CONNECTION WITH THE SERVICE OR THE OPERATION OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONNECTV DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MECHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT: (1) THE CONTENT ON OUR SERVICE, APP OR SITE IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT; (2) THE SERVICE, APP OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR WILL BE UNINTERRUPTED; (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) THAT THE SERVICE AND CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICE, APP AND SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WIHTOUT LIMITATION PEROSNAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE USE OR ACCESS OF THE SERVICE, APP OR SITE. CONNECTV IS NOT RESPONSIBLE FOR ANY INABILITY TO ACCESS OR USE THE SERVICE, APP OR SITE.

Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the extent of ConnecTV's liability will be the minimum permitted by law.

LIMITATION OF LIABILITY

In no event shall ConnecTV, its (direct or indirect) owners, and their respective beneficiaries, trustees, parents, shareholders, affiliates, officers, directors, employees, agents and advisors be liable under any legal or equitable theory with respect to the Service for (1) any special, indirect, incidental, punitive, or consequential damages; (2) any lost or imputed profits arising out of or relating to the Service or this agreement; and (3) any direct damages in excess of (in the aggregate) $100. These limitations of liability shall apply regardless of the form of action; even if ConnecTV has been advised, or knew or should have know, of the possibility of any such loss or damage.

INDEMNIFICATION

You agree to indemnify, release, defend and hold harmless ConnecTV, its (direct or indirect) owners, and their respective beneficiaries, trustees, parents, shareholders, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, actions, liabilities, losses, demands, damages, costs and expenses (including reasonable attorney's fees and costs), proceedings, judgments, awards executions and liens, relating to or arising any way from: (1) your use or misuse, installation or download of the Service, App or Site (2) your access to any part of the Service (3) your User Submissions; (4) or your breach of any provision of this agreement.

REVISIONS/CHANGES

ConnecTV reserves the right, at its sole discretion, to modify or change any of these Terms of this Agreement at any time. In the event of a material change to the Terms of this Agreement, ConnecTV will notify you by sending a notice to the primary email address specified in your ConnecTV account or by placing a notice on our Site. Regardless of whether you have received notice of changes to this Agreement, your continued use of our Service, Site or App constitutes your agreement to the revised Terms. You should periodically check the Site for updates.

LINKS, ADVERTISEMENT AND THIRD PARTY SITES

The Service provides advertisements and links to other third party websites over which we have not control. We cannot be held responsible for those websites or any of its content. You acknowledge that you access these websites entirely at your own risk.

PROMOTIONS

Certain services or features, such as promotions, sweepstakes & games, are governed by additional terms and rules presented in conjunction with those services or features. By accessing or using those services or features, you agree to be bound by the additional terms and rules relating to those services or features.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. The state and federal courts located in San Francisco, California shall be the exclusive forum for any disputes relating to this Agreement. You hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses.

PRIVACY POLICY

The federal government and technology industry have developed practical tips to help you guard against Internet fraud, secure your computer, and protect your personal information.

How ConnecTV Uses Your Personal Information

This policy covers how ConnecTV treats personal information that ConnecTV collects and receives, including information related to your past use of ConnecTV products and services. Personal information is information about you that is personally identifiable (like your name, address, email address, zip code, or phone number) and that is not otherwise publicly available.

This privacy policy only applies to ConnecTV

This policy does not apply to the practices of companies that ConnecTV does not own or control, or to people that ConnecTV does not employ or manage.

INFORMATION COLLECTION AND USE

General

ConnecTV uses automatic or passive methods to identify, record, and store your television viewing history. This is an automatic check-in process through audio verification of your television program. Shows are identified by using audio recordings of your shows, matching them with stored show information, and then delivering content to your connected device. No audio recordings are kept on our servers and we are not able to replay or recreate the original recordings used to identify your shows. Only shows identified while you are using ConnecTV are identified and recorded.

ConnecTV may collect personal information when you register, when you use ConnecTV products or services, when you visit ConnecTV pages or the pages of certain ConnecTV partners, and when you enter promotions or sweepstakes hosted by ConnecTV or its partners. This information includes, but may not be limited to preferences, interests, friends, contacts, comments, email addresses, social network account details, and TV viewing history. ConnecTV may combine information about you that we have with information we obtain from business partners or other companies.

ConnecTV automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the pages you request.

ConnecTV uses information for the following general purposes to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. Any information, ideas, suggestions, or opinions you share in ConnecTV chat rooms, blog comments, or forums becomes public information and may not be subject to the other protections inherent in this policy.

Children

ConnecTV does not target its Service, App or Site to users under 13 years of age.

INFORMATION SHARING AND DISCLOSURE

ConnecTV does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

• We provide the information to trusted partners who work on behalf of or with ConnecTV under confidentiality agreements. These companies may use your personal information to help ConnecTV communicate with you about offers from ConnecTV and our marketing partners. However, these companies do not have any independent right to share this information.
• We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing ConnecTV to collect and use their child's information without consenting to ConnecTV sharing of this information with people and companies who may use this information for their own purposes.
• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
• We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ConnecTV's terms of use, or as otherwise required by law.
• We transfer information about you if ConnecTV is acquired by or merged with another company. In this event, ConnecTV will notify you before information about you is transferred and becomes subject to a different privacy policy.

ConnecTV may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria; for example, women ages 18-24 from a particular geographic area.

• ConnecTV does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
• ConnecTV advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
• While using ConnecTV, you may see content created by media partners or other users that may reveal the outcome of a show you are watching, thus "spoiling" the ending. ConnecTV is not responsible for your entertainment experience being spoiled by information you see on our service. This includes network, cable, and pay-per-view broadcasts you may connect to while using ConnecTV.
• By clicking on advertisements hosted by ConnecTV platform, you may be directed to other sites, videos, or programming. If you click on an advertisement that directs to a store, transaction, or service, ConnecTV may share personal information (including contact information, financial information--including credit card or stored account numbers). All transactions on a third-party site are subject to that party's policies and business practices.

COOKIES

ConnecTV may set and access ConnecTV cookies on your computer.

ConnecTV lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to ConnecTV's cookies.

CONFIDENTIALITY AND SECURITY

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

REFERRAL OR SHARING PROCEDURES

If you provide ConnecTV with the login credentials for a social site (including, but not limited to, Facebook, Twitter, Google+, LinkedIn, or other site), you consent to allow ConnecTV to share and obtain information about your profiles from those sites. ConnecTV may share content from the ConnecTV service with other social platforms. Social data may also be shared from the third-party platforms with ConnecTV, including "likes" comments, friend invitations, lists, or other social data.

We may allow you to chat, invite, share, and refer friends to the ConnecTV service. This is a privilege that is given to individuals and accounts. ConnecTV reserves the right to remove this privilege or terminate access to the ConnecTV set of social features at any time, for any reason.

In the event you refer friends, ConnecTV reserves the right to collect, record, and use the contact information (including name, email, address, telephone, or other information) for any and all individuals or accounts you share through our social or referral features. ConnecTV reserves the right to use your identification information (email, name, Facebook credentials, Twitter account profile, and other contact or profile details) to solicit a response from your contacts.

By using social networking methods to invite, share, or check in using the ConnecTV application, you will be subject to the third-party's Terms of Service and Privacy policies.

CHANGES TO THIS POLICY

ConnecTV may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your ConnecTV account or by placing a prominent notice on our site.