SLING MEDIA, INC. -- WEBSITE TERMS OF USE

These Website Terms of Use ("Terms of Use") govern your access to and use of Sling Media's website (the "Site"), any information, text, graphics, or other materials appearing on the Site (the "Content"), and any services provided through the Site (the "Services"). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content or Services, you agree to be bound by these Terms of Use.

 

Modification of Terms of Use

You acknowledge and agree that Sling Media may revise these Terms of Use from time to time. By continuing to access or use the Site, Content or Services after Sling Media makes any such revision, you agree to be bound by the revised Terms of Use.

 

Privacy

See Sling Media's Privacy Policy for information and notices concerning Sling Media's collection and use of your personal information.

 

Registration and Passwords

Some Services or areas of the Site may require you to register. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least [18] years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Sling Media of any unauthorized use of your password. Sling Media reserves the right to refuse providing Services or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

 

Your Use of the Content

You may only use the Site, Services or Content for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Site and Content made available through the Site may contain links to other websites that are completely independent of Sling Media. Sling Media makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such websites. Under no circumstances will Sling Media be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content.

 

Sling Media Property

All right, title, and interest in and to the Site, Content and Services are and will remain the exclusive property of Sling Media and its licensors. The Site, Content and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content or Services on or in connection with any other website, for any purpose.

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You will not claim that any use of such communications or materials by Sling Media violates your rights, including moral rights, privacy rights, proprietary or other property right. Any materials submitted by you to the Site may be adapted, broadcast, changed, copies, disclosed, licensed, performed, posted, published or sold by Sling Media. Sling Media may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send or feedback you provide to Sling Media.

 

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

* Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
* Access, tamper with, or use non-public areas of the Site, Sling Media's computer systems, or the technical delivery systems of Sling Media's providers;
* Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
* Attempt to access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Sling Media or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
* Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services; or
* Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.

Sling Media will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Sling Media may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Sling Media has no obligation to monitor your access to or use of the Site, Content and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content and Services will automatically terminate. Sling Media reserves the right to revoke your access to and use of the Site, Content and Services at any time, with or without cause. Sling Media also reserves the right to cease providing or to change the Site, Content or Services at any time and without notice.

The Site is Available "AS-IS"

THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLING MEDIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SLING MEDIA MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SLING MEDIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

 

Indemnity

You agree to defend, indemnify, and hold harmless Sling Media, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content or Services, or your violation of these Terms of Use.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SLING MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SLING MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SLING MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SLING MEDIA WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF SLING MEDIA TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SLING MEDIA FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLING MEDIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

 

Waiver

The failure of Sling Media to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.

 

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Sling Media and you regarding the Site, Content and Services, and these Terms of Use supersede and replace any prior agreements between Sling Media and you regarding the Site, Content and Services.

 

Contact

If you have any questions about these Terms of Use, please contact Sling Media at info@slingmedia.com.