Terms and Conditions

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

myTVR ("we," or "us") provides a non-exclusive license to an online Virtual Hard disk recorder and electronic program guide (EPG). The recording suite of tools, the Video Player, and any other features, tools, applications, materials, or other services offered from time to time by myTVR in connection with its business are referred to collectively as the "myTVR platform." We provide the myTVR Platform in accordance with these Terms of Use. To access myTVR Platform you must agree to the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the myTVR Site (whether or not you are registered), you are agreeing to these Terms. Please carefully read through these Terms.

2. CHANGES TO THE TERMS OF USE BY myTVR

myTVR may amend these Terms of Use at any time by posting the amended Terms of Use on the myTVR website. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the myTVR Site.

3. ACCESS AND USE OF THE myTVR SERVICES

You must be at least 13 years of age to use the myTVR Platform.

Your License

myTVR grant you a non-exclusive limited license to use the myTVR Platform for personal use only as set forth in these Terms.

The Content

You may only use the myTVR Platform personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices including geo-filtering mechanisms. You may not either directly or through the use of any device reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any media recorded by you through the myTVR Platform. You may not incorporate any recorded material into, or stream or retransmit the Content via, any hardware or software application or make it available via any other means. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the recordings you make. The media covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials.

The Video Player

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to record or view recorded content: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

Embedding a Video Using the Video Player

You may not embed the Video Player into any hardware or software application, even for non-commercial purposes.

Ownership

You agree that myTVR owns and retains all rights to the myTVR Platform.

Your Responsibilities

Your Responsibilities. In general, you and other users must use the myTVR Platform for personal use viewing. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the myTVR Site or use the myTVR Platform in a way that:

No Spam/Unsolicited Communications

No one may use the myTVR Platform to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Downloads

In order to participate in certain MyTVR Platform features, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation

We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the myTVR Services with respect to any or all users, at any time without notice. You acknowledge that myTVR may do so in myTVR’s sole discretion. You also agree that myTVR will not be liable to you for any modification, suspension, or discontinuance of the myTVR Services.

4. PAYMENTS

The use of the myTVR Platform is not free and the platform license fees are listed on our website, if we feel it is appropriate to change the fee structure due to costs of hard disk storage space on the myTVR Platform, we will notify you. You then will have an opportunity to discontinue using the myTVR Platform. You are responsible for any costs you incur to access the internet.

5. ACCOUNTS AND REGISTRATION

If at any time you choose to license the myTVR platform or create an account with us, the additional terms and conditions set forth below also will apply. All information you submit must be accurate and updated if it changes. Please keep your password confidential. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please go to the myTVR my-account page found at the myTVR website and change your password immediately or notify us at support@mytvr.com.au as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by emailing support@mytvr.com.au. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. We reserve the right to immediately terminate your non-exclusive license of the myTVR Platform at any time, without notice or liability, if myTVR determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your non-exclusive license or your use of the myTVR Platform if such use places an undue burden on our networks or servers, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about myTVR policies and practices regarding the collection and use of your personally identifiable information, please read myTVR Privacy Policy located at http://www.mytvr.com.au. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the myTVR Site and use of the myTVR Platform on any of the Sites governed by the myTVR Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts

As part of the myTVR Platform, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the myTVR Platform enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the myTVR Platform. Moreover, you must not Post User Material that: (a) contains Unsuitable Material (as defined above in Section 3); or (b) improperly claims the identity of another person. You must not Post personally identifiable information, such as your full name, email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant myTVR the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. myTVR will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that myTVR does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to myTVR. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant myTVR a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the myTVR Platform worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to myTVR is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to myTVR), fully-paid, and royalty-free (meaning that myTVR is not required to pay you for the use of your User Material), and sub licensable (so that myTVR is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks to provide the myTVR Platform). By Posting your User Material, you also hereby grant each user of the myTVR Platform a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the myTVR Platform and under these Terms of Use.

Third Party Posts

Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. myTVR does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of myTVR. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does myTVR assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against myTVR with respect to such User Material. You must notifying us of any inappropriate User Material you find. please email legal@mytvr.com.au (subject line: "Inappropriate User Material").

8. LINKED WEBSITES AND ADVERTISING

Third Party Websites

If we provide links or pointers to other websites, you should not infer or assume that myTVR operates, controls, or is otherwise connected with these websites. When you click on a link within the myTVR Platform, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website. myTVR is not responsible for the content or practices of any website other than the myTVR Site, even if it links to the myTVR Site and even if the website is operated by a company affiliated or otherwise connected with myTVR. By using the myTVR Platform, you acknowledge and agree that myTVR is not responsible or liable to you for any content or other materials hosted and served from any website other than the myTVR Site. Advertisements. myTVR takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the myTVR Platform are between you and the advertiser, and you agree that myTVR is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

myTVR, the myTVR logo, www.mytvr.com.au, and other myTVR marks, graphics, logos, scripts, and sounds are trademarks of myTVR. None of the myTVR trademarks may be copied, downloaded, or otherwise exploited.

10. UNSOLICITED SUBMISSIONS

It is myTVR’s policy not to accept unsolicited submissions.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE MYTVR PLATFORM, YOU AGREE THAT USE OF THE MYTVR PLATFORM IS AT YOUR OWN RISK. THE MYTVR PLATFORM, INCLUDING THE MYTVR SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYTVR DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE MYTVR PLATFORM WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL MYTVR OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE " MYTVR PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MYTVR PLATFORM (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE MYTVR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE MYTVR SERVICE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MYTVR PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS. MYTVR RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the myTVR Platform, including through a link, infringes your copyright, you should notify myTVR of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which myTVR receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to myTVR‘s at legal@mytvr.com.au. You may also contact us by mail or facsimile at:

Attention: Legal
myTVR P/L
PO.Box 4128.
Balwyn East 3103 Vic
Facsimile: (03) 98163099

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the myTVR Platform that is reasonably sufficient to enable myTVR to identify and locate the material; (d) how myTVR can contact you, such as your address, telephone number, and email address; (e) 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; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to legal@mytvr.com.au or purposes other than communication about copyright infringement may not be answered. myTVR has a policy of terminating repeat infringers in appropriate circumstances.

13. GENERAL INFORMATION

International Use. myTVR's use is restricted by location. Using technologies to access the Content from other territories or locations is prohibited. Export Controls. Software and the transmission of applicable technical data, if any, in connection with the myTVR Platform are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Australia or the country in which you reside.

Choice of Law. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Victoria without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Melbourne Victoria.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at legal@mytvr.com.au, Precisely how myTVR responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon myTVR precise response with respect to one party or one situation as any indication of what myTVR might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, myTVR decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if myTVR acts in a way that appears to you to be inconsistent with these Terms of Use, myTVR action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including myTVR Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and myTVR and govern your use of the myTVR Platform (but excludes any services, if any, that myTVR may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and myTVR in relation to the myTVR Platform. These Terms may not be amended or varied except in a writing signed by myTVR. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

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