Terms Updated 10/12/2017
The following Terms of Service (“Terms”) govern your use and access to Didja and LocalBTV’s mobile applications, website, and services (collectively referred to as “Services” or “Didja” or “BayAreaBTV” or “PhoenixBTV”). By using or accessing our Services you agree to be bound by these Terms.
From time to time, we may alter and update these Terms at our sole discretion. Updates to these Terms will appear here with a new “Terms Updated” date. It is your responsibility to frequently review the Terms as your continued use of our Services confirm your acceptance of the Updated Terms.
Privacy
At Didja, we take your privacy very seriously. It is important to note that by using our Services you also agree to be bound by the terms of our Privacy Policy. We recommend frequently reviewing our Privacy Policy to ensure you understand how we collect and use information.
Content and Services
The Services include content that is protected by copyright law. By using the Services, you agree not to unlawfully copy, exhibit or distribute any copyrighted content, nor to act in any manner that violates copyright or other laws. Additionally, you acknowledge that the Services are designed to provide broadcast video only to users located within specific designated market areas, and you agree not to circumvent such restrictions.
You understand that the Services may contain links to third-party advertisers, services, products, sites, or other items. Such links are not owned or managed by the Services and if you choose to use these links you do so at your own risk.
A broadband internet connection and a viewing device compatible with the Services are required to use LocalBTV. Channels, content, availability of the Services, features and prices are all subject to change. Available plans and pricing may vary by market. Features and content availability may vary by device and location. A credit card or debit card is required to use premium features. Some programs may be subject to blackouts. Other terms and conditions apply.
Termination
You understand that we may terminate your right to use the Services at any time, without notice and at our sole discretion.
Disclaimer
THE DIDJA SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATION OR WARRANT THAT THE SERVICES WILL REMAIN SECURE OR FUNCTIONAL WITHOUT POSSIBLE DELAYS, INTERRUPTIONS, ERRORS, EXPOSURE TO VIRUSES, OR COMPLETE LOSS OF ALL CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIDJA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DIDJA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Indemnification
By agreeing to these Terms, you agree to indemnify, defend and hold harmless Didja, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “Didja Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
Governing Law and Venue
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Arbitration.
Didja Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Didja without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Didja and you regarding the Services, and these Terms supersede and replace any prior agreements between Didja and you regarding the Services. If any provision of these Terms is found by a court to be invalid or otherwise unenforceable, the parties agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.