AT&T Broadband TV

AT&T Broadband TV/MobiTV® Terms of Service and End-User License Agreement

The AT&T Broadband TV service (the “Service”) is a service brought to you by MobiTV, Inc. ("MobiTV") , together with our partner AT&T Internet Services, that enables you to receive audiovisual content on computers and other electronic devices. The Service is provided to you "AS IS," subject to the terms and conditions of this AT&T Broadband TV Terms of Service and End-User License Agreement (the "Agreement").

PLEASE READ THIS AGREEMENT IN FULL BEFORE DOWNLOADING THE SOFTWARE (AS DEFINED BELOW) OR USING THE SERVICE. YOUR USE OF THE SOFTWARE AND THE SERVICE SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SOFTWARE OR SERVICE.

Definition. "Software" means any computer software, in executable code form, owned by MobiTV (or software owned by third parties, which MobiTV has the right to distribute or sublicense) and either pre-loaded on your computer or other electronic device at the time of manufacture or downloaded (or otherwise furnished) to your computer or other electronic device by MobiTV , AT&T Broadband TV, or an authorized third party.
Limited License. Subject to the terms and conditions of this Agreement, MobiTV hereby grants to you a nonexclusive, nontransferable, non-sublicenseable license within the United States, its territories and possessions, to use, the Software on the device upon which the Software was originally installed, and solely for purposes of accessing the Service for your personal use.
Restrictions on Use. You may not create or use any software other than the Software provided by MobiTV to access the Service, without the express written authorization of MobiTV. You may not use the Software to access the Service outside of the United States, its territories and possessions. You may not modify, reverse engineer, decompile or disassemble the Software. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of MobiTV. You may not block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute part of the Software and Service. You may not incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product that communicates, access, or otherwise connects with any other wireless video service. You may not access or view the Fox News channel unless you are accessing the Service over a broadband connection provided by AT&T Internet Services or an AT&T affiliate. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
Ownership. The Software is licensed to you, not sold. MobiTV and its licensors retain exclusive ownership of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights worldwide, in and to the Service and the Software (including any corrections, bug fixes, enhancements, updates or other modifications thereto). There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved.
Your Representations. You represent and warrant that you will use the Software and Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any laws, rules, regulations or ordinances, including without limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or U.S. export control laws. You further represent and warrant that you will not use the Software or the Service to violate any right of MobiTV , AT&T or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.
Other Agreements: Charges for the Service. In addition to the terms and conditions set forth in this Agreement, you agree and acknowledge that your use of the Service is subject to your internet service provider's terms and conditions and the terms and conditions of any third party that is authorized to distribute the Service on MobiTV's behalf ("Third-Party Distributor"). Please consult your rate plan and agreement with your internet service provider to determine if the Service is included in your rate plan, or if other charges may apply. You are responsible for paying all fees charged by your internet service provider and by any Third Party Distributor in connection with your access to and use of the Software and the Service.
Privacy Policy. MobiTV and AT&T each believe strongly in protecting user privacy and providing you notice of collection and use of data, including personally identifying information. To learn about MobiTV's information collection and use practices and policies for the Service, please refer to the MobiTV Privacy Policy. To learn more about AT&T's information collection and use practices and policies, please refer to the AT&T Privacy Policy.
Third Party Content. In the course of using the Service, you may access content and services provided by third parties. Neither AT&T nor MobiTV are responsible for the content, products, materials, or practices of any third-party. You understand that by using the Service you may be exposed to content that you find offensive, indecent or otherwise objectionable. Neither AT&T nor MobiTV make any warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party content or services accessible from the Service.
Subscriptions and Payment Terms. By accepting these standard terms, you authorize MobiTV to automatically bill the credit or debit card ("Payment Card") you have provided until you cancel this subscription. Your Payment Card will be billed in advance for the monthly subscription fee, plus any applicable tax, beginning on the date you subscribe plus any applicable free trial period (which shall be the beginning of your billing cycle), and, as applicable for monthly subscriptions, every anniversary day per month thereafter until you cancel your subscription or it is otherwise terminated. You agree to provide MobiTV with valid, accurate and up-to-date Payment Card and contact information. Failure to comply may result in the immediate termination of this subscription. You agree to notify MobiTV regarding any billing issues or disputes within 90 days after they have been charged. If any issues or disputes are not brought to MobiTV's attention within this term, you waive your right to dispute them. Except as expressly set forth below, all subscription fees are nonrefundable and there are no refunds or credits for partially used monthly periods. If you want to use a different Payment Card or if there is a change in your Payment Card information, you can update your account by calling our Customer Service at 1-877-795-5300. If your Payment Card expires or otherwise becomes invalid, you remain responsible for any uncollected amounts until you cancel your subscription as set forth below or MobiTV cancels your subscription. MobiTV reserves the right to cancel accounts that remain unpaid at any time.

Automatic Renewal
Monthly subscription accounts will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax to the Payment Card you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before the beginning of the next billing cycle in order to avoid billing of the next month's subscription fees to your Payment Card.

Cancellation
You may cancel your subscription at any time by calling our Customer Support at 1-877-795-5300. Cancellation shall be effective immediately but, except as set forth below, if you cancel during your billing cycle we do not provide any refund or credit for the remainder of such cycle.

Free Trials
MobiTV may offer free trials for new subscribers for a maximum period set by MobiTV and AT&T . Free trials are only available to first time customers of the Service and cannot be combined with any other offer. Free trials may contain different content than the content available to paying subscribers. Only one free trial may be redeemed per device. You must provide a valid Payment Card to redeem a free trial offer. Upon registering for your free trial, your Payment Card will be charged a nominal amount for verification purposes, however, such amount shall be credited back after such verification. We will begin billing your Payment Card for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. You must cancel prior to the end of your free trial offer to avoid charges to your Payment Card. MobiTV may also offer special trials through various coupons. Details regarding such programs shall be as set forth in the coupon, or if not stated, than these terms shall apply.

Refunds
During the initial 30 days of your subscription, you may cancel the subscription and we will credit your Payment Card for the amount initially billed. After the initial 30 days all fees are nonrefundable. This limited refund right is available to first time customers only.

MobiTV's Right to Terminate or Modify Terms
MobiTV may modify the terms of its subscriptions, including but not limited to the price, content or nature of the subscription, upon notice to you. MobiTV may terminate your subscription at any time upon notice to you, provided that you will be entitled to receive the subscription for any period for which you have already paid, or receive a pro-rated refund (to be determined at MobiTV's sole discretion). MobiTV may provide notice by publishing the changes on its web site. Upon any termination of your subscription (whether by you or MobiTV), you shall discontinue use of the MobiTV Service immediately upon completion of any period for which you have already paid. Your obligation to pay accrued charges and fees shall survive any termination of your subscription.

Confidentiality
You are responsible for maintaining the confidentiality of your password and you agree to notify MobiTV immediately of any unauthorized account use. MobiTV is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
Termination. Should you breach this Agreement, your right to use the Software and the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply providing notice and discontinuing use of the Software and the Service. In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 3 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.
Disclaimer of Warranty. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE AND THE SERVICE (INCLUDING ANY INFORMATION OR CONTENT THAT YOU MAY ACCESS THROUGH THE SERVICE AND ANY INSTALLATION OF AN ICON ON YOUR DESKTOP TO ACCESS THE SERVICE) ARE (A) TIMELY, SECURE, UNINTERRUPTED, ACCURATE, OR ERROR-FREE, (B) FREE OF DEFECTS, (C) VIRUS FREE, (D) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NEITHER MOBITV NOR AT&T SHALL HAVE ANY LIABILITY WITH RESPECT TO USE OF THE SOFTWARE OR THE SERVICE.
Limitation of Liability. NEITHER MOBITV, AT&T, OR EITHER'S EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, DIRECTORS, NOR AGENTS NOR ANY MANUFACTURERS OF THE DEVICE UPON WHICH YOU RECEIVE THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE (INCLUDING ANY INSTALLATION OF AN ICON ON YOUR DESKTOP TO ACCESS THE SERVICE) OR SOFTWARE, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH PARTIES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. You agree to defend, indemnify, and hold harmless MobiTV and AT&T, including subsidiaries and affiliates, and each of their subsidiaries, affiliates, officers, directors, employees, distributors, suppliers, licensors and agents, and the manufacturers of the device upon which you receive the Service from and against any claims, actions or demands, including without limitation reasonable attorneys' fees, made by any third party due to or resulting from your violation of this Agreement.
Trademarks. MobiTV and the MobiTV logo are trademarks, service marks and/or registered trademarks of MobiTV, Inc. in the United States and in other countries. AT&T and AT&T Broadband TV and the related logos are trademarks, service marks and/or registered trademarks of AT&T Knowledge Ventures or an AT&T affiliate. All other trademarks not owned by MobiTV or AT&T or their Affiliates that appear in the Service are the property of their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of MobiTV, AT&T, or any other third party, including those referenced above. All customer data collected through the Service registration process constitutes confidential and proprietary business records of MobiTV and AT&T and/or their suppliers or service providers.
Injunctive Relief. You acknowledge that the Software contains MobiTV's proprietary and confidential information, and that disclosure of such information or misuse of the Software will give rise to irreparable injury to MobiTV, inadequately compensable in damages. Accordingly, MobiTV may seek and obtain injunctive relief against the breach or threatened breach of your obligations under this Agreement, in addition to any other legal remedies that may be available.
Applicable Law. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising under this Agreement shall reside in the federal and state courts in Alameda County, California.
General Provisions. This Agreement and the use of the Software and Service is personal to you, and you may not transfer, assign or delegate this Agreement to anyone without the express written permission of MobiTV. The waiver of any breach or default, or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between you, MobiTV and AT&T with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention.