This is a legal agreement between myTV INC and the user ("you"). Please read the following terms carefully. By clicking the "subscribe" or "buy" button, you agree to these terms of service whether or not you have read them. If you do not agree to this, you may not access or otherwise use the service. From time to time, the myTV service run by myTV INC may modify these terms of service. Accordingly, please continue to review these terms of service whenever you access or use the service. Your continued use of the service will signify your acceptance of any amended terms of service.
1. The Service
The Service consists on granting to you the access to watch a broadcast feed of the “myTV” TV service and Video on Demand content as seen on TV through your set top box. It also consists on granting access to watch as “Video on Demand” past episodes of myTV programs broadcasted on TV through your set top box. Videos will be broadcast through your set top box after purchase and could be watched many times within the validity date of the content from the payment date. The type of information which you ask myTV to send you is determined by the selections you make on the web portal maintained by myTV INC. The Service is maintained 24 hours a day, but myTV INC does not warrant that the Service will be uninterrupted or error free. You may alter or cancel your subscription to the Service or any parts of it logging on to the myTV portal under account management and requesting for the service to be deactivated. The deactivation request must be followed up by a call from a myTV Customer Service representative to verbally confirm your deactivation on the phone. This call is your responsibility to answer and you must let myTV know when is the best time to reach you and at which number. Failure to take the call or verbally confirm the deactivation will result in the service remaining to be active until such time. The deactivation call may take up to 3 days to be made; it is the user’s responsibility to request the deactivation of the service well in advance of the auto renew date. The Service is currently billed, depending on the type of content purchased. You are the only person who may choose which part of the Service you wish to use myTV will never send information to you that you have not previously requested. Many payments “Plans” are suggested and it is up to you to choose the one that responds most to your needs. All billing plans are automatically renewed at the end of each billing cycle. If you wish to stop automatic billing, you can log into your account on www.my-tv.us and deactivate the service before the end of your current billing cycle. myTV is not responsible for recurring billing that occurs automatically, because you have not deactivated the service.
2. User's Undertakings
When you register for use of the Service, you warrant that you are the legal owner of your payment media which you have used to register for the Service, or that you are otherwise authorized to incur any charges that may be made. You are responsible for all use of the Service made through your payment media. When you register for the Service, you must submit correct information regarding your identity. You agree that you shall not use the Service in order to acquire illegal material or material which in any manner violates generally accepted practices or in any other manner infringes the personal integrity of another person, encourages another person to commit or assist in a crime, or may be regarded as a threat, or to use the Service in any other manner which is not regarded as compatible with the purpose of the Service. You must use the Service in such a manner that you do not hinder or disrupt other data communications or hinder or disrupt the equipment which is used to convey and use the Service.
3. Personal Data
4. Contents of information streamed
will deliver the content that you have requested in the form of live broadcast or Videos on Demand. Consequently, myTV
is responsible for the content of any information that is streamed through your set top box. myTV
can therefore make representations or warranties as to the accuracy or reliability of the contents and accuracy of that information and ensures that you are able to use the information for the purpose intended by you. You will be made responsible for any tentative to download and reproduce by any technical, present or future mean, the delivered content. Except as expressly provided in these Terms of Services, all representations, warranties, conditions and undertakings, whether express or implied by statute, common law or otherwise in respect to the Service are hereby excluded to the fullest extent permitted by law.
5. Limitation of Liability
myTV INC's liability under this Agreement shall be limited to the charge (if any) made in respect of the message in respect of which such liability arose. myTV INC shall in no circumstances accept any liability in contract, tort (including negligence and breach of statutory duty) for:
- any loss of direct or indirect profit or business, goodwill, contracts, revenues, management time, wasted expenses, anticipated savings or loss of or damage to data or arising from loss of data; or
- any increased costs or expenses; or
- any indirect or consequential loss or damage of any nature whatsoever
Nothing in this Agreement shall affect either party's liability with respect to fraud, death or personal injury.
General notices regarding the Service are posted on www.my-tv.us
. Personal messages to you as a user of the Service will be sent to the e-mail address indicated by you as your personal e-mail address on the registration form. Messages from you to www.my-tv.us
may be sent via the heading 'Contact Us' at www.my-tv.us
. The message will be deemed to have been received by www.my-tv.us
upon confirmation of receipt by www.my-tv.us
7. Intellectual property rights
The Service is provided solely for your personal use. You may not publish copy, re-distribute or otherwise exploit any information that you receive via the Service for any commercial purpose. The Service and the Information that you receive via it contains the intellectual property rights of myTV INC or its Content Providers and you acknowledge that you acquire no license or other rights in respect of the Service, except to the extent required for your use of the Service in accordance with these Terms of Service.
myTV INC may suspend or terminate the Service at any time with immediate effect where myTV INC has good reason to believe that you have violated any of these Terms of Service. myTV INC may request that excessive users of the Service reduce their use of the Service and myTV INC may, in its sole discretion suspend your use of the Service if you do not abide by any such request. myTV INC may, in any event, be entitled to suspend its provision of the Service at any time for either routine maintenance or to terminate this agreement immediately if we receive notice that your payment was fraudulent. Termination of this Agreement for any reason shall not affect the accrued rights and obligations of either myTV INC or you, including (without limitation) the right to recover damages against the other.
9. Events outside of myTV’s control
We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of myTV INC such as (for example) defects, congestion or failures of capacity or otherwise in the public data network.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected. Any waiver, concession or extra time myTV INC may allow you is limited to the specific circumstances in which it was given. It does not affect myTV INC rights under this Agreement in any other way. Save with respect to fraudulent misrepresentation, this Agreement constitutes the entire agreement between myTV INC and you and replaces all previous written or oral agreements to the extent they remain unperformed. Any disputes arising as a consequence of this agreement shall be determined in accordance with California law and the non-exclusive jurisdiction of the California State Court.