End User License Agreement
Last Updated: January 2014
END USER LICENSE AGREEMENT: The BiggyTV website, BiggyTV mobile application and BiggyTV connected TV Applications (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. BiggyTV or its subsidiaries, affiliates, and suppliers (collectively “BTV”) own intellectual property rights in the Software Product.
The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, USER OR COPY THE SOFTWARE PRODUCT. This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users.
Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. Without first obtaining the express written consent of BTV, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. Restrictions on Use You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive. Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BTV, BTV MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. BTV makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. BTV makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. BTV WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL BTV, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BTV OR ANY OTHER PARTY, EVEN IF BTV IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BTV\’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of BTV. BTV reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If BTV is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by BTV to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold BTV harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions. Governing Law, Jurisdiction and Costs This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions. Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
BiggyTV iPhone Application
End User License Agreement
Last Updated: January 2014
This End User License Agreement (“Agreement“) is between you and BiggyTV, LLC (“BiggyTV“) and governs your use of the BiggyTV application (the “BiggyTV App“) made available through the Apple App Store. The BiggyTV App allows you to use certain aspects of BiggyTV’s service, available at www.BiggyTV.com (the “BiggyTV Service“).
- Parties. This Agreement is between you and BiggyTV only, and not Apple, Inc. (“Apple“). BiggyTV, not Apple, is solely responsible for the BiggyTV App and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
- Terms of Service. To use the BiggyTV App, you must register to become a BiggyTV member. In doing so, you must accept BiggyTV’s Terms of Service (BiggyTV Terms and Conditions of Use), which are made a part of this Agreement. Please read the Terms of Service carefully as it explains what you may and may not use the BiggyTV Service for.
- Limited License. BiggyTV grants you a limited, non-exclusive, non-transferrable, revocable license to use the BiggyTV App for your personal, non-commercial purposes. You may only use the BiggyTV App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the App Store Terms of Service.
- Music. The BiggyTV App includes certain musical tracks that it has licensed from third party musicians. BiggyTV grants you a non-exclusive, non-transferrable, royalty-free perpetual right and license to use these musical tracks in your personal videos for your own personal, non-commercial purposes. You may not use these tracks for any commercial purpose. You must also give credit to the respective musicians (e.g., “music by . . .”) if you use their musical tracks in a video. All musical tracks are property of their respective owners.
- Warranty. The BiggyTV App is provided for free on an “as is” basis. As such, BiggyTV disclaims all warranties about the BiggyTV App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, BiggyTV, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support. Because the BiggyTV App is free, BiggyTV does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, BiggyTV, not Apple, shall be obligated to furnish any such maintenance or support.
- Third Party Intellectual Property Claims. BiggyTV shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the BiggyTV App. To the extent BiggyTV is required to provide indemnification by applicable law, BiggyTV, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the BiggyTV App or your use of it infringes any third party intellectual property right.
- Product Claims. BiggyTV, not Apple, is responsible for addressing any claims by you relating to the BiggyTV App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the BiggyTV App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact Information. Should you have any questions, complaints, or claims relating to the BiggyTV App, please contact us at BiggyTV Support.