Copy Protection, Privacy, and the TiVo Service
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commercial use and that the TiVo service or the TiVo Desktop
application will not be used for Third Party Content to be copied or
displayed before a public audience without authorization from the
appropriate rights holder. Unauthorized copying or distribution of
copyrighted works may constitute an infringement of the copyright
holders' rights. TiVo reserves the right to terminate the accounts of users
of any TiVo service or software who infringe the copyrights of others.
In addition, steps intended to defeat or bypass security measures which
are designed to prevent infringement of copyrighted works may be
illegal under U.S. law or comparable foreign laws. TiVo reserves the
right to terminate the TiVo service accounts of users who develop or use
any method to defeat or bypass such security measures and to take any
other necessary or appropriate action to prevent infringement of
copyright holders’ rights.
6 Changes to Your TiVo Service. TiVo may at its discretion and from
time to time change, add, or remove features and functionality of the
TiVo service or the TiVo DVR without notice. If you are dissatisfied
with any such changes to the TiVo service, you may immediately cancel
your use of the TiVo service as provided in Section 14 (“Termination of
Service”). TiVo reserves the right to discontinue one, some, or all of the
features of the TiVo service you receive at any time at its discretion.
TiVo may at its discretion discontinue the provision of software updates
to certain TiVo DVRs. This means that while other TiVo DVRs may
receive continued software updates and functionality; TiVo is not
required to provide such updates to your TiVo DVR. Additionally, the
level of service TiVo provides may not be the same on each TiVo DVR;
a given TiVo DVR may support different features and functionality, and
TiVo is under no obligation to provide all features and functionality to
your TiVo DVR.
ACTIVATING AND USING THE TIVO SERVICE
7 Eligible Subscribers. You must be at least 18 years of age to assume
the responsibilities of this Agreement. Minors may use the TiVo service
only if one of their parents or legal guardians assumes the
responsibilities of this Agreement and thereby assumes full
responsibility for the minor's use of the TiVo service.
8 Subscription Fees and Service Commitment. You agree to pay your
subscription fee in advance. Your subscription fee will cover the TiVo
service received via a TiVo DVR authorized by TiVo to enable the TiVo
service. You have a choice of subscription payment options that may
change over time. TiVo reserves the right to discontinue any
subscription payment option at any time without notice. You may
switch payment options at the end of each period. If for any reason you
need to reactivate your subscription, you may be charged a reactivation
fee. If you are signing up for the TiVo service under a promotional
subscription fee, some additional restrictions may apply. If you have
multiple TiVo service subscriptions under the same account
information, additional terms and conditions may apply. Whatever your
subscription payment option, your subscription fee does not include any
services, features or functionality other than the TiVo service. WITH
RESPECT TO ANY NEW TIVO SERVICE SUBSCRIPTION
ACTIVATED ON OR AFTER SEPTEMBER 6, 2005, YOU AGREE
TO SUBSCRIBE TO THE TIVO SERVICE FOR NO LESS THAN 12
MONTHS OR LONGER DEPENDING UPON YOUR SERVICE
SUBSCRIPTION PLAN (THE “SERVICE COMMITMENT”). IF
YOU FAIL TO MEET THE SERVICE COMMITMENT BY
CANCELLING YOUR SUBSCRIPTION TO THE TIVO SERVICE
(OR IF TIVO TERMINATES YOUR SUBSCRIPTION TO THE TIVO
SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU
AGREE THAT TIVO MAY CHARGE YOU THE EARLY
TERMINATION FEE AGREED TO BY YOU AT THE TIME YOU
SUBSCRIBED TO THE TIVO SERVICE, AND YOU AGREE TO
PAY ANY SUCH EARLY TERMINATION FEE.
9 Telephone Access and Possible Charges. The TiVo service is
accessed through a standard telephone line and is available as a local
call in most areas. In some areas, local and long-distance toll charges
may apply. The TiVo service may also be available through the Internet
with a broadband connection. However, TiVo does not make any
