AT&T U-verse subscribers
- Access to and Use of Licensed Material
- accessing the Licensed Material by any means or for any purpose other than as part of your subscription to the AT&T U-verse television service;
- accessing data or taking any action to obtain data, information or services not intended for you or your use;
- attempting to probe, scan or test the vulnerability of any system or network of FYI or its affiliates, partners, suppliers or licensors;
- tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
- transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines, or engaging in any other conduct, that could damage, disrupt or otherwise impair or interfere with the Licensed Material or any computer or software's functionality;
- making any modification, adaptation, improvement, enhancement, translation or derivative work of the Licensed Material;
- removing, altering or obscuring any proprietary notice (including any notice of copyright or trademark) of FYI or its affiliates, partners, suppliers or licensors of the Licensed Material;
- copying, reproducing, republishing, uploading, posting, transmitting, or distributing the Licensed Material in any way without express written permission of FYI;
- using the Licensed Material for any revenue generating endeavor, commercial enterprise, or any other purpose for which it is not intended;
- defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others, including, without limitation, anyone shown, depicted or otherwise referenced in any of the Licensed Material;
- misrepresenting your identity or affiliation in any way in order to gain access to the Licensed Material or to any system or network of FYI or its affiliates, partners, suppliers or licensors;
- violating any applicable laws or regulations; or
- assisting or permitting any persons in engaging in any of the activities described above.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to FYI or to other companies where so indicated. You may not reproduce or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
- Third Party Products and Services
You acknowledge that you may obtain access to the Licensed Material from products, services, or websites created and provided by third parties, including without limitation AT&T or its affiliates, licensors or suppliers ("Third Party Products and Services"). You acknowledge that FYI does not investigate, monitor, represent or endorse the Third Party Products and Services. Furthermore, your access to and use of the Third Party Products and Services is at your sole discretion and risk, and FYI shall have no liability to you arising out of or in connection with your access to and use of the Third Party Products and Services. You acknowledge and agree that your access to and use of the Third Party Products and Services and any correspondence or business dealings between you and any third party may be governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein, and that these Terms of Service do not apply to your use of or access to the Third Party Products or Services. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, including without limitation the Third Party Products and Services, and you agree that FYI and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or damages arising or resulting therefrom. You agree that you will not use Third Party Products and Services in a manner that would infringe or violate the rights of any other party, and that FYI and its affiliates, partners, suppliers and licensors are not in any way responsible for any such use by you. You acknowledge and agree that the provision of access to the Licensed Material by, through or in conjunction with any Third Party Products and Services shall not constitute or imply any endorsement by FYI of such Third Party Products and Services.
- Jurisdictional Issues
The Licensed Material is provided by FYI from its offices within the State of Texas, United States of America. FYI makes no representation that the Licensed Material is appropriate or available for use in other locations. Those who choose to access the Licensed Material from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to Licensed Material from jurisdictions where the Licensed Material is illegal or penalized is prohibited. No Licensed Material may be accessed, used, downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Licensed Material, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Licensed Material is provided "as is" and without warranties of any kind, either express or implied. Without limiting the foregoing in any manner, you acknowledge that by accessing and using the Licensed Material, you may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that you or others may deem offensive, indecent, or objectionable; and (iii) which may or may not be identified as having explicit language. Notwithstanding the foregoing, you agree to use the Licensed Material at your sole risk and that FYI and its affiliates, partners, suppliers and licensors shall have no liability to you for Licensed Material that is found to be incomplete, inaccurate, offensive, indecent, or objectionable. To the fullest extent permissible pursuant to applicable law, FYI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FYI does not warrant that the Licensed Material and access thereto will be uninterrupted, timely or error-free, that defects will be corrected, that the server(s) that make the Licensed Material available are free of viruses or other harmful components, or that the Licensed Material will be compatible with any particular device through which you attempt to access it. FYI does not make any representations or warranties regarding the use or the results of the use of the Licensed Material in terms of its correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall FYI be liable for any indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Licensed Material, even if FYI or an FYI authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall FYI's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to FYI, if any, specifically for access to and use of the Licensed Material.
You agree to indemnify, defend and hold FYI, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; (ii) your activities in connection with the Licensed Material; and (iii) your violation of the rights of a third party.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. FYI does not grant you any rights or licenses not expressly stated herein, all such rights and licenses being hereby reserved to FYI and its affiliates, suppliers and licensors. Without limiting the foregoing in any manner, you acknowledge and agree that you may not rent, lease, lend, sublicense or transfer the Licensed Material and that any attempted transfer shall be null and void and of no force or effect.