1. Except as expressly modified below, AT&T MOBILE TV SERVICE ("MOBILE TV SERVICE") is provided pursuant to the terms of the Subscriber's Wireless Service agreement, including the provision regarding arbitration of disputes.
2. You must be the account holder. MOBILE TV SERVICE is available within the AT&T Mobile TV coverage area and may be interrupted or restricted without notice. Content is provided by third parties. AT&T and its licensors are not responsible and assume no liability for content including, without limitation, any defamation, obscenity or profanity you may encounter through the use of the MOBILE TV SERVICE. See product brochure or go to att.com/mobiletv for coverage map, and rates. Your continuation of this subscription process is your confirmation that you have reviewed this Terms of Service, your Wireless Service Agreement and the AT&T Mobile TV Service Terms and agree to them.
3. Programming available on the MOBILE TV SERVICE is subject to change and blackout.
4. The MOBILE TV SERVICE shall be used only for viewing within the U.S., non-commercial, subscription, personal use and may not be resold or distributed.
5. All content and services are provided by third parties. AT&T is not responsible for the content, products, materials, or practices of any third-party. You ("Subscriber") understand that by using the MOBILE TV SERVICE you may be exposed to content that you find offensive, indecent or otherwise objectionable. AT&T makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of the content or services.
6. All content included in the MOBILE TV SERVICE, including graphics, text, images, logos, audio and video materials, and software, as well as the compilation of the content, is the property of AT&T and/or its licensors (the "Materials") and is protected by U.S. and international intellectual property laws. Any unauthorized use of the Materials may violate copyright, trademark or other laws. Materials be viewed as presented and are for personal use only. Unless otherwise authorized by law, you agree not to alter, falsify, misrepresent, modify, copy, reproduce, record, store, republish, upload, post, transmit, transfer (whether through video out function, place shifting or otherwise), distribute or otherwise utilize the Materials without the express, written permission of the copyright holder. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. Pursuant to the Digital Millennium Copyright Act, AT&T reserves the right to terminate the accounts of users of the Service who are infringers of the copyrights of others.
7. The Subscriber shall 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 MOBILE TV SERVICE.
8. Signals may be lost due to severe weather or coverage area and MOBILE TV SERVICE is not available in all areas where the Subscriber receives wireless coverage.
9. The MOBILE TV SERVICE shall not be used in any situation that may endanger the Subscriber or any third party, including while driving or engaging in any other activity that requires the full attention of Subscriber.
10. Subscriber shall not authorize or assist any third party in doing the above.
11. AT&T 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 MOBILE TV SERVICE. No implied licenses are granted.
12. Subscriber represents and warrants that he or she shall use the MOBILE TV SERVICE only for lawful purposes and in accordance with these terms and the terms of the Wireless Service Agreement with AT&T and not to violate any laws, rules, regulations or ordinances, including without limitation any intellectual property laws, privacy laws, telecommunications laws or U.S. export control laws. Subscriber shall not use the MOBILE TV SERVICE in any manner that violates any right of AT&T or any third party, including any right of privacy, publicity, copyright or trademark.
13. EXCLUSION OF WARRANTIES
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a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE TV SERVICE IS AT YOUR SOLE RISK AND THAT THE MOBILE TV SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
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b. IN PARTICULAR, AT&T, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, INCLUDING, WITHOUT LIMITATION, MEDIAFLO USA, INC. DO NOT REPRESENT OR WARRANT TO YOU THAT:
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i. YOUR USE OF THE MOBILE TV SERVICE WILL MEET YOUR REQUIREMENTS,
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ii. YOUR USE OF THE MOBILE TV SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
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iii. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE MOBILE TV SERVICE WILL BE ACCURATE OR RELIABLE, AND
AT&T AND ITS LICENSORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
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a. SUBJECT TO 12(a) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, INCLUDING, WITHOUT LIMITATION, MEDIAFLO USA, INC. SHALL NOT BE LIABLE TO YOU FOR:
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i. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; AND
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ii. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
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1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE MOBILE TV SERVICE; AND
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2. ANY CHANGES WHICH AT&T OR ITS LICENSORS MAY MAKE TO THE MOBILE TV SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE MOBILE TV SERVICE (OR ANY FEATURES WITHIN THE MOBILE TV SERVICE).
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THE LIMITATIONS ON AT&T'S AND ITS LICENSOR'S LIABILITY IN PARAGRAPH 13(a) ABOVE SHALL APPLY WHETHER OR NOT AT&T OR ITS LICENSORS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. PLEASE NOTE: BY USING THIS MOBILE TV SERVICE, YOU AGREE THAT WE MAY COLLECT AND TRANSMIT INFORMATION ABOUT YOUR USE OF THE MOBILE TV SERVICE. This information may include, without limitation, the following: (i) activation, deactivation and subscription changes; (ii) date, time, duration and content viewed; (iii) viewing presentation events such as changes to screen modes and interruption due to calls; and 9iv) other service impacting events like time zone changes, delivery failures, and system initiated transactions. The information will b used for billing, maintenance, troubleshooting, and similar service related purposes. The information will also be used to report viewing habits, in an aggregated, non-personally identifiable manner, to content providers and advertisers. The information may be share with AT&T vendors, including, but not limited to, MediaFLO USA, and is subject to AT&T's privacy policy.