DISH Network® TV Everywhere™ 24-Hour Trial Offer Agreement
For purposes of this DISH Network TV Everywhere 24-Hour Trial Offer Agreement (the "Agreement"): (i) "you" and "your" refer to you, the DISH Network's TV Everywhere Trial Offer (the "TV Everywhere Trial") participant; and (ii) "DISH" refers to DISH Network L.L.C.
"DISH Network" is a registered trademark of DISH Network L.L.C.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY PARTICIPATE IN THE TV Everywhere TRIAL. BY CLICKING "I AGREE TO THE TERMS AND CONDITIONS" BELOW, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. UNDER THE TV Everywhere TRIAL, YOU WILL BE AUTHORIZED BY DISH TO RECEIVE THE TRIAL SERVICES (AS DEFINED IN SECTION 1.A BELOW) AT NO CHARGE FOR TWENTY-FOUR (24) HOURS FOLLOWING YOUR CLICKING "I AGREE TO THE TERMS AND CONDITIONS" (THE "TRIAL PERIOD"). FOLLOWING THE END OF THE TRIAL PERIOD YOU WILL NO LONGER HAVE ACCESS TO THE TRIAL SERVICES.
1. THE TRIAL SERVICE
A. Trial Services Defined. "Trial Services" shall mean the video, audio, data, interactive and other programming services that DISH, in its sole discretion, makes available to you via the Internet during the Trial Period pursuant to the TV Everywhere Trial. The Trial Services are available via a high-speed Internet connected home computer or laptop through www.DISHOnline.com (or other such website(s) as may be designated at any time and from time to time by DISH in its sole discretion) or via compatible mobile device(s) installed with a currently available DISH Network TV Everywhere application. DISH reserves the right to change, remove, alter, substitute or discontinue any such DISH Network TV Everywhere application at any time in its sole discretion. You are solely responsible for obtaining at your sole cost and expense: (i) a broadband Internet connection and/or mobile Internet/data connection of sufficient speed to receive the Trial Services; and (ii) hardware compatible with and capable of viewing DISH Network TV Everywhere services, including without limitation, a high-speed Internet connected home computer or laptop, or compatible mobile device.
B. Age of Participant. You must be at least eighteen (18) years old to participate in the TV Everywhere Trial, including without limitation, to receive Trial Services. By accepting these terms and conditions, you hereby represent that you are at least eighteen (18) years old.
C. Private Viewing Only. You agree that neither you nor any third party will at any time view any Trial Services in any area open to the public or in any commercial establishment. Trial Services may not be rebroadcast or performed, and admission may not be charged for listening to or viewing any Trial Services. If the Trial Services provided to you are viewed in an area open to the public or at any commercial establishment DISH may terminate your participation in the TV Everywhere Trial and, in addition to all other applicable fees, you may be in violation of federal, state and local laws, rules and/or regulations applicable to use and exhibition of the Trial Services.
D. Changes in Trial Services Offered. DISH may, in its sole discretion, add, delete, rearrange and/or change any Trial Services at any time, including without limitation, during the Trial Period.
E. Service Provider Charges. You will be solely responsible for any and all charges or fees incurred by you as a result of your using the Trial Services (including without limitation, any and all charges and fees assessed to you by your Internet and wireless service provider).
F. Recording Capabilities. DISH may, in its sole discretion, allow you to record programming in digital format via the online account provided to you by DISH during the Trial Period. You will not have access to such programming after the Trial Period has ended. Total available recording time may vary. DISH does not guarantee access to, or recording of, any particular programming or that any such programming will not be deleted at any time. Most programming is the copyrighted material of the third party that supplies it; is protected by copyright and other applicable laws; and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it (except as permitted by the "fair use" provisions of the U.S. copyright laws).
G. Proprietary Components and Software. You agree that you will not try to reverse-engineer, decompile or disassemble, nor will you tamper with or modify, or attempt to do any of the foregoing to, any software, source code or hardware used in connection with Trial Services. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of the Trial Services and/or legal action.
2. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. NEITHER DISH NOR ANY DISH AFFILIATE WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH'S ACCESS TO ALL OR ANY PORTION OF TRIAL SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE TRIAL SERVICES TO DIFFERENT SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE; ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY DISH OR ANY DISH AFFILIATE; OR ANY ACT OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACT OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND DISH'S REASONABLE CONTROL.
B. LOSS OF RECORDED MATERIAL. NEITHER DISH NOR ANY DISH AFFILIATE WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING, INCLUDING WITHOUT LIMITATION, ANY LOSS OR PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN TRIAL SERVICES OR ANY EQUIPMENT USED TO ACCESS THE TRIAL SERVICES.
C. NO WARRANTIES.EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW, NEITHER DISH NOR ANY DISH AFFILIATE MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE TRIAL SERVICES OR ANY SOFTWARE THAT MAY BE MADE AVAILABLE TO YOU BY DISH, ANY OF ITS AFFILIATES OR ANY THIRD PARTY IN CONNECTION WITH THE TV Everywhere TRIAL TO YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
D. CONTENT RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO IMPOSE ANY PROGRAMMING, INTERNET OR OTHER CONTENT RESTRICTIONS ON YOURSELF AND ANY OTHER USERS OF THE TRIAL SERVICES, AS YOU DEEM APPROPRIATE. NEITHER DISH NOR ANY DISH AFFILIATE SHALL HAVE ANY LIABILITY TO ANYONE DUE TO, OR BASED UPON OR IN CONNECTION WITH, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY INACCURACIES OR ERRORS IN, OR OMISSIONS FROM, SUCH CONTENT): (i) INCLUDED IN OR RELATED TO ANY OF THE TRIAL SERVICES; OR (ii) ACCESSED USING THE TRIAL SERVICES.
E. DAMAGES LIMITATION. NEITHER DISH NOR ANY DISH AFFILIATE WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO: DISH'S OR ANY OF ITS AFFILIATE'S SOFTWARE, HARDWARE OR ANY OTHER EQUIPMENT; DISH'S FURNISHING OR FAILURE TO FURNISH OR OTHERWISE MAKE AVAILABLE ANY TRIAL SERVICES, SOFTWARE, HARDWARE OR ANY OTHER EQUIPMENT TO YOU; OR ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN TRIAL SERVICES, SOFTWARE, HARDWARE OR ANY OTHER EQUIPMENT, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGE TO ANY BROADBAND INTERNET CONNECTED DEVICE USED TO ACCESS THE TRIAL SERVICES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT DISH IS FOUND TO HAVE ANY LIABILITY, DISH'S AGGREGATE LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIM WHATSOEVER ARISING FROM OR RELATING TO THE TRIAL SERVICES SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR THE TRIAL SERVICES.
3. LEGAL COMPLIANCE; PIRACY AND INFRINGEMENT
A. Piracy. Receiving any DISH Network video, audio, data, interactive and other programming services other than the Trial Services without paying for them and any direct or indirect act or attempted act to engage or assist in any unauthorized interception or reception of any portion of the Trial Services is a violation of various U.S. federal and state laws and of this Agreement. The penalties for violating such laws can include imprisonment and civil damage awards of up to $110,000 per violation.
B. Infringement. Section 605(e)4 of Title 47 of the United States Code makes it a federal crime to modify any hardware and/or any other equipment to receive encrypted (scrambled) television programming without payment of required subscriptions. Conviction can result in a fine of up to $500,000 and imprisonment for five years, or both. Any person who procures any hardware and/or any other equipment that has been so modified is an accessory to that offense and may be punished in the same manner. Investigative authority for violations lies with the Federal Bureau of Investigation. The Trial Services and hardware and/or any other equipment used to access the Trial Services may incorporate copyright protection technology that is protected by U.S. patents and other intellectual property rights. Use of such copyright protection technology must be authorized by DISH, its suppliers or licensors, or other holder of such intellectual property right, and is intended for home and other limited uses only, unless otherwise authorized by DISH, its suppliers or licensors, or other holder of such intellectual property right. Reverse engineering is prohibited.
A. Notice. Any notice required or permitted to be given by DISH under this Agreement may be provided via email, via broadcast on a television channel, through publication on www.dish.com (or through such other website(s) as may be specified by DISH at any time in its sole discretion) (the "DISH Website"), or by any other reasonable means. If DISH sends you notice by email, it will be considered given when sent. If DISH sends you notice via broadcast on a television channel or through publication on the DISH Website, it will be considered given when first broadcast or published. Unless otherwise specified in this Agreement, any notice required or permitted to be given by you under this Agreement shall be in writing and shall be sent by first-class mail addressed to DISH at the mailing address set forth below, and shall be deemed given when received by DISH at such mailing address.
Mail: DISH Network Customer Service Center Attn: TV Everywhere Trial Offer P.O. BOX 9033 Littleton, CO 80160
B. Online Account Information. You are responsible for maintaining the confidentiality of the online account username and password and for all activities that occur under the account username and/or password throughout the Trial Period. You must: (i) keep the account username and password confidential and not share them with anyone else; and (ii) immediately notify DISH of any unauthorized use of the password and/or account username or other breach of security.
C. Applicable Law. This Agreement, including without limitation, all matters relating to its validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement or the Trial Services shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law provisions. This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision will be considered modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or regulation, without affecting the validity of any other provisions.
D. Remedies Cumulative. The rights and remedies provided under this Agreement to DISH in case of your default or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that DISH may have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).
E. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change or override this Agreement. DISH may, however, change this Agreement at any time and will notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination will continue thereafter. This Agreement is in addition to any other written agreement(s), if any, between you and DISH.