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Terms of Service

Last Updated: Oct 12, 2012 06:38PM PDT
The Simple.TV Service Agreement
Simple.TV is a network-connected DVR that captures and streams TV to your connected devices. Simple.TV only works in conjunction with the free, trial and Premier versions of the Simple.TV Service (collectively, “The Service”).
 
This agreement explains the terms and conditions that apply to your use of the Simple.TV DVR and The Service, and constitutes a legally binding agreement between you and Really Simple Software Inc. d/b/a Simple.TV ("RSS Inc"). By using the Simple.TV DVR and Service (collectively “Simple.TV”), you agree to all the terms and conditions in this agreement ("Agreement"). You also agree to the terms and conditions of our Web Site Terms of Service and our Privacy Policy. Both can be found at www.simple.tv/legal.
 
 
1)    Terms of Service. Simple.TV is for personal, non-commercial, use only. RSS Inc. may modify the terms of this Agreement at any time and, if so, will post a copy of the amended Agreement at http://www.simple.tv/legal.  If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using Simple.TV, and if applicable, cancel your Simple.TV Premier subscription. You will be deemed to have accepted the Agreement as amended if you continue to use Simple.TV after any amendments are posted on the Site. Simple.TV reserves the right to update any of its Policies at any time, without notice.

2)    30-day Money-back Guarantee. If you are not totally thrilled with Simple.TV, RSS offers a 30-day money back guarantee. This guarantee only applies if the Simple.TV Service is canceled and the Simple.TV DVR hardware is returned in its original packaging will all original components to RSS Inc. within 30-days of you receiving Simple.TV. The shipping charge for the return is at your expense and you must first obtain an RMA (Return Merchandize Authorization) number from RSS Inc. by emailing support@simple.tv.

3)    Purchase Eligibility.To purchase a Simple.TV DVR and/or a Simple.TV Premier Subscription, you must be a U.S. resident and at least 18 years of age. You will be asked to provide valid registration information, a valid payment method, and other payment information at the time you purchase.

4)    Changes to the Simple.TV Service. RSS Inc. may at its discretion, and without notice, add or remove features and functionality of the Simple.TV service or the Simple.TV DVR. If you are dissatisfied with any such changes to the Simple.TV service, you may cancel your use of Simple.TV as provided in Section 12 ("Termination of Simple.TV Premier Service"). RSS Inc. reserves the right to discontinue or change any number all of the features of the Simple.TV service, or the Simple.TV Premier service, you receive at any time at its discretion.

5)    Usage Prerequisites. The Simple.TV service, and an active Internet connection, is required in order for your Simple.TV DVR to work. No functionality is represented or should be expected from the Simple.TV DVR without an active connection to the internet via a broadband service. RSS Inc. does not make any assurances about the availability or functionality your broadband internet connection. You are responsible for any broadband service charges incurred as a result of using Simple.TV or accessing the Simple.TV service. In order to record TV using Simple.TV, you need to provide your own storage device. You agree that by connecting your storage device to Simple.TV, all content on such device will be permanently deleted. Further, RSS Inc. does not guarantee that your storage device will meet the minimum performance standards required to support Simple.TV. In order for Simple.TV to stream TV content to connected devices on your network, you must have a functioning home network with at least 1 Mbps of sustained in-home data transfer performance. In order for Simple.TV to stream content outside of your home, you will need a Premier Subscription and sustained upload bandwidth of at least 1 Mbps. Simple.TV makes no guarantees of the performance or functionality of the Simple.TV DVR and Simple.TV service if your internet bandwidth does not meet these requirements. You are fully responsible for providing a means for Simple.TV to receive TV content in a format that is supported by the Simple.TV DVR. Currently, Simple.TV supports ATSC broadcast TV and ClearQAM cable. Simple.TV does not support Satellite, FiOS, or other conditional access content systems. Since cable systems vary by operator, and broadcast TV reception is subject to local conditions, RSS Inc. cannot guarantee the quality or number of channels that you will be able to receive with your Simple.TV DVR. You agree that RSS Inc. will have no liability to you, or anyone else who uses your Simple.TV account, with regard to the quality, content, or reception of TV content.

6)    Privacy: Simple.TV is an internet-connected DVR. In order to operate, Simple.TV may collect and process information on an account-level basis about what shows you record and view. Please consult the RSS Inc. Privacy Policy for more details. It can be found at www.simple.tv/legal

7)    Updates:  By using the Simple.TV service, you agree to receive all software updates and upgrades that RSS Inc. sends to your Simple.TV DVR. If your Simple.TV DVR accesses the Simple.TV service (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the Simple.TV service and are bound by the terms of this Agreement. RSS Inc. may, at its discretion, discontinue the provision of software updates to Simple.TV DVRs.

8)    Content Copyright:The Simple.TV service gives you the ability to record television signals from over-the-air broadcasts or basic, unprotected, cable TV channels (ClearQAM), collectively “Third Party Content”. Simple.TV does not support FiOS, satellite, or other protected conditional access TV systems and does not enable users to circumvent any copy protection system. You also understand that Third Party Content is the copyrighted material of the content owner that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. You hereby agree that any and all Third Party Content accessed or transferred using Simple.TV or the Simple.TV Service are for personal, non-commercial use and that the Simple.TV service 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. RSS Inc. reserves the right to terminate the accounts of users of any Simple.TV service or software who infringe the copyrights of others.

9)    Premier Service Subscription: If you subscribe to the Simple.TV Premier Service, you agree to pay your subscription fee in advance. You have a choice of subscription payment options that may change over time. RSS Inc. reserves the right to discontinue any subscription payment option at any time without notice. If you choose a subscription option with recurring payments, you agree that RSS Inc. may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your Simple.TV service will not be activated until RSS Inc. has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. You further agree that RSS Inc. may charge any other applicable fees to your credit card. RSS Inc. will notify you 30 days in advance of any fee changes or new fees applicable to your Simple.TV Premier subscription. You are responsible for reviewing your credit card statement for billing accuracy. RSS Inc. reserves the right to suspend or terminate your Simple.TV Premier service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to RSS Inc. when RSS Inc. believes you are liable for the charges.

10)    Activation and Bill Cycles: The day that you activate your Simple.TV Premier Subscription ("Activation Date") is the first day of your billing cycle. Simple.TV monthly subscriptions are billed monthly on a recurring basis. Simple.TV annual subscriptions are billed annually. Simple.TV lifetime subscriptions are for the life of the Simple.TV DVR, not the life of the user. You may cancel your Subscription at any time (see section 6 below). Simple.TV reserves the right to adjust the price of its Subscription offers at any time. By purchasing a Simple.TV Premier Service subscription, you authorize RSS to charge the stated Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. RSS Inc. reserves the right to discontinue any subscription payment option at any time without notice. If you choose a subscription option with recurring payments, you agree that RSS Inc. may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your Simple.TV service will not be activated until RSS Inc. has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. You further agree that RSS Inc. may charge any other applicable fees to your credit card. RSS Inc. will notify you 30 days in advance of any fee changes or new fees applicable to your Simple.TV Premier subscription. You are responsible for reviewing your credit card statement for billing accuracy. RSS Inc. reserves the right to suspend or terminate your Simple.TV Premier service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to RSS Inc. when RSS Inc. believes you are liable for the charges.

11)    Simple.TV Premier Lifetime Subscriptions. A "Premier Lifetime Subscription" to the Simple.TV service covers the life of the Simple.TV DVR, not the life of the subscriber. RSS Inc. makes no warranties or representations as to the expected lifetime of the Simple.TV DVR.

12)    Termination of Simple.TV Premier Service. You may terminate your Simple.TV Premier service at any time and for any reason, by contacting Simple.TV Customer Support at support@simple.tv. The Simple.TV Premier service will be terminated at the end of the service period for which you have paid. Unused portions of subscription fees are non-refundable. Notwithstanding anything to the contrary in this Agreement, RSS Inc. retains the right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card are refused for any reason, if you breach any provision in this Agreement, or if you misuse the Simple.TV service. In addition, RSS Inc. reserves the right to terminate your account and this Agreement for any reason if RSS Inc. gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Simple.TV Premier service before termination.

13)    Software and Intellectual Property.  The Simple.TV DVR runs with embedded software that was preloaded when you purchased your Simple.TV. Further, RSS Inc. may automatically deliver other software programs or updates to your Simple.TV DVR, which you are obligated to accept. You may use such software solely in conjunction with your Simple.TV DVR and only in its executable form. Your use of the software is subject to the terms of this Agreement. RSS Inc. retains title to and ownership of all the software for the Simple.TV DVR and the Simple.TV service. RSS Inc. also retains ownership of all RSS Inc. copyrights and trademarks. In the case of third party software preloaded onto the Simple.TV DVR or delivered by RSS Inc. to the Simple.TV DVR, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the Simple.TV DVR or the software of the Simple.TV DVR is strictly prohibited.

14)    Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RSS INC. FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST RSS INC OR THE SIMPLE.TV SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE SIMPLE.TV SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE SIMPLE.TV DVR OR SOFTWARE FOR THE SIMPLE.TV DVR.

15)    Warranty Disclaimer. THE SIMPLE.TV SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY RSS INC., EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. RSS INC FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SIMPLE.TV SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES RSS INC WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE SIMPLE.TV SERVICE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SIMPLE.TV SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. As some jurisdictions do not allow some of the exclusions set forth in this Section, some of these exclusions may not apply to you.

16)    Limitation OF RSS Inc’s Liability. IN NO EVENT SHALL RSS INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SIMPLE.TV SERVICE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF RSS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RSS’S LIABILITY EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE SIMPLE.TV DVR AND SIMPLE.TV PREMIER SERVICE.  Certain jurisdictions may limit RSS Inc’s and its licensors’ ability to disclaim their liability to you, in which case, the foregoing disclaimer shall be construed to limit RSS’s and its licensors’ liability to the maximum extent permitted by applicable law.  

17)    Electronic Signatures. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by RSS Inc to show your acceptance of this Agreement), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the SOFTWARE. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

18)    Jurisdictional Matters; Claims; Eligibility. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and use the Simple.TV Service. Further, you must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the Simple.TV 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 Simple.TV service.

19)    Reservation of Rights; Modification. RSS Inc. reserves all rights not expressly granted in this Agreement. RSS Inc. may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on an RSS Inc. website. Your continued use of the SOFTWARE shall constitute your acceptance to be bound by the terms and conditions of such revised Agreement. 

20)    Severability. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect. 

21)    Waiver. The failure of RSS Inc. at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. 

22)    Governing Law; Jurisdiction; Waiver of Claims. This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law rules thereof. The parties hereto expressly understand and agree that any action brought by you against RSS Inc. arising out of this Agreement shall be brought exclusively in the courts located in Delaware, and any action brought by RSS Inc. against you arising out of this Agreement shall, at the election of RSS Inc., be brought in either the courts located in Delaware, or the applicable courts of the jurisdiction in which you reside. The parties hereby consent to, and irrevocably submit themselves to, the exclusive personal jurisdiction and venue of such courts as set forth in this section. You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against RSS Inc. unless such claims are asserted by you in the forum required by this Agreeement no later than one year following the date that your claim or cause of action arose.

23)    Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SIMPLE.TV SERVICE AND SIMPLE.TV DVR, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO RSS INC. THE RIGHTS SET FORTH HEREIN.
 
August 10, 2012
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