The contents and services (collectively the “Licensed Application”) made available to you through this TV set (this “Device”) are licensed, not sold, to you for use only under these terms and conditions. The providers of the Licensed Application (each an “Application Provider”) reserve all rights not expressly granted to you.
1. Scope of License
The license granted to you for a Licensed Application by the relevant Application Provider is limited to a non-transferable license to use the Licensed Application on the Device that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.
All Licensed Applications and all contents included therein that are accessible through this Device belong to the Application Provider and are protected by applicable intellectual property laws. Unless otherwise permitted by applicable law, you may not modify, copy, decompile, reverse engineer, disassemble, republish, upload, post, transmit, translate, attempt to derive the source code of, create derivative works of, or otherwise exploit any Licensed Application or any updates or any part thereof. If you breach this restriction, you may be subject to prosecution and damage claims. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You shall be solely responsible for any and all costs (if any) for the upgrading of the Licensed Application.
2. Third-party Materials
The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively the "Services"). By using any of the Services, you may encounter contents that may be deemed offensive, indecent, or objectionable, which contents may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, the manufacturer of this Device (the “Manufacturer”) and the Application Provider shall not have any liability to you for contents that may be found to be offensive, indecent, or objectionable.
The Manufacturer shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of such Services. The Manufacturer does not warrant or endorse and shall not assume and shall not have any liability or responsibility to you or any other person for any of the Services.
The Services may contain proprietary content, information and material (collectively “Third-party Materials”) that are protected by applicable intellectual property and other laws, and you shall not use such Third-party Materials in any way whatsoever except for permitted use of the Services. Unless otherwise permitted by applicable law, you shall not reproduce, modify, rent, lease, loan, sell, distribute the Third-party Materials or create derivative works thereof in any manner, and you shall not exploit the Services in any unauthorized way whatsoever. You shall not use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and the Manufacturer shall not in any way be responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
3. No Warranty
All Licensed Applications and Services are provided “as is” and “as available” without warranty of any kind, either express or implied. The Manufacturer expressly disclaims all warranties and conditions with respect to the Licensed Applications and the Services, either express or implied, including but not limited to, warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights. The Manufacturer does not guarantee the accuracy, validity, timeliness, legality, or completeness of any Licensed Application or Service made available through this Device and does not warrant that the Device, the Licensed Applications or the Services will meet your requirements, or that operation of the Licensed Applications or the Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. Should the Licensed Application or Services prove to be defective, you shall assume the entire cost of all necessary servicing, repair or correction.
The Licensed Applications and Services may be changed, suspended, removed, terminated or interrupted, or access may be disabled at any time, without notice, and the Manufacturer makes no representation or warranty that any content or service included in the Licensed Applications and Services will remain available for any period of time. Such contents and services are transmitted by third parties by means of networks and transmission facilities over which the Manufacturer has no control. Without limiting the generality of the foregoing, the Manufacturer expressly disclaims any responsibility or liability for any change, interruption, disabling, removal of or suspension of any content or service made available through this Device. The Application Provider and other providers of the Services reserve the right to change, suspend, remove, or disable access to any Licensed Application or Services at any time without notice. The Manufacturer may also impose limits on the use of or access to certain Licensed Applications or Services, in any case and without notice or liability.
The Manufacturer does not provide customer service related to the Licensed Applications and the Services. Any question or request for service relating to the Licensed Applications and the Services should be made directly to the respective provider.
4. Collection and Use of Information
5. Unavailability of Certain Features
Due to restrictions of Application Provider, certain features, applications, and services may not be available on this Device (including its peripheral devices) or in all territories. Some features on this Device may also require additional peripheral devices or membership fees that are sold separately.
6. Limitation of Liabilities
To the extent not prohibited by applicable law, under no circumstances, including negligence, shall the Manufacturer be liable, whether in contract or tort, for any direct, indirect, incidental, special or consequential damages, attorney fees, expenses, or any other damages arising out of, or in connection with, any information contained in, or as a result of the use of the Device, any Licensed Application or any Service by you or any third party, even if advised of the possibility of such damages.
The Manufacturer shall only be liable for intent and gross negligence.