TERMS OF SERVICE

Terms and Conditions for use of VingoTV.

The User agrees to the following Terms and Conditions (TAC):

1. The User acknowledges that use of VingoTV is for personal use only, and is being used in order to Time-shift TV programming to a more convenient time for the User.
2. The User acknowledges that by agreeing to these terms and conditions they are agreeing to rent from VingoTV both its Time-shifting Software, Capture technology and Storage space on VingoTV Servers.
3. The user also warrants any copies requested to be made on the VingoTV servers are owned by the user, and are not owned by VingoTV, for as long as the content resides on the VingoTV servers.
4. The User agrees while they own the copies of Time-shifted programming, use of the VingoTV service is restricted to Streaming media for viewing purposes only and the User further agrees to forgo all rights to download this content once it has been time-shifted using the VingoTV service.
5. The time-shifted content will be kept on the VingoTV servers for a limited amount of time, which will be outlined to the user but will change from time to time at the discretion of VingoTV
6. Vingo TV reserves the right to restrict or cancel a Users subscription or membership of the VingoTV service at their discretion.
7. VingoTV reserves the right to block a user streaming from their service, if it is deemed that a User has been engaged in abusive use and or has not been using the service in good faith.
8. User agrees they will not attempt to breach the copyright of the owners of Time-shifted content in any way. This includes dissemination, or attempting to disseminate, any copies made in any medium both physical and electronic in any geographical location without the express permission of VingoTV and/or the content owners.
9. In respect to UK users watching UK based TV channels, the User warrants that they are in possession of a valid UK TV license covering their Premises.
10. VingoTV will adhere to all relevant UK Data protection regulations and will not share user data with any 3rd parties without their express permission. However by accepting this agreement the User does give express permission to share their personal data with the UK TV licensing authority should it be asked for, or any other 3rd party including other Government Departments and or Agencies. Furthermore should VingoTV be required to provide such information by a Court of Law in any jurisdiction, a Mediation body, or any other 3rd party VingoTV reserves the right to provide such information and by accepting these Terms and Conditions the User explicitly agrees to this.
11. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for VingoTV to provide the Service. You also understand and agree that the Service may include certain communications from VingoTV, such as service announcements, administrative messages and the VingoTV Newsletter, and that these communications are considered part of VingoTV membership and you will not be able to opt out of receiving them.
12. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new VingoTV properties, shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that VingoTV assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
13. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom, United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VingoTV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VingoTV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
14. Registration Data and certain other information about you are subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by VingoTV and its affiliates. The User understands that VingoTV will collect both TV usage Data and Registration Data and use the Information created from this to target advertising to the User and to create a number of types of statistics that will be disseminated to 3rd parties on the basis that no individual User will be identified.
15. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VingoTV of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VingoTV cannot and will not be liable for any loss or damage arising from your failure to comply with this.
16. This means the User and not VingoTV, are entirely responsible for all Content that you time-shift or otherwise make available via the Service. VingoTV does not control the Content the user decides to time shift via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VingoTV be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
17. You agree to not use the Service to transmit, copy, post, email or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
18. The User will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
19. You acknowledge that VingoTV may or may not pre-screen Content, but that VingoTV and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, VingoTV and its designees shall have the right to remove any Content that violates the ToC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content time-shifted by VingoTV, including without limitation information in VingoTV Message Boards, Website, and in all other parts of the Service.
20. You acknowledge, consent and agree that VingoTV may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of VingoTV, its users and the public.
21. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
22. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by VingoTV and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
23. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
24. You agree to indemnify and hold VingoTV, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you time-shift, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.
25. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
26. You acknowledge that VingoTV may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that timeshifted content will be retained by the Service, the maximum disk space that will be allotted on VingoTV's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that VingoTV has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that VingoTV reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VingoTV reserves the right to modify these general practices and limits from time to time.
27. VingoTV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VingoTV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
28. You agree that VingoTV may, under certain circumstances and without prior notice, immediately terminate your VingoTV account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TAC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your VingoTV account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in VingoTV's sole discretion and that VingoTV shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
29. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VingoTV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
30. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VingoTV has no control over such sites and resources, you acknowledge and agree that VingoTV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VingoTV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
31. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by VingoTV or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
32. VingoTV grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by VingoTV for use in accessing the Service.
33. You acknowledge and agree that you can cancel the service at any time, by sending VingoTV an email, and that no refund of the monthly payment would be given once that month's subscription had commenced 

34. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VINGOTV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VINGOTV MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VINGOTV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VINGOTV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINGOTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS :
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO THIRD PARTY BENEFICIARIES:
You agree that, except as otherwise expressly provided in this TAC, there shall be no third party beneficiaries to this Agreement.

NOTICE: VingoTV may provide you with notices, including those regarding changes to the TAC, by email or regular mail or postings on the Service.

TRADEMARK INFORMATION:
VingoTV trademarks and service marks and other VingoTV logos and product and service names are trademarks of Timeshift Media Limited. (the "VingoTV Marks"). Without VingoTV's prior permission, you agree not to display or use in any manner, the VingoTV Marks.

GENERAL INFORMATION:
Entire Agreement. The TAC constitute the entire agreement between you and VingoTV and governs your use of the Service, superseding any prior agreements between you and VingoTV with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VingoTV services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TAC and the relationship between you and VingoTV shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and VingoTV agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.

Waiver and Severability of Terms. The failure of VingoTV to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your VingoTV account is non-transferable and any rights to your VingoTV I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TAC are for convenience only and have no legal or contractual effect.