PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE") CAREFULLY BEFORE USING ANY ASPECT OF THIS SERVICE.
This digital media store available at http://xfinitytvstore.comcast.net (the "Service") is controlled, managed and published by iN DEMAND L.L.C. for its own benefit and for the benefit of Comcast Corporation Interactive Media and its affiliates, and The XFINITY TV Store (collectively, "Provider" or "we").
These Terms of Use are a legal contract between "you," a Service user, visitor, and/or customer, and Provider that govern your use of the Service. By accessing, registering for, making a purchase on, and/or using any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Service. Provider maintains the right to change these Terms of Use at any time without notice as necessary, as required by law, or as requested by Provider's parents, subsidiaries, affiliates, business partners, or licensors. By continuing to maintain your account and ability to use the Service after Provider has posted any such modifications, you agree to be bound by the modifications. Please review these Terms of Use regularly so that you are aware of any such modifications, as they may be amended without notice. If any modification is not acceptable to you, you must cease use of Service and cancel your account.The Digital Media Store Privacy Policy, found at http://xfinitytvstore.comcast.net/privacypolicy and The Xfinity TV Downloads Media Manager License Agreement are incorporated into these Terms of Use by reference.
The Service enables you to view and/or listen to movies, television programs, video, images and music (whether on the Service, or via streaming or downloading), read certain product descriptions and other text, and otherwise have access to material in digital form solely for your Non-Commercial, Private Use, as defined herein ("Content"). Content may be owned by Provider or by third parties, and each of their parents, subsidiaries, affiliates, licensors and business partners ("Content Owners"). However, in all circumstances, you understand and acknowledge that your rights with respect to the Content via the Service will be limited by these Terms of Use, international copyright laws, and Usage Rules, which are defined below.
The Service offers Content to view, purchase, access on-demand or rent and in various forms, including full-length, television programs and movies, and short previews of the same. Regardless of your purchase method, title choice, or its length or form, your use of the Content is governed by licensing rules established by Provider and/or the pertinent Content Owner that may permit, limit, or prohibit usage of the Content, including without limitation, your access, viewing period, right to copy to one or more portable devices, right to "burn" to portable media, the type of devices on which the Content may or may not be displayed, and additional rights and limitations associated with each digital title that govern that particular title's use, purchase to own, grant of on-demand access, or rental (all such rules and rights, collectively, "Usage Rules"). In the case of an individual title, the Usage Rules may be described to you more specifically where the title is located on the Service or when it is purchased, rented or otherwise accessed. Such Usage Rules may vary by title. If there is a conflict between these Terms of Use and the applicable Usage Rules, the Usage Rules shall govern.
By using the Service, you agree to abide by and honor any and all Usage Rules. Provider and/or the Content Owners of the digital titles (or any other Content on the Service) may, from time to time, remove such titles or Content from the Service without notice, subject to the purchase terms set forth in these Terms of Use, the Usage Rules, and those terms that may be disclosed at the time of purchase.
You agree that you are using the Service for your own Non-Commercial, Private Use, and not for transfer, assignment, resale, sale, lease, sublicense, rental, promotion, advertisement, redistribution or any other commercial use of any kind. As used herein, "Non-Commercial, Private Use" means a presentation of Content for which no fee or consideration of any kind (other than that which you pay to us to purchase or rent the Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g. in a hotel room, dorm room, office or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g. a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g. a bar or restaurant), even if no fee is charged for viewing of the Content.
In addition, you agree that you will not: (i) interfere or attempt to interfere with the proper working of the Service, attempting to interfere with the Service by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the Service; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the Service; (ii) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Service or the Content; (iii) remove any proprietary notices or labels, or any promotional or advertising material, from the Content; (iv) make any copies or transfer the location of any Content you have purchased except as expressly permitted herein for copying or transferring between a limited number of non-portable to portable devices; or (v) frame or link any of the Content, materials or information available from the Service.
You understand that the Service and Content may include security components that permit digital information to be protected and used only as permitted by the Usage Rules set by Provider and/or Content Owners including, without limitation, the right to delete or remove Content from any devices on which it may be displayed. You further agree not to attempt to modify, probe, scan, test, disable, circumvent, bypass or defeat in any way these security components or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way access data or Content not intended for you or for which you are not authorized to access.
Provider (for itself and for the Content Owners) reserves the right to enforce the Terms of Use and/or the Usage Rules with or without notice to you. Provider may, in its sole discretion, terminate these Terms of Use or suspend your account at any time without notice to you in the event that you breach (or Provider reasonably suspects that you have breached) any provision of these Terms of Use, engage in conduct which Provider determines in its sole discretion is not in the best interests of Provider or Content Owners, or any other party; or you violate applicable laws. If Provider terminates these Terms of Use, and/or terminates or suspends your account, neither Provider nor any Content Owner shall have any liability or responsibility to you. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Provider.
As stated above, whether you purchase, pay to access on-demand, or rent a title (collectively, a "Digital License") and/or simply view any Content, all such events are governed by these Terms of Use and the Usage Rules. The Digital License fees and any other charges and any individual digital-title Usage Rules will be set forth where each digital title is located and/or before you complete the Digital License process. The Usage Rules also will set forth any rights you may or may not have to transfer or copy a Digitally Licensed title to portable media or devices, and further, the number of and which devices the Content Owner deems authorized for such use, copying or transfer.
Provider and/or the Content Owners of the digital titles (or any other Content on the Service) may, from time to time, remove such titles or Content from the Service without notice, including after a Digital License is granted, before a permanent download is complete, and/or during any rental or VOD period, subject to these Terms of Use, the Usage Rules, and the Digital License terms disclosed with each Digital License process.
Pricing is subject to change without notice and all Digital License purchases are final upon completion of the Digital License transaction process. Neither Provider nor the Content Owners are responsible for typographical, software or other errors of any kind that may cause incorrect pricing to appear. Please refer to our Help or Customer Service sections in the event any such error may have occurred.
Each time you wish to download and purchase a digital title, you must complete a purchase process that includes the valid payment of the applicable license fee. Upon completion of this process, Provider will grant you a non-transferable, non-exclusive, revocable, limited license to retain a permanent copy of that digital title. Once you have been granted this license, you may download the digital title for permanent storage. Any further, permitted uses of that title, including transfer to an authorized portable device, will be permitted only as set forth expressly in the Usage Rules applicable to that title.
IMPORTANT: your completion of the purchase process does not grant you permanent access to your digital title unless and until you've successfully downloaded it to the authorized device. However, completing the purchase process makes the sale of that title final. Until you successfully complete the download of your digital title, it may be subject to disabled access and/or license revocation (collectively, "Revocation Rights"). Nothing negates these Revocation Rights on the part of Provider and/or the Content Owners, including, without limitation, the interference with, failure or corruption of your computer, device, network, the Internet, the purchased Content and/or this Service, in whole or in part. Therefore, you should download your purchased digital titles as soon as possible after the purchase process is complete. You bear all risk for the completion and/or failure to complete the download process of each digital title for which you have been granted a license. Please refer to our Help or Customer Service sections for further assistance for specific occurrences.
Each time you wish to rent a digital title (or purchase video-on-demand ("VOD")), you must complete a purchase process that includes the valid payment of the applicable rental or VOD fee. Upon completion of this process, Provider will grant you a non-transferable, non-exclusive, revocable, limited license of limited duration in that digital title. Any further, permitted uses of that title, including transfer to an authorized portable device for viewing during the license period, will be permitted only as set forth expressly in the Usage Rules applicable to that title.
IMPORTANT: For all rentals and VOD, you will be granted this limited license ONLY TO HAVE ACCESS to the digital title for a period of thirty (30) days (or less) from purchase (the "Viewing Period"), BUT once you begin to play, start or otherwise view the stored digital title, you will only have twenty-four (24) hours (unless otherwise expressly indicated prior to purchase) to complete play or viewing of that title, regardless of the amount of time left in the Viewing Period. In other words, after completing a rental or VOD purchase, you will have 30 days during which you can start viewing your digital title, but once you start viewing your digital title, it will only remain available to you for 24 hours. Additionally, there may be instances where a digital title will not be available for the full 30-day period. In such event, the period of time for which the title will be available will generally be disclosed to you where the applicable digital title is located or in the Usage Rules.
All rentals and VOD purchases are also subject to the Revocation Rights stated above. All rental and VOD sales are final upon completion of the Digital License process. After the rental/VOD period ends, your license expires, and we will disable your ability to further use or view the title. Please refer to our Help or Customer Service sections for further assistance for specific occurrences.
In order to purchase digital titles or, in some instances, view previews or samples, you must register with the Service first. To register, you must open a Service account by providing certain information, including your name, postal address in the United States, email address, birth date, a user name and password, and, in order to make a purchase, you must provide us with your valid credit or debit card (all such information collectively, "Account Data"). Provider reserves the right to restrict the use of debit cards for purchase in its sole discretion. You must provide and keep us up to date with accurate Account Data, including any changes to your address, email address, card number and/or expiration dates. You agree that we may update your Account Data with information your bank or credit card issuer may supply. We are not responsible for any fees or charges that your bank, credit card or debit card issuer may apply.
You agree that you will not allow others to use your account or Account Data, and you are solely and entirely responsible for maintaining the confidentiality and security of both. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account and you agree to immediately notify Provider of any unauthorized use of your account or any other breach of security. Provider shall not be responsible for any losses arising out of the unauthorized use of your account and/or Account Data, and you agree to indemnify, defend and hold harmless Provider, the Content Owners, and their business partners, subsidiaries, agents, affiliates and/or licensors, as applicable, and its and their respective directors, officers, employees and shareholders for any improper, unauthorized or illegal uses of the same.
For information regarding Provider's use of information collected in connection with the Service, please refer to the Digital Media Store Privacy Policy, a copy of which is available at http://xfinitytvstore.comcast.net/privacypolicy and which is expressly made part of these Terms of Use. We may use or disclose information about you and your Service use as is permitted by the Privacy Policy, to protect our business interests, in cooperating with law-enforcement investigations, and according to these Terms of Use. We reserve the right to modify the Privacy Policy at any time, so please review it frequently. If we make material changes to the Privacy Policy, we will notify in accordance with its terms.
We provide entertainment on the Service directed to the general public, including that which may not be appropriate for younger viewers. We do not knowingly collect information from children under the age of 13, and require that anyone registering with the Service be 18 years of age or older. We also reserve the right to impose further restrictions on access to mature content. As a registered user of the Service, you should be mindful of password-entry requirements and not disclose account numbers or passwords to others. Parents should supervise any use of the Service by their children. Where reasonably available and administratively reasonable, we will provide parental guides such as explicit content advisories and the studios' and television ratings.
Notwithstanding the foregoing, you may find Content on this Service you perceive to be offensive, indecent, or objectionable, which may or may not carry ratings, warnings or other identifying marks that such Content could be deemed as such, including the inclusion in such Content of explicit actions and language, adult-oriented material, and other, similar features. Regardless, as a user of this Service, you agree that Provider shall have no liability or responsibility to you for any Content or Provider Materials, as defined herein, or its failure to provide parental or other guidelines, including those of a mature or explicit nature, which you might find objectionable, offensive, or indecent.
In order to view Content purchased through this Service, you are required to download and install the Digital Media Player. Your use of the Digital Media Player shall be governed by the Digital Media Player End User License Agreement, available here http://xfinitytvstore.comcast.net/licenseagreement.
You are responsible for any hardware, systems, and/or software program(s) you use, and any associated fees and expenses.
The Service, Content and any software, audio and digital titles as well as articles, photographs, images, illustrations, or other content provided by Provider in connection with the Service or Content (collectively, "Provider Materials") are solely for your Non-Commercial Private Use (as defined above). All rights not expressly granted to you in these Terms of Use are reserved to Provider, the Content Owners, and/or each of their business partners, parents, subsidiaries, affiliates, licensors or the party credited as the provider of such Provider Materials (collectively, "Provider Licensors").
All Provider Materials are protected by copyright and/or other intellectual property rights that are owned and controlled by Provider or Provider Licensors. You agree that the Provider Licensors and each of their affiliates, third-party content providers and licensors are intended third-party beneficiaries under these Terms of Use with the right to enforce the provisions that directly concern their content. The entire contents of the Service are also copyrighted as a collective work under the United States and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material as permitted by these Terms of Use and the Usage Rules. Modification of the Provider Materials or use of the Provider Materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is strictly prohibited.
All trademarks, service marks, and trade names are proprietary to Provider or Provider Licensors. Elements of the Provider Materials are protected by trade dress and other laws and may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, or distributed, in whole or in part, in any way.
If you believe that any of the Provider Materials are made available on the Service in such a way that constitutes an infringement of your copyright, you should notify Provider promptly and in accordance with the procedures described below. Provider will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") when the following is sent to Provider's Copyright Agent:
Such DMCA claim should be sent to Provider's Copyright Agent as follows:
DMCA Coordinator
Comcast Interactive Media, LLC
One Comcast Center
Philadelphia, PA 19103 U.S.A.
Phone: (215) 286-3209
Fax: (215) 286-7508
E-mail: dmca_notice@comcast.com
Currently, the Service is intended only for residents of the United States of America, and in particular its 50 states and the District of Columbia (collectively, the "Territory"). The Service may not be available in the U.S. possessions, territories and military bases, including Puerto Rico, as these areas are not included in the initial launch of the Service. You understand and acknowledge that you may not access or attempt to access or use the Service from countries outside of the Territory. You agree to abide by applicable export control laws as well as all applicable laws in the Territory. Provider reserves the right to verify the location of users and may use IP addresses as the basis for determining the location of its users.
You expressly agree that use of the Service is at your sole risk. Neither Provider, Provider Licensors, each of their parents, subsidiaries, affiliates, employees, agents, or licensors warrant that the Service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Service.
The Service is provided on an "as is" basis without warranties of any kind, either express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Provider is not liable for the defamatory, offensive, or illegal conduct of other Service users and that the risk of injury from the foregoing rests entirely with you. Accordingly, you hereby release and discharge each of the Provider, Provider Licensors or any person or entity involved in creating, producing or distributing the Service and/or their respective parents, subsidiaries, affiliates, employees, agents, or licensors from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including, without limitation, death) or property of any kind resulting in whole or part, directly or indirectly, from your use of the Service.
IN NO EVENT WILL PROVIDER, PROVIDER LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE REGARDLESS OF THE CAUSE OR DURATION, INCLUDING WITHOUT LIMITATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR LACK OF TIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND PROVIDER MATERIALS ON THE SERVICE.
If any of the above limitations do not apply to the extent applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, Provider's total liability for all losses, damages and causes of action in contract, tort (including without limitation, negligence), or otherwise will not be greater than the amount paid to access this Service or any Content thereon.
These Terms of Use and the Usage Rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use and the Usage Rules shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties agree to submit to the jurisdiction of the state and Federal courts, as applicable, located in New York County, New York. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
When you visit and use the Service or send e-mails to Provider, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Provider may from time to time modify these Terms of Use and in such event we will post a copy of the amended Terms of Use at http://xfinitytvstore.comcast.net/termsofservice. If you do not agree to (or cannot comply with) the Terms of Use, as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the Service after any amendments are posted.
Dated as of March 31st, 2011