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Terms of Use.
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read and agree to the updated Terms of Use.
BY PARTICIPATING IN VIZIO FANDEMONIUM (ALSO PREVIOUSLY KNOWN AS VIZIO FAN ZONE OR VIZIO FANZONE) AND/OR MYVIZIO, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR ACCESSING ANY PART OR ALL OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE.
These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this Service. Please read the text under the section titled “Binding Arbitration; Class Action Waiver (U.S. Residents Only)” carefully.
1. ACCEPTANCE.
VIZIO, Inc. (VIZIO) owns and operates a fan club and loyalty rewards program, VIZIO Fandemonium, also previously known as VIZIO Fan Zone or VIZIO Fanzone (VIZIO Fandemonium) at http://fandemonium.vizio.com and membership program called myVIZIO offered through http://www.vizio.com. VIZIO Fandemonium, myVIZIO, and the content, rewards programs, information and other services available at VIZIO Fandemonium and myVIZIO are collectively referred to as the Service.
What follows are the current terms and conditions for use of this Service (Terms of Use). The full range of features and functions of the Service is provided only to users who become registered members. By using the Service, you agree to these Terms of Use. The Terms of Use include all other referenced VIZIO operating rules, policies and procedures and other policies published and updated from time to time (collectively the Policies).
If there is any conflict between the Terms of Use and those of any other VIZIO agreement, the terms of the other agreement will control.
2. CHANGES.
VIZIO reserves the right, in its sole discretion, to change, modify, update or discontinue these Terms of Use and all or part of the Service at any time without notice. Any changes or modifications will be effective immediately upon posting the revisions to http://www.vizio.com/terms/fandemonium-myvizio. You should periodically check the Terms of Use located at http://www.vizio.com/terms/fandemonium-myvizio for changes. Continued use of the Service or participation in VIZIO Fandemonium or myVIZIO following any change to the Terms of Use constitutes your acceptance of the changes.
VIZIO may terminate the Service, in whole or in part, at any time.
3. ELIGIBILITY.
The Service is open to legal residents of the 50 United States and the District of Columbia who are at least 13 years of age or older at the time of participation. Void in Puerto Rico and where prohibited or restricted by law.
If you are a minor, meaning any age under 18 years old, you may only use VIZIO Fandemonium or myVIZIO under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf. Your parent or legal guardian will be required to redeem any points earned and receive any prize(s) that you win. If you cannot comply with these requirements, you are prohibited from accessing, using or registering for the Service. VIZIO will not collect personally identifiable information from any person that is actually known to be a child under the age of 13.
VIZIO, its employees, officers, contractors, and agents and its parents, affiliates, and subsidiaries, advertising and promotional agencies, and any other prize sponsor, along with the immediate family members and persons living in the same household as such individuals, whether related or not, are not eligible to participate in VIZIO Fandemonium or to earn or redeem points.
Limit one (1) VIZIO Fandemonium / myVIZIO account per person. If multiple VIZIO Fandemonium or myVIZIO accounts are detected for a single registered member, VIZIO may choose to void such accounts. The authorized VIZIO Fandemonium or myVIZIO account holder is the individual natural person who is assigned to the email address by an Internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. In the event of a dispute about the identity of a member, VIZIO may require that the member provide proof that he/she is the authorized account holder of the email address and/or password associated with the account.
Each user that properly completes the registration process will be considered a member for the purposes of these Terms of Use. VIZIO may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.
4. REGISTRATION.
To become a member, you must complete the registration process by providing VIZIO with complete and accurate information, as required in the registration form. For example, you may be required to provide your name and zip code, username, password, legitimate electronic mail address and certain additional information, such as preferred contact method and products and services of interest in order to access certain features of the Service. VIZIO may elect to refuse to register any user, in its sole discretion.
You may also elect to provide information related to your social networking accounts (e.g., Twitter, Facebook and Instagram) or credit card information or mobile telephone number in order to receive or buy prizes or Points (defined below).
Upon acceptance of your registration, VIZIO will provide access credentials to you. You are solely responsible for maintaining the confidentiality of your access credentials and other account information. You agree to keep all account information up-to-date. You also agree to notify VIZIO immediately of any unauthorized use of your account or any other breach of security.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE OPERATION OF THE SERVICE MAY BE A VIOLATION OF LAW. VIZIO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. PRIVACY.
You agree to VIZIO's Privacy Policy, available at http://www.vizio.com/privacy. VIZIO will not disclose your personally identifiable information in connection with the Service unless: (a) reasonably necessary to perform the Service, (b) authorized by you, (c) otherwise permitted under the Privacy Policy, or (d) VIZIO reasonably believes that such action is necessary to (i) comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) protect or defend the rights or property of VIZIO or any user, or (iii) enforce the Terms of Use or any other agreement.
VIZIO will use your social networking account information only as permitted under the Privacy Policy and for the purpose of providing the Service to you, and will not otherwise attempt to obtain information from, or post information using, such accounts.
6. REWARDS PROGRAM.
The Service currently includes a program, for those who choose to participate, to accumulate, purchase and/or redeem loyalty rewards points (Points) on an individual basis for your own account (Rewards Program). The Rewards Program may be structured to offer benefits based on your current balance of "redeemable" Points (that is, Points that have not previously been redeemed) and/or "lifetime" Points (all prior Points accumulated, whether previously redeemed or not).
VIZIO may establish loyalty criteria pursuant to which you may "earn" Points (e.g., by registering for the Service, sharing content at VIZIO Fandemonium, engaging in specified activities, like visiting or watching videos, or social network activities). Points may expire and become non-redeemable, after a specified period of time as determined by VIZIO.
VIZIO may offer benefits to members in exchange for redemption of a specified number of Points. The nature of those benefits and the number of Points required to obtain such benefits will be established by VIZIO. In some cases, members may be able to augment their balance of redeemable Points by purchasing additional Points from VIZIO in exchange for real money (U.S. dollars) via credit card transactions and/or charges to mobile telephone accounts.
You acknowledge and agree that:
- Points have no "real world" or cash value.
- Points have no purpose or use except in exchange for benefits (if any) offered by VIZIO through the Rewards Program.
- Redemption offers may be time-limited. Once redemption offers are exhausted, the reward item will expire and will be designated as “Sold Out” and/or will be deleted and will no longer be available for redemption.
- Prizes are subject to availability. VIZIO reserves the right, in its sole discretion, to delete, add, modify or substitute merchandise of equal or greater value at any time and for any reason.
- Points are not returnable, refundable, transferable or exchangeable. Points may only be used at VIZIO Fandemonium and cannot be sold, traded, bartered, given away, redeemed by or transferred to any other person or account.
- The Service and Rewards Program have no predetermined termination date and may continue until such time as VIZIO decides to terminate the Service and/or Rewards Program. Upon termination of a member's registration or account for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by the member.
- Any account which has been dormant for a period of twelve (12) months may, at VIZIO’s sole discretion, be deemed void and all Points in that account may be removed and will not be reinstated.
- VIZIO's ability to accurately credit Points to your account based on your activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements established by VIZIO. You will not attempt to earn Points by any unauthorized means, including without limitation, by using any script, bot or other automated methods.
- By redeeming the Points and accepting the prize(s), you will be solely responsible for all (a) federal, state, provincial and/or local taxes, if any; and (b) other fees and expenses associated with the receipt and use of the prize(s) or Points.
- Receipt of a prize constitutes permission (except where prohibited by law) for VIZIO and its designees to use your name, voice, image, likeness, statements, biographical information and any other personal characteristics, in any and all media now or hereafter known, for any purpose, including without limitation advertising, marketing, promotional and/or publicity purposes without additional compensation.
- As a condition of participation in the Rewards Program, you hereby release VIZIO and its affiliates and partners from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the earning, redemption, use or otherwise participating in any aspect of the Rewards Program, or the receipt, ownership or use of any prize(s) received.
- Prizes are awarded “AS IS” and without warranty of any kind, express or implied, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
- VIZIO will arrange for the prizes to be delivered to the address listed in your account profile within the fifty (50) United States. The number of days in transit is not guaranteed. VIZIO cannot ship internationally or to P.O. Boxes. VIZIO will not be responsible or liable to any member for any loss, delay or mis-delivery of a prize. Any unclaimed and unused portion of the redemption offer or prize package will be forfeited.
- VIZIO is not responsible for any unavailability or interruptions to any equipment or service used in connection with VIZIO Fandemonium, including, without limitation: (a) interruptions to any network, server, internet, website, telephone, satellite, computer or other connections; (b) failures of any telephone, satellite, hardware, software or other equipment; (c) garbled, misdirected or jumbled transmissions; (d) other errors of any kind, whether human, technical, mechanical or electronic; or (f) the failure or incorrect or inaccurate capture of Points, prizes or other information. VIZIO reserves the right to disqualify any person tampering with the operation of VIZIO Fandemonium, operation of the http://www.vizio.com or http://fandemonium.vizio.com websites, or for violation of these Terms of Use.
- VIZIO will have no liability for any printing, production, typographical, mechanical or other errors in the Service, or Point balance errors, in a member’s account. VIZIO reserves the right to delay the processing of Points, restrict access to an account or remove Points if it determines that such Points were obtained fraudulently or Points were improperly credited to such account.
- Once the Points are submitted for redemption, a member will have five (5) business days to claim the prize and respond to VIZIO’s notice. If the prize notification is returned to VIZIO as undeliverable or if a member is found to be ineligible or declines acceptance of the prize for any reason, such prize will be forfeited. Upon prize forfeiture, Points will be credited back to the member’s account at VIZIO’s sole discretion. All redemption offers on the website are subject to change without notice.
- The decisions of VIZIO with respect to the Points and Rewards Program are final and binding in all respects.
- The use of third party redemption offers or prizes is subject to such third party terms, conditions and restrictions.
7. FEES.
Except as expressly provided otherwise, you are solely responsible for your own costs and expenses to access and use the Service. VIZIO will determine whether (and how much) to charge for the Service. Since the Service is initially made available without charge, VIZIO may later decide to charge for some or all of the features of the Service. Should there be a charge for the Service, VIZIO may later decide to change the price of that fee. Users will be notified of fees and any fee changes.
8. FORUMS.
The Service may include discussion forums or other features where members may upload, display or transmit user generated content, materials and other information of interest (User Content).
Because VIZIO does not preview or review the postings or User Content on VIZIO Fandemonium or otherwise via the Service, you must be careful in dealing with other members to avoid fraud. You acknowledge that information provided by other members may, despite prohibitions in the Terms of Use, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and VIZIO cannot and does not confirm that each member is the person who they claim to be.
VIZIO is not involved in member-to-member dealings and, therefore, you agree in connection with your use of the Service attempt to settle any disputes directly with such other member or other third party.
9. USER RULES & CONDUCT.
The Service is provided to you only for your personal, non-commercial use. Any use of the Service not expressly authorized is prohibited, including without limitation, accessing the Rewards Program or other aspect of the Service when not authorized, or any commercial use, such as reselling any User Content or information to third parties. You are solely responsible for all acts or omissions that occur under your account, username or password, including User Content posted to or transmitted via the Service.
As a condition of use, you hereby promise not to use the Service for any purpose that is unlawful, commercial in nature (e.g., fundraising, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use. You agree to abide by all applicable local, state, and national laws, regulations and rules. Without limiting the foregoing, you agree not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
You agree not to (a) take any action, or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner that:
- Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates these Terms of Use or any other VIZIO agreement;
- Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
- Reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
- Imposes an unreasonable or disproportionately large load on VIZIO's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of VIZIO or any third party;
- Creates member accounts by any automated means or under false or misleading pretenses;
- Harvests, scrapes or collects User Content or any information from VIZIO Fandemonium or other VIZIO websites;
- Disguises the source of User Content posted; or
- Impersonates any person or entity, including any employee or representative of VIZIO.
You agree to perform all of your obligations in respect to any Rewards Program transaction entered into in connection with using the Service.
VIZIO may, at its sole discretion, immediately suspend or terminate any member's access to the Service should his/her conduct fail (or appear to fail) to strictly conform to any provision of this Section 9.
10. CONTENT.
VIZIO has no obligation to monitor the Service or any user’s use thereof. However, VIZIO reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary. For example, VIZIO may monitor the Service in connection with a security issue or as relates to any applicable law, regulation, legal process or governmental request or investigation.
VIZIO has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, VIZIO and its agents have the right to remove at any time any User Content that, in VIZIO's judgment, does not comply with the Terms of Use or for any other reason. VIZIO is not responsible for any failure or delay in removing any User Content.
You will not post any confidential content or other proprietary information that you desire to (or should) keep secret.
11. THIRD PARTY WEBSITES.
The Service may permit users to access VIZIO Fandemonium from and to link from VIZIO Fandemonium to other websites on the Internet. These other websites are not under VIZIO's control, and you acknowledge and agree that VIZIO is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by VIZIO or any association with its operators. Additional or different terms and conditions may apply when you access and use other websites.
12. PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and all content and materials created by or for VIZIO and made available on VIZIO Fandemonium and VIZIO’s other websites are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. VIZIO and its licensors will own and retain all rights, title and interests, including all intellectual property and proprietary rights, to all VIZIO Fandemonium and other VIZIO website content and materials. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works any of the User Content, materials or other information of such websites and the Service. Systematic retrieval of data or other content from VIZIO Fandemonium or other VIZIO websites to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without VIZIO's express prior written consent.
IMPORTANT: If you desire to make any use of any VIZIO proprietary content for any purpose other than personal, noncommercial reference, then you will first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from VIZIO Fandemonium or other VIZIO websites for any other purpose is strictly prohibited without VIZIO's express prior written consent. Attempting to access or use the Service, content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.
13. CONTENT LICENSE TO VIZIO.
By uploading, posting, submitting or otherwise distributing User Content of any kind to VIZIO Fandemonium or myVIZIO, you:
- Grant and agree to grant to VIZIO and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, for the purposes of offering, providing, marketing and promoting VIZIO Fandemonium, the Service and VIZIO products (including without limitation, being exported under content sharing arrangements with other websites);
- Represent and warrant that all User Content includes appropriate attribution to the copyright owner;
- Represent and warrant to VIZIO that you own or control all rights to such User Content and that public disclosure and use of the User Content by VIZIO (including without limitation, publishing content at VIZIO Fandemonium) will not infringe or violate the rights of any third party; and
- Acknowledge and agree that the User Content is intended to and will be made available to, and used by VIZIO and other users.
IMPORTANT: You agree that you will not contribute any User Content unless you have all of the rights (including rights from the copyright or trademark owner) necessary to grant VIZIO the use license and to satisfy all of the warranty requirements described above.
Notwithstanding the foregoing, the Service may provide you with the ability to remove some or all of your User Content posted to VIZIO Fandemonium. Following any such removal, VIZIO will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content at VIZIO Fandemonium. However, you acknowledge and agree that VIZIO may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (for example, content used in any advertising created prior to removal) and that VIZIO will have no responsibility or liability in respect of any content that has been exported by VIZIO, or shared with other users via the Service or that has been downloaded or copied by users to other websites, systems and devices.
14. TERMINATION.
VIZIO may terminate your access to all or any part of the Service at any time, for any reason and without notice, effective immediately. If a member wishes to terminate its registration and account, the member may do so at any time by sending an email to techsupport@vizio.com that includes the member's electronic mail address and specifies termination to VIZIO Fandemonium and/or myVIZIO membership.
Upon termination, all rights and obligations of the parties will cease and that member will immediately stop using the Service, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Use will survive, and (b) the provisions of Sections 14-23 will survive. After termination, VIZIO has no obligation to maintain any content in that member's account (including without limitation, records regarding the member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to that member or any other user or third party.
15. DISCLAIMER OF ALL WARRANTIES.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE GREATEST EXTENT PEMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. VIZIO MAKES NO WARRANY OR PROMISE THAT THE SERVICE WILL OPERATE UNINTERUPTED OR ERROR-FREE.
VIZIO AND ITS RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL PERFORM UNINTERRUPTED OR BE ERROR FREE; (E) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. INDEMNITY; LIMITATION OF LIABILITY.
If a third party brings a claim against VIZIO, or its affiliates, employees, officers or agents, related to your use of the Service, including VIZIO Fandemonium, or your User Content, you will indemnify and hold VIZIO harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree that VIZIO will not be responsible or liable for any unauthorized access to, alteration or use of your account, User Content, transmissions or data, any material or data sent or received or not sent or received through the Service. You agree that VIZIO is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
VIZIO WILL NOT BE RESPONSIBLE FOR (A) LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (B) DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO VIZIO BY YOU DURING THE PREVIOUS 12-MONTH PERIOD, OR FIFTY DOLLARS (U.S. $50.00), WHICHEVER IS GREATER. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY EVEN IF VIZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. GOVERNING LAW (Non-U.S. Residents Only).
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between U.S. and foreign laws, rules and regulations, U.S. laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use.
18. BINDING ARBITRATION; CLASS ACTION WAIVER (U.S. Residents Only).
UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR VIZIO FANDEMONIUM OR MYVIZIO, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, A FAILURE OF THE SERVICE, OR THE REWARDS PROGRAM, POINTS OR PRIZES, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AAA, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the AAA and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since the Service concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
The filing fees to begin and carry out arbitration will be shared between you and VIZIO, but in no event will your fees ever exceed the amount allowable by the AAA, at which point VIZIO will cover all additional administrative fees and expenses. VIZIO waives its right to recover attorneys’ fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Irvine, California, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor VIZIO nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and VIZIO.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
19. EXCEPTIONS TO BINDING ARBITRATION; CLASS ACTION WAIVER.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (a) you must notify VIZIO in writing within sixty (60) days of the date that you became a member of VIZIO Fandemonium or myVIZIO, or by February 29, 2016, whichever date is later; (b) your written notification must be mailed to VIZIO at 39 Tesla, Irvine, CA 92618, Attn: Legal Department; and (c) your written notification must include (i) your name, (ii) your address, (iii) the date you became a member of VIZIO Fandemonium or myVIZIO, and (iv) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.
In addition, you may pursue a claim in small claims court in your county of residence (if in the United States) or in Orange County, California. In such case the provisions of the section titled “Binding Arbitration; Class Action Waiver (U.S. Residents Only)” will not apply.
20. INTEGRATION AND SEVERABILITY.
The Terms of Use (including the Policies) are the entire agreement between you and VIZIO with respect to the Service and use of VIZIO Fandemonium and myVIZIO, and supersede all prior or communications and proposals (whether oral, written or electronic). If any provision of the Terms of Use is found to be unenforceable, other than the class action waiver, that provision will be limited to the extent necessary so that the Terms of Use will otherwise remain in full force and effect. If the class action waiver is found to be unenforceable, then the entire Section 18 (Binding Arbitration; Class Action Waiver (U.S. Residents Only)) will not apply. The failure of VIZIO to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
21. GENERAL PROVISIONS.
Your rights and obligations under the Terms of Use are personal, and are not assignable, transferable or subject to sublicense, except with VIZIO's prior written consent. VIZIO may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if transmitted by fax or e-mail; or the day after it is sent, if sent by overnight delivery service (e.g., FedEx).
22. COPYRIGHT AND TRADEMARK NOTICES.
The Terms of Use and all content provided by VIZIO are copyright © 2015 VIZIO, Inc. and/or its licensors or suppliers.
VIZIO is the trademark of VIZIO, Inc. The names and logos of VIZIO used in connection with VIZIO Fandemonium, myVIZIO and other VIZIO websites are the trademarks or registered trademarks of VIZIO. Other names and logos are the trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
23. PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the following instructions (Copyright Policy):
If you believe that your work, content or information has been copied in a way that constitutes copyright infringement through the Service, please submit your complaint by email or physical mail as follows:
Email: techsupport@VIZIO.com Mailing Address: VIZIO, Inc. Attn: Customer Support 39 Tesla Irvine, CA 92618
You must provide the following information, which VIZIO may then forward to the alleged infringer:
- Identify and describe the User Content or other material on the Service that you believe infringes your content;
- Identify and describe where the content that you claim is infringing appeared or is located on the Service;
- Provide your address, telephone number and email address;
- Provide a statement, made under penalty of perjury, that: (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (b) the information you have submitted is complete, accurate and true; and (c) you are the owner of the content involved or you are authorized to act on behalf of that owner; and
- Provide your physical or electronic signature.
Upon receiving your complaint, VIZIO may remove content that you believe infringes your content. In addition, VIZIO may terminate the account of the member who appears to be infringing your intellectual property rights.
Privacy Policy.
Our privacy policy has changed. Please review below.
By accessing and using VIZIO products and services, you agree to accept the terms and conditions of this Privacy Policy, and you consent to our use and disclosure of the information collected by us or submitted to us. You also acknowledge that you are aware that this policy may change over time.
Latest updates
Our Privacy Policy has recently changed. The effective date of the current policy is October 26, 2017.
The Privacy Policy applies to all products and services. Certain products have unique information practices, disclosures, and user options, so please refer to the policies that apply to your VIZIO products and services.
You should refer to the "SmartCast Supplement" if you have an internet-connected SmartCast TV or video display and/or use the SmartCast TV App or Mobile App on a tablet or smartphone.
You should refer to the "Viewing Data Supplement to the Privacy Policy" for information about the collection, use or disclosure of viewing history (“Viewing Data”) collected through the Automated Content Recognition (ACR) feature common to VIZIO internet-connected devices (formerly referred to as “Smart Interactivity”).
Our vizio.com website (vizio.com/privacy) always contains the most current version of this Privacy Policy.
Introduction
VIZIO, Inc. and its affiliates (“VIZIO”, “we,” or “us,” interchangeably) respect your privacy. Your privacy is a priority to VIZIO, and we take responsible measures to protect it.
Please take time to read this Privacy Policy. This Privacy Policy explains how we collect, use, share and protect the information of our customers and site visitors.
This Privacy Policy does not apply to the practices of any company or individual that VIZIO does not control. This Privacy Policy does not cover information on non-VIZIO applications, web services or tools that you download or access from a VIZIO product. It does not, for example, apply to any third party services or applications that you may access from VIZIO products. You should review the privacy policies of these applications and services to learn more about their privacy practices, which may differ significantly from VIZIO's.
Notice about viewing data and other activity tracking:
This Privacy Policy also contains information on what has previously been referred to as Smart Interactivity, an Automated Content Recognition (ACR) feature on VIZIO internet-connected TVs and video displays that recognizes onscreen video and audio content, and maintains a record of viewing history associated with the TV or display (Viewing Data). You have the option in your TV or display’s settings menu to enable or disable this ACR feature. Please review the ”Viewing Data Supplement to the Privacy Policy” below. SmartCast Product (i.e. SmartCast TV app or SmartCast Mobile App) users should also review the SmartCast Supplement below, to understand choices specific to these products and services.
What information we collect
Personal Information. We collect various categories of data from purchasers and users of our consumer products and services. Some of this information can be used to identify or contact a specific person directly. We call this “Personal Information.” When you interact with VIZIO, we may collect Personal Information relevant to the situation, such as your name or contact information including mailing address, phone number, or email address. For example, if you make purchases directly from VIZIO, for example at our online store at VIZIO.com, we also collect your payment (i.e., credit card) information. Further, VIZIO collects Personal Information when you purchase a product from us directly, register a VIZIO product or service, open a myVIZIO account online or in the SmartCast Mobile App, access certain VIZIO services, contact us for warranty service or customer or technical support, enter a sweepstakes or participate in surveys, promotions and giveaways. From time to time, we may offer additional products, features, services and promotional opportunities that would require you to submit Personal Information to VIZIO in order to participate.
Personal Information of Children under 13. VIZIO recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We will not knowingly collect Personal Information from children under age 13 for any purpose nor will we knowingly accept registration from them. In some cases, particularly where information is collected electronically, VIZIO may not be able to know whether information was collected from a child under age 13. VIZIO treats this information as though it were provided by an adult. However, if we learn that we have collected Personal Information of a child under age 13, we will attempt to delete that Personal Information as soon as possible and take any other measures required under applicable law.
Non-Personal or Anonymous Information. We also collect data in a form that does not, on its own, permit direct association with any specific individual. We consider this “Non-Personal” or “Anonymous Information.” We may collect, use, transfer, and disclose Non-Personal Information for any purpose, consistent with the terms expressed in our policies. Examples of Non-Personal or Anonymous Information we collect, use and share include the IP address you use to connect your VIZIO internet-connected product(s), your ZIP code, the online services you visit on VIZIO or other devices, as well as information about your VIZIO product(s) such as MAC addresses, product model numbers, hardware and software versions, chipset IDs, region, and language settings. We also collect information about the products you request or purchase, and the number of users and frequency of use of VIZIO products and services. VIZIO also collects Non-Personal Information regarding customer activities on our websites, on VIZIO internet-connected products and services (including SmartCast Products), and on VIZIO's internet store.
Cookies. For website visitors, VIZIO uses session and persistent cookies to collect information when you visit VIZIO's website or online store and uses pixel tags (also known as pixels or web beacons) to place and read these cookies. A “cookie” is a small data file that VIZIO transfers to your device and is stored locally on your device. Cookies are used by thousands of websites in order to enhance the website experience. When you visit VIZIO's websites, we use cookies to identify your device so that you do not have to re-register each time you visit, and we use them to anonymously measure the traffic to our site and its different services and features. We also contract with third party service providers who use anonymous cookies to tag visitors to our online store and website. These cookies may be persistent, which means that they enable us to track and target the interests of our users to enhance the experience on our partners’ websites. Persistent cookies remain on your local storage for an extended period of time. If you have one of these persistent cookies, you may see advertisements for our products displayed on other publishers’ websites which you visit. Your browser contains features to help you manage, remove, or prevent placement of cookies. Some of these service providers participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance to learn more.
Viewing Data. When Viewing Data is enabled by a user on a VIZIO TV or video display, VIZIO also collects specific information relating to the viewing of content on that VIZIO internet-connected device. This ACR technology can automatically recognize video and audio content displayed, when enabled. This data is referred to as “Viewing Data.” This collection of Viewing Data is described under the "Viewing Data Supplement to the Privacy Policy" below.
Activity Data. For customers who use SmartCast Products, VIZIO also collects information referred to as “Activity Data” about your interactions with the SmartCast TV app or the SmartCast Mobile App, including for the purpose of assessing your interests and to recommend relevant content or advertisements. Please review the SmartCast Supplement, available here, for details about collection, use, and disclosure of such Activity Data.
How we use the information we collect
Personal Information. We use Personal Information to respond to your requests for information, to ship products and deliver services, to provide support, and to communicate with you about your VIZIO products and services. For example, if you sign up for our email newsletter, we will send the newsletter to the email address you provided. We will also use Personal Information to send you information about products and services that may be of interest to you, both from VIZIO and our third party partners. You will always have the opportunity to “opt-out” of such communications by unsubscribing or otherwise declining to receive further communications. Later on in this Privacy Policy, we provide you with more information on how to view, correct or remove your Personal Information.
Non-Personal or Anonymous Information. We use Non-Personal Information for many reasons, including to determine how people use VIZIO products and services and how they interact with VIZIO.com. For example, at VIZIO.com, this information tells us how often users click on advertisements, which files are downloaded most frequently, and which online services are most popular. Analyzing this data allows us to improve the performance of VIZIO products and services.
Combinations of Data. VIZIO may combine Personal Information and Non-Personal Information collected with other information so that we can provide and improve our products, services, and website. We may also match your data with our partners’ data to help market our products or services to you.
Note: The SmartCast Supplement describes how SmartCast Product user data is combined with Viewing Data and Activity Data. VIZIO works with advertisers, content-providers, and other companies to measure the effectiveness and reach of content viewed on VIZIO products, by combining data that cannot reasonably identify an individual with Viewing Data and/or Activity Data as described in our Viewing Data and SmartCast supplements.
Viewing Data. The use of Viewing Data, including Viewing Data combined with IP addresses or Non-Personal or Anonymous Information, is described under the “Viewing Data Supplement to the Privacy Policy” below.
Activity Data. For SmartCast Products, click here to learn about the use of behavior and usage data collected through the SmartCast TV app and SmartCast Mobile App.
How we share the information we collect
Sharing with Third Parties. We may share Personal Information and Non- Personal or Anonymous Information with some third party companies who work with us in our business, such as delivering content, processing payments, addressing warranty claims, and receiving marketing assistance. These companies may help us process information, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in VIZIO products and services, conduct customer research or satisfaction surveys, or deliver VIZIO ads and promotions. When we supply Personal Information to these third parties, we require them to use it only for the function or purpose for which they are working with VIZIO, and prohibit disclosure except at our direction consistent with the services they are contracted to provide.
Disclosing Information. We will disclose Personal Information as required by law, or if any of the following applies in our judgment: it is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena); the information is relevant to a crime that has been or is being committed; an emergency exists that poses a threat to your safety or the safety of another person; or it is necessary to protect the rights or property of VIZIO or our employees. If the ownership of VIZIO, Inc. or an affiliate or their respective assets changes as a result of a merger, acquisition, sale of assets, or in the unlikely event of a bankruptcy, information collected from or about consumers or their devices may be transferred to another company. If we believe a transfer results in a material change in the use of the Personal Information we’ve collected or received about you, you will be given the opportunity to opt- out of the transfer.
International Transfers. VIZIO is a company located in Irvine, California in the United States. If you are located in Canada, Mexico or elsewhere outside of the United States, please be aware that any information we collect may be processed and transferred to the United States and be subject to U.S. law. By using VIZIO products and services or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information to and in the U.S.
Viewing Data and Activity Data. The aggregation and sharing of Viewing Data and Activity Data, respectively are described under the "Viewing Data Supplement to the Privacy Policy” and the “SmartCast Supplement” below.
How we protect the information we collect
Protective Measures. VIZIO has implemented systems designed to maintain the confidentiality of the Personal Information that it collects. VIZIO maintains internal practices designed to protect the security and confidentiality of this information by, among other things, limiting employee access to and use of this information. When you provide VIZIO with sensitive Personal Information such as credit card numbers over the internet, we encrypt your transmissions using SSL (“Secure Sockets Layer”), and other industry standard security technology. While no one can guarantee the security of a website, internet transmission, computer system or wireless connection, we do employ common safeguards intended to mitigate the risk of unauthorized access or disclosure of the Personal Information we store or handle. We keep such information on servers located in controlled facilities that are protected by firewalls and employ other technical measures designed to prevent intrusion or unauthorized access to our data centers. We maintain written policies and procedures for the protection of the Personal Information collected, stored, handled, or processed on our systems. For employees with access to Personal Information, we provide training to employees on privacy and data security.
Third Party Security Measures. VIZIO also contractually requires third parties with access to the Personal Information (i.e. for providing services to VIZIO) to prevent its disclosure or misuse, such as through the deployment of administrative, technical and physical security measures appropriate to the sensitivity of the data being processed or stored.
Viewing Data. The protection of Viewing Data is described under the "Viewing Data Supplement to the Privacy Policy" below.
How you can access or remove your personal information
If you desire access to view, correct or remove your own Personal Information, email us at privacy@vizio.com or call 877-698-4946. If you request removal of Personal Information, you acknowledge that residual Personal Information may continue to reside in VIZIO's records and archives, but VIZIO will not use that Personal Information going forward for commercial purposes. VIZIO reserves the right to maintain your Personal Information if VIZIO has suspended, limited, or terminated your access to the VIZIO website or VIZIO products and services for violating any applicable Terms of Use or Terms of Service. This paragraph does not apply to VIZIO’s collection of Non- Personal or Anonymous Information. We reserve the right to refuse to process data removal requests that are impractical or jeopardize the privacy of others.
VIZIO.com: Do Not Track
VIZIO does not knowingly track Personal Information about visitors to VIZIO.com over different sites and over time, and it does not enable third parties to do so, regardless of whether VIZIO detects a do-not-track or similar signal from a visitor’s browser.
Postings
Where applicable, if you post user comments or engage in similar activity, please remember that anything you post may be publicly available. In other words, publicly displayed information is public. Portions of your user profile may also be available to other users of or visitors to our websites. Any such submissions to VIZIO will be public and will not be considered private information and not Personal Information or Anonymous Information. We do not control, and are not responsible for, the actions of other users of the VIZIO website with respect to any information you post. In addition, information that you post may be collected and used by others to send you unsolicited messages and for other purposes.
Changes to this privacy policy
As VIZIO's business changes and grows, VIZIO may make changes to this Privacy Policy. Please check back periodically to review these changes. If VIZIO’s changes have a significant effect on the way we use or disclose your information, however, VIZIO will announce the changes in a more prominent way. These announcements may include, for example, messaging on the screen of your VIZIO TV or video display or prominent disclosures on vizio.com. VIZIO will use and disclose your information according to the latest version of the Privacy Policy. The latest version of the Privacy Policy will be available at http://www.vizio.com/privacy.
By continuing to use VIZIO’s services after the posting of such revised Privacy Policy, you consent to the terms of such revised Privacy Policy.
How to contact us
If you have any questions regarding this Privacy Policy, please contact us at privacy@vizio.com.
SmartCast Supplement to the Privacy Policy
This section of the VIZIO Privacy Policy applies only to users of SmartCast Products (e.g. SmartCast TV Application (“SmartCast TV App”), and/or the SmartCast Mobile Application (“SmartCast Mobile App”)).
I. What is SmartCast?
SmartCast allows you to search, browse and discover content across multiple applications on your VIZIO SmartCast Product all at once.
This SmartCast Supplement applies to anyone who uses VIZIO SmartCast Products, which provide a means to access third party applications as well as a single aggregated view of movies, shows, music, live streams, live TV programs and more. This Supplement applies to your use of SmartCast Products, regardless of what third party services and applications are accessed through SmartCast Products, or other displays you connect to the SmartCast Mobile App, if any. SmartCast Mobile App users can create an account, or use the SmartCast Mobile App as a “guest” (SmartCast video displays currently operate only in guest mode). If you create an account on the SmartCast Mobile App, members of the same household can create separate user profiles and tag favorites to create Personal Watchlists and Collections for quicker access to content.
VIZIO sells a variety of video displays and audio products which come integrated with Google Chromecast built-in or are programmed to work together with other third party technology. The SmartCast TV app streams content on a SmartCast TV or video display and the SmartCast Mobile app streams content from mobile phones, tablets, laptops, and other cast transmitters to a TV or video displays with Google Chromecast technology built-in. The SmartCast Mobile app also works with select DIRECTV and DISH Network devices, and allows access to live streaming channels from mobile apps. You can control a SmartCast TV or display with the included tablet remote (available with select SmartCast Products), your own tablet or smartphone (via the SmartCast Mobile App), or by using the SmartCast IR remote (included with most VIZIO SmartCast TV or video displays). A SmartCast video display may or may not include a traditional TV tuner.
II. What does this SmartCast Supplement cover?
This section of the VIZIO Privacy Policy applies to users of SmartCast Products, which include the SmartCast TV app and the SmartCast Mobile App.
This SmartCast Supplement also applies to any other service that directly links to this SmartCast Supplement.
Third Parties. SmartCast Product users should also be aware that some of the content, applications and advertisements accessible through a SmartCast Product may be provided by third parties even where the items appear to be hosted by VIZIO, such as content you stream by interacting with SmartCast Products. When you access these third parties’ online content or services or view their advertisements, your information, including Personal Information, may be transmitted to them under the terms of your agreements or relationships with them. The policies described in this VIZIO Privacy Policy do not apply to these third parties, which may have their own privacy policies.
Viewing Data (formerly known as “Smart Interactivity”). All SmartCast TVs and video displays come equipped with an Automated Content Recognition (“ACR”) feature on VIZIO internet-connected devices that, if enabled, recognizes publicly-available onscreen video and audio content (Viewing Data). Prior to collecting Viewing Data on SmartCast video displays, each device will receive a notification explaining the nature and purpose of the feature, separate and apart from this privacy policy. Viewing Data will only be collected from units that choose to “AGREE” to collection and use of Viewing Data. Thereafter, you will have the option to change the setting for Viewing Data collection directly from the Settings menu of your SmartCast TV or video display.
III. What information do SmartCast Products collect?
For SmartCast users uniquely, VIZIO potentially collects the following types of data, in addition to the data described in the main Privacy Policy (which you should also review):
- Personal Information that you supply to us, such as name or contact information you provide when you register your SmartCast Product (including your e-mail address), create a myVIZIO account onscreen, or in the SmartCast Mobile App, link an existing myVIZIO account to the SmartCast Mobile App, create a SmartCast profile name, or complete a survey, enter a contest, or purchase products or services;
- Setup / Operational Data. As with any internet-connected VIZIO Smart TV or video display product, VIZIO separately collects the IP address of the unit and information about the unit (including device identifiers) in order to provide firmware upgrades to the unit and to fulfill user requests to connect the device to the internet or to other internet-connected devices (such as speakers, tablets, or smartphones). VIZIO also collects the description or “friendly name” of the device (e.g. Living Room TV) that you assign when you set up your VIZIO TV or video display.
- Activity Data is the information about your interactions with the SmartCast Product, including:
- Apps and programming content selected (clicks) or ads viewed (impressions) on a SmartCast Product; information collected from sources other than the SmartCast TV or video display itself, such as the SmartCast Mobile App; or as shared by certain cable or satellite providers with whom we have relationships; or as may be shared with VIZIO by the select third party applications installed on or integrated with the SmartCast Product (subject to their privacy policies and agreements with you);
- information concerning the use and performance of your SmartCast Products, including programming choices selected, the date and time of these choices, user-initiated searches, content you browse while using the SmartCast Product, or other commands communicated to a SmartCast TV or video display through the SmartCast IR Remote or SmartCast Mobile App. (NOTE: The SmartCast Remote and Mobile App also has a voice recognition feature that allows users to initiate voice commands, which are translated to text, and used to search the SmartCast database. User commands, however entered, are recorded as Activity Data.);
- your interactions with advertising and content on your SmartCast Product; and
- data related to preferences and usage.
- During the setup process for your SmartCast Mobile App, you will be presented with various methods for logging in. If you log into the SmartCast Mobile App by creating a new myVIZIO account or by logging into your existing myVIZIO/Fandemonium account, Activity Data collected from the SmartCast Mobile App will be associated with your myVIZIO account profile.
- Non-Personal Information that is collected as you use the SmartCast Product. We collect Non-Personal information such as the unique identifiers of your VIZIO products or other products connected to the SmartCast Products, your IP address, and Wi-Fi access points. These may be associated with Activity Data or, when and if activated on your device, Viewing Data collected through the ACR (Viewing Data) feature.
- Viewing Data collected via the ACR feature (formerly referred to as “Smart Interactivity”). Another way VIZIO may learn what content is playing on a SmartCast TV or video display is by collecting information from the device through Automated Content Recognition (ACR) technology. As noted above, SmartCast TV and video displays have a feature that if and when activated, allows the collection of Viewing Data, which can collect and analyze video and audio content on such a device. Prior to collecting Viewing Data on SmartCast Products, each unit will receive a notification, explaining the nature and purpose of the feature, separate and apart from this privacy policy. Viewing Data will only be collected from units that choose to “AGREE” to collection and use of viewing data. Thereafter, you will have the option to change the setting for Viewing Data collection directly from the Settings menu on your SmartCast TV or video display.
- Social Networking sites. If you choose to log-in, access or otherwise connect to the SmartCast Mobile App through apps such as Facebook or Google+, we may collect your user name associated with that social networking service, as well as any information you agree to release when logging in using that social networking service. If you sign up for myVIZIO with your Facebook or Google+ account and opt in, the information that you permission will be associated with your myVIZIO account.
- Location data collected directly from the SmartCast Product used to derive zip code, but does not store your precise location (for example, street address).
- Use with Other VIZIO Products. Where you use multiple VIZIO products and services (i.e., sound bars or speakers as well as Smart Products), VIZIO may combine or link information collected from these various properties and use the information for the purposes outlined in the VIZIO Privacy Policy, including this SmartCast Supplement and (when and if the ACR feature is activated) the “Viewing Data Supplement to the Privacy Policy.”
- Use of third party voice activated devices. You can control your SmartCast TV or video display when its connected to a third party, voice activated internet-connected device using certain predefined voice commands. We may collect and share the “friendly name” of your device with the third party to pair the SmartCast TV or video display with the third party device and enable its services. We may also collect and use commands sent from voice activated device to the SmartCast TV or video display. User commands, however collected, are stored and used as Activity Data. We do not record your voice or verbatim text. Voice commands and data may be collected and used by the third party apps associated with your voice activated device (subject to the third party privacy policies and agreements with you). You should review the privacy policies of these applications to learn more about their privacy practices, which may differ significantly from VIZIO's.
IV. Use of SmartCast Information
We use the information collected from or about SmartCast users or their devices to provide SmartCast services to you, create new products and services, send you information about VIZIO products and services, answer questions from customers (i.e., for troubleshooting), and personalize and recommend content. We may also use Activity Data that we collect to determine how often content is viewed on third-party apps and provide summary reports to third-party advertisers. For example, SmartCast Products are equipped with data analytics software. VIZIO may share information collected from the SmartCast Product (clicks and impressions in onscreen apps, for example) in a summary (non-personal or anonymous) form with our application partners, content providers, or other third parties with whom we have a relationship. When we report on advertising clicks and impressions, we do not provide any personally identifiable information about our users to third-party advertisers.
When Viewing Data collection is enabled through our ACR feature, we use SmartCast Activity Data together with Viewing Data to generate statistics and summary reports, support audience measurement products, and determine which programming and commercials are being watched. This assists us or our partners or business customers in determining the programming that should be delivered; informing us, advertisers, and programmers how many impressions were received; and making programming and advertising more relevant to consumers, which may include serving more targeted advertisements through SmartCast Products.
V. Controls and options available to SmartCast users
You are not required to create a personal account to use your SmartCast Products. You may use your SmartCast Products and services (a) without registering the product to your name and email address, (b) by using the SmartCast Mobile App in “guest” mode, and/or (c) without using the SmartCast Mobile App at all. As described below, in Guest Mode, we may nonetheless build a history of your interactions with a SmartCast Product even though we do not know who you are. Users of SmartCast Products and services have a number of ways to control Personal Information, Activity Data, or (when and if enabled) Viewing Data collection:
- SmartCast Mobile App – Guest Mode. You can operate your SmartCast Mobile App in guest mode. To do so, pair the tablet that may be included in the box or your own device with the SmartCast video display, and choose to proceed in the SmartCast Mobile App in “guest” mode. In that circumstance, we will create a “guest” profile and deliver personalization of content and other SmartCast Mobile App features and functionality, but we will not associate your Activity Data or (when and if enabled) any Viewing Data (collected via the ACR feature also known as “Smart Interactivity”) with any myVIZIO account or user profile name.
- SmartCast TV or Video Display – Guest Mode The SmartCast TV app only operates in guest mode. Prior to collecting Activity Data, the SmartCast TV app display will receive a notification explaining the nature and purpose of the Activity Data collection, separate and apart from this privacy policy.
- Disabling ACR/Viewing Data. Prior to enabling Viewing Data collection on your SmartCast TV or video display, we will request your express acknowledgment and acceptance. Only upon acknowledgment and acceptance will we collect Viewing Data from your SmartCast product. Each unit will receive a notification, explaining the nature and purpose of the feature, separate and apart from this privacy policy. Viewing Data will only be collected from units that choose to “AGREE” to collection and use of Viewing Data. Thereafter, at that time, and any time after, you will have the option to change the setting for the ACR feature/Viewing Data collection off or on. Disabling Viewing Data will not, however, affect or limit Activity Data collection through the SmartCast Product.
VIEWING DATA SUPPLEMENT TO THE PRIVACY POLICY
Viewing Data -- Overview
Like many internet-connected TVs, VIZIO Smart TVs or other display units are equipped with Automated Content Recognition (ACR) technology that (when enabled) is able to use video and audio data to recognize what is playing on the TV and send information back to VIZIO about what is showing (“Viewing Data”).
- This feature was formerly called “Smart Interactivity,” but we are referring to the feature in our policies and settings today and in the future as “VIEWING DATA.”
- You have the option to turn this feature off at any time directly from the Settings menu of your TV or video display.
- Viewing Data will only be collected from units that choose to “AGREE” to collection and use of Viewing Data. Thereafter, at that time, and any time after, you will have the option to change the setting for the ACR feature/Viewing Data collection off or on. Disabling Viewing Data will not, however, affect or limit Activity Data collection through the SmartCast Product. Reminder for SmartCast Product users: Viewing Data may be combined and associated with a myVIZIO account name if you create one or link to it. Please review the SmartCast Supplement for further information.
- The information we collect about what is playing on the TV or video display will be used by VIZIO in the aggregate to help improve the design of our products, software and services, and by media companies and advertisers to gain insights at a summary level about programming and ad effectiveness.
- Viewing Data may also be used to tailor the ads or content you see on devices that share the same IP address as the VIZIO device.
- VIZIO’s data partners are sometimes authorized to enhance Viewing Data with household demographic data and other online and offline data (e.g. purchases, location, and other consumer behaviors they have separately collected, including on devices also associated with the same IP Address as the VIZIO products).
This Privacy Policy may be modified from time to time as new features and functionality become available.
What is Viewing Data?
For VIZIO devices that have agreed to Viewing Data collection, VIZIO will use ACR technology to collect data about what is playing on the VIZIO device, including the identity of your broadcast, cable, satellite TV provider, and the audio and video programming content and commercials viewed (including time, date, channel, and whether you view them live or at a later time). VIZIO will also collect the identity of an Over the Top (OTT) device and third party services or applications (such as streaming service providers) that you connect to. Video and audio analysis and data collection using ACR is referred to as “Viewing Data.” Except when specifically authorized by SmartCast Product (SmartCast TV app or SmartCast Mobile App) users as described in the SmartCast Supplement to the Privacy Policy, the Viewing Data collected by VIZIO is not associated with name or contact information, even if you register your VIZIO product for registration purposes. Instead, Viewing Data is paired with IP address or unique device identifiers.
The ACR software also periodically collects other information about the TV, including IP address and the media access control (“MAC”) addresses of available access points. Viewing Data is maintained and used in an unidentified format, and VIZIO does not attempt to re-identify the data to associate it with individual customers and prohibits its authorized data partners from attempting to do so as well.
At any time you may turn this ACR functionality on or off from the Settings menu of your VIZIO TV or video display. Turning it off will not affect the performance of your VIZIO TV or video display or any online services. For specific instructions on how to turn off or on the ACR feature that collects Viewing Data, see the text below under the heading “How you can control the collection of Viewing Data."
How Is Viewing Data Used and Shared?
At VIZIO, we associate Viewing Data and other data about the performance, settings, or features of particular VIZIO devices to deliver optimal customer support services and to help marketers deliver more relevant advertising.
VIZIO also licenses TV viewing history (Viewing Data) for a fee to select data partners for specified purposes through written agreements which strictly prohibit attempts at identification or re-identification of shared information.
Summary Analytics and Reports. Our select data partners may analyze Viewing Data in order to create summary reports and analysis to use internally or to help deliver relevant information and advertising to groups of customers that may be most interested in this information and advertising. When we license Viewing Data for this purpose, in all cases, we never share your name or contact information with these data partners, and these data partners are strictly prohibited from attempting to re-identify individual customers. These summary reports are instead built from an automated analysis of individual data elements, without connecting individual viewing behaviors or other data to any known natural person. For example, advertisers want to measure and understand the effectiveness of their promotions, in the aggregate. Thus, a VIZIO data partner may identify another device that shares an IP address with the TV or video display and analyze, (a) whether a particular website was viewed or commercial location visited by a device with location tracking enabled (e.g., a smartphone) after a related promotion was viewed, (b) whether a particular program was viewed following exposure to a promotion for that program. In addition, some data partners are authorized to use a third party data aggregator to identify demographic traits (such as gender or age range or income range) associated with the IP addresses that VIZIO collects, and then send to the data partners the demographic information associated with those IP addresses.
Audience Measurement. VIZIO and these select data partners also use Viewing Data to understand what customers watch in order to deliver more relevant content and advertising, for example, by determining which programs are most popular, how many people watch a program to its conclusion, and whether and how often people are watching commercials. VIZIO and these select data partners may also combine Viewing Data with other demographic and similar information, including by working with data aggregators.
Tailored Advertisements. VIZIO also licenses Viewing Data to select data partners for the purpose of targeting advertising to other digital devices that share the IP address of VIZIO TVs, based on viewing history collected from that TV. VIZIO Data partners are sometimes authorized to enhance Viewing Data with household demographic data and data about digital actions (e.g. digital purchases and other consumer behavior taken by devices associated with the IP Address we collect), for the purpose of delivering relevant advertising to these associated devices.
VIZIO does not permit data partners (nor itself directly) combine or associate the Viewing Data with Personal Information. (Reminder for SmartCast Mobile App users: Viewing Data may be combined and associated with a myVIZIO account name if you create one in the SmartCast Mobile App or link to it. Please review the SmartCast Supplement for further information.)
REMINDER: You always have the option to control the collection of Viewing Data in your TV or video display’s Settings menu. Viewing Data collection is only enabled if a user AGREES to this collection. However, for a period of time you may continue to see tailored ads on other devices that were targeted on the basis of Viewing Data that was shared before you turned off collection.
Disabling the Video ACR (Viewing Data) feature in the Settings Menu will not, however, affect or limit Activity Data collection through SmartCast Products, which is used to personalize and recommend content within the SmartCast Product or SmartCast Mobile App. Refer to the “SmartCast Supplement.”
How Does VIZIO Protect Viewing Data?
VIZIO first protects the Viewing Data by not combining or associating the Viewing Data with Personal Information, even if VIZIO has collected Personal Information from other sources, such as an online purchase, or product registration. VIZIO also protects the Viewing Data by requiring the third parties who analyze or use the Viewing Data to employ reasonable security measures.
Even though the Viewing Data does not contain Personal Information, VIZIO encrypts the transmission of Viewing Data to its select data partners over the internet.
How Can I Turn Off or On the Viewing Data (ACR) Feature?
At any time you may turn ACR (Viewing Data) collection off or on directly from the menu of your VIZIO TV or video display. Turning ACR (Viewing Data) off will disable all future Viewing Data collection.
For textual as well as graphical instructions on how to turn Viewing Data (ACR) off or on, visit http://www.vizio.com/viewingdata. If you are unable to locate the Viewing Data setting on your VIZIO TV or video display, contact VIZIO customer service by emailing techsupport@vizio.com or calling (855) 472-8817. Please note that if your TV or video display is ever reset to factory settings, the device will return to its default settings, and Viewing Data will be reset to the “OFF” position. You may again turn the feature on by following the procedure described above.
Turning the Viewing Data (ACR) feature off or on will affect only the TV or video display where you have made that selection. However, even if it is turned off, VIZIO may still collect other information when you separately provide such information to VIZIO, such as when you submit a support request or participate in a promotion, and VIZIO may still collect information from other sources as described elsewhere in this Privacy Policy.