VIZIO, Inc. (VIZIO) owns and operates a membership program called myVIZIO offered through http://www.vizio.com and the VIZIO SmartCast platform. myVIZIO, and the content, information and other services available at myVIZIO are collectively referred to as the Service.
VIZIO may terminate the Service, in whole or in part, at any time.
Except for those Services made available to non-U.S. Residents, including the SmartCast functionality, 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.
Limit one (1) myVIZIO account per person. If multiple myVIZIO accounts are detected for a single registered member, VIZIO may choose to void such accounts. The authorized 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.
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, Google and Instagram) or credit card information or mobile telephone number. 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.
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.
7. FORUMS / POSTINGS.
The Service may include discussion forums, reviews or other features where members may upload, display or transmit user generated content, materials and other information of interest (User Content).
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.
8. 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 any 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.
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, reviews or other service available on or through the Service, in any manner that:
- 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 myVIZIO 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 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 8.
The decisions of VIZIO with respect to the Service are final and binding in all respects.
9. CONTENT LICENSE TO VIZIO.
By uploading, posting, submitting or otherwise distributing User Content of any kind to 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 myVIZIO, 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 myVIZIO) 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 myVIZIO. Following any such removal, VIZIO will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content at myVIZIO. 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.
10. CONTENT LIMITATIONS AND RELEASE.
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.
You will not post any confidential content or other proprietary information that you desire to (or should) keep secret.
As a condition of participation in the Service, 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 use or otherwise participating in any aspect of the Service.
VIZIO will have no liability for any printing, production, typographical, mechanical or other errors in the Service and/or in a member’s account. VIZIO reserves the right to restrict access to an account in its sole discretion.
11. THIRD PARTY WEBSITES.
The Service may permit users to access myVIZIO from and to link from myVIZIO 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.
The use of any third party sites or services is subject to such third party terms, conditions and restrictions.
12. PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and all content and materials created by or for VIZIO and made available on myVIZIO 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 myVIZIO 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 of any of the User Content, materials or other information of such websites and the Service. Systematic retrieval of data or other content from myVIZIO 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.
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 firstname.lastname@example.org that includes the member's electronic mail address and specifies termination to myVIZIO membership.
14. 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.
15. 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 myVIZIO 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.
16. GOVERNING LAW (Non-U.S. Residents Only).
17. BINDING ARBITRATION; CLASS ACTION WAIVER (U.S. Residents Only).
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.
18. 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 become a member of myVIZIO; (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 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.
19. INTEGRATION AND SEVERABILITY.
20. GENERAL PROVISIONS.
21. COPYRIGHT AND TRADEMARK NOTICES.
VIZIO is the trademark of VIZIO, Inc. The names and logos of VIZIO used in connection with 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.
22. 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:
Mailing Address:VIZIO, Inc.
Attn: Copyright Agent
Irvine, CA 92618
You must provide the following information, which VIZIO may then forward to the alleged infringer:
(1) Identify and describe the User Content or other material on the Service that you believe infringes your content;
(2) Identify and describe where the content that you claim is infringing appeared or is located on the Service;
(3) Provide your address, telephone number and email address;
(4) 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
(5) 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.