Aurora TV Streaming Terms of Use
The following terms and conditions ("Terms of Use") govern your use of the Aurora by Hickory Telephone Company Application ("AuroraTV" or "App") and the materials accessible within. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE APP.
1. COPYRIGHT
The content of the App, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Hickory Telephone Company and Advanced Telephone Systems, Inc. (collectively referred to herein as “HTC”), TiVo, and the content providers and is protected by U.S. and international copyright laws. Neither the App nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of HTC, TiVo Inc. ("TiVo"), the content providers, and AuroraTV.
2. COPYRIGHT COMPLAINTS
AuroraTV respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact HTC immediately at 724-356-2211.
3. TRADEMARK
AuroraTV and the AuroraTV logo are among the trademarks, service marks, and/or registered trademarks of HTC. AuroraTV's trademarks may be reproduced or used only with AuroraTV's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the App are the property of their respective owners. Their appearance of any mark or logo on the App does not transfer any rights whatsoever in and to such mark or logo to anyone other than the owner of such mark or logo, and you may not reproduce, copy, or otherwise use any such mark without the permission of the owner of such mark.
4. LINKS
The App may contain links to other Web sites operated by third parties. AuroraTV is not responsible for the content or the privacy practices of those third party Web sites. AuroraTV makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the App. AuroraTV provides these links for your convenience only and AuroraTV does not control such Web sites. AuroraTV's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit, including those you access via links from the App. You acknowledge and agree that AuroraTV is not liable for any loss or damage of any kind which may be incurred by you as a result of the availability, accuracy or existence of any websites or resources external to the App, including advertising on the App or on any external websites you access through the App.
5. PRIVACY
To obtain information about how HTC handles information collected in connection with its operation of Web sites such as http://www.hky.com or Apps such as AuroraTV, please refer to the Hickory Telephone Web site Privacy Policy by going to http://www.hky.com/tariffs/ and clicking "CPNI / Privacy and Security Policy
6. DISCLAIMER OF WARRANTIES
THE APP AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY HTC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HTC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CFTV DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE APP, ITS SERVERS, OR MATERIALS AVAILABLE FROM THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL HTC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TiVo WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFTV'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. CHANGES TO SITE
HTC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that HTC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
9. CHANGES TO TERMS OF USE
HTC reserves the right to change or modify without notice any of the Terms of Use at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Web site. Any changes or modifications will be effective upon posting of the new Terms of Use on the Site as revised. Your access to and use of the App following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.
10. APPLICABLE LAW AND JURISDICTION
This agreement shall be governed by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in West Moreland County, Pennsylvania, for all claims arising out of or relating to this agreement.
11. GENERAL PROVISIONS
You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and HTC. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
12. YOUR LICENSE
HTC grants you a non-exclusive limited license to use the App, including accessing and viewing the provider content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
13. REGIONAL SPORTS NETWORKS AND LOCAL AFFILIATES
Your access to regional sports networks, if any, will depend on the location of your device at the time you access the Services. Your access to live Content from local affiliates, if any, will depend on the location of your device at the time you access the Services. For this reason, among others, you will need to share your mobile device's precise location data with us in order for us to provide you with the Services on your mobile device.