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Privacy, Service, Warranty, and Licenses
166
Chapter 9
any telephone or broadband service charges incurred as a result of
using or accessing the TiVo service and acknowledge and agree that
you shall be solely responsible for all disputes with any telephone
company or Internet service provider related to the same.
10 Payment Authorization. If you choose a subscription option with
recurring payments, you agree that TiVo may automatically charge
the subscription fee to your credit or charge card at the beginning of
each period. Your TiVo service access will not be established until
TiVo has verified that the credit card information you provide us for
payment is accurate and that your credit card account is in good
standing. TiVo may, as necessary, extend the expiration date of your
credit card in order to ensure continued service. TiVo may, at its
discretion, change the TiVo service fees from time to time, and charge
fees (which TiVo may also change) for features and functionalities
that are not a part of the TiVo service. TiVo will notify you 30 days in
advance of any fee changes or new fees; you may obtain the fees
currently in effect at any time by contacting TiVo Customer Support
at 1-877-367-8486. TiVo reserves the right to suspend or terminate
your TiVo service without notice upon rejection of any credit card
charges or if your card issuer (or its agent or affiliate) seeks return of
payments previously made to TiVo when TiVo believes you are liable
for the charges. You agree to pay a late charge on all amounts due
which remain unpaid for 30 days. The late charge will equal 1.5% of
the past due amount, or the highest rate allowed by law, per month
until paid. Such rights are in addition to and not in lieu of any other
legal right or remedies available to TiVo. TiVo reserves the right to
refer your account to a third party for collection in the event of an
ongoing default.
11 Using the TiVo Service. You may access and use the TiVo service
only with a TiVo DVR that is authorized to receive the TiVo service
and you agree not to tamper with or otherwise modify your TiVo
DVR. Among other things, this means that you may access and use
the program guide information only on a TiVo DVR that is authorized
to receive it. The TiVo service is provided for your personal, non-
commercial use, and may not be resold, in whole or in part. Except as
expressly provided in this Agreement, you may not transfer the TiVo
service. By using the TiVo service, you agree to receive all software
updates and upgrades that TiVo sends to your TiVo DVR. If your
TiVo DVR accesses the TiVo service (regardless of your payment or
subscription status), you acknowledge and agree that you are a user of
the TiVo service and are bound by the terms of this Agreement.
12 Advertising and Promotions. The TiVo service is advertiser
supported. The hard disk drive of your TiVo DVR contains reserved
space in addition to the advertised recording capacity. TiVo reserves
the right to send content (including advertising and promotional
material) to such reserved portions of your TiVo DVR's hard disk
drive as part of the TiVo service. In order to send such content, you
agree that TiVo may tune your TiVo DVR to a particular channel at a
particular time.
13 Definition of Product Lifetime Subscription. A “Product
Lifetime Subscription” to the TiVo service covers the life of the TiVo
DVR you buy–not the life of the subscriber. The Product Lifetime
Subscription accompanies the TiVo DVR in case of ownership
transfer. The subscription remains in effect if the TiVo DVR needs to
be repaired or replaced due to a malfunction (see manufacturer or
retailer warranty details) or even if you upgrade your TiVo DVR to
increase storage capacity (though such upgrades, if not performed by
a TiVo-authorized third party, will void the warranty on your TiVo
DVR and constitute a breach of this Agreement). Because a Product
Lifetime Subscription is linked to a particular TiVo DVR, you may
not transfer it to any other TiVo DVR unless all the following
conditions apply: (a) the TiVo DVR is being replaced pursuant to the