Terms of Use & Purchase

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between JadooTV, Inc. (“JadooTV”), a California corporation, on the one hand, and you, on the other hand, with respect to your use of the JadooTV.com Website, the JadooTV Service, and any videos, software, data feeds, information, text, graphics, files or other materials or services (the “Content”) displayed or accessible through the JadooTV Website and the JadooTV Service (collectively, the JadooTV Website and the JadooTV Service are referred to herein as the “Services”). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to JadooTV’s privacy policy, found at http://jadootv.com/privacy-policy, which may be modified by JadooTV at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or JadooTV’s latest privacy policy, please do not use the Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

1. change the terms and conditions of this Agreement;
2. change the Services, including eliminating or discontinuing any Content or other feature of the Services; or
3. deny or terminate your use of and/or access to the Services.

Any change(s) we make will be effective immediately upon our making such change(s) to the Services, or any Content therein, or otherwise providing notice thereof. You agree that your entering, re-entering, accessing, re-accessing or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Registration and Passwords

Some Services may require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You understand that any information you provide will be treated by JadooTV in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify JadooTV of any unauthorized use of your password. JadooTV reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Use of the Services

You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of JadooTV and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content

These Terms of Use do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. JadooTV and its licensors reserve the right to change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time without notice in its sole discretion. In no event will JadooTV be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. JadooTV may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. You understand that by using any of the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that JadooTV shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that JadooTV is not responsible for examining or evaluating the content or accuracy, completeness or authenticity of any Content. JadooTV, its officers, affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. By accessing or using the Services, you acknowledge that JadooTV makes no representations or warranties with regard to the appropriateness or accuracy of the Content available therein.

Acceptable Use Policy

You agree not to use the Services to take any action(s) that:

are contrary to JadooTV’s public image, goodwill, or reputation;
infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are endorsed by JadooTV, without our prior written consent in each instance;
violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content;
sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of JadooTV or its licensors or suppliers;
involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
harvest or collect information about users or members of the Services without their express consent.

Improper use of the Services and/or Content may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.

JadooTV will have the right to investigate and prosecute violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. JadooTV may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that JadooTV has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Information about JadooTV’s Repeat Infringer Policy is contained on its Copyright Policy page (http://jadootv.com/copyright).

Third Party Links

The Services may contain links to third-party websites for your convenience. We do not control these third-party websites or the content provided through such websites, and we have not reviewed, in their entirety, and we assume no responsibility for, such websites or their content, privacy policies, or practices. By using the Services, you expressly relieve JadooTV of any and all liability arising from your use of any third party website. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.

Ownership

The Services are owned and operated by JadooTV, and the Services (and any intellectual property and other rights relating thereto) are and will remain the property of JadooTV. The Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by JadooTV or, if so indicated in writing by JadooTV, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services. All rights not expressly granted hereunder in and to the Services are hereby expressly reserved to JadooTV.
Product names, logos, brands, and other trademarks featured, or referred to, on the Services, are the property of their respective trademark holders. These include, but are not limited to, JadooTV, YouTube, and CinemaNow. Except for JadooTV, trademark holders are not affiliated with JadooTV or its products, promotional materials, or Services, nor do they sponsor or endorse JadooTV.

Ability To Accept Terms Of Service

You further affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

In any event, you hereby warrant and represent that you are over the age of 13, as these Services are not intended for children under 13. If you are under 13 years of age, then please do not use these Services.

JadooTV does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act; we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as reasonably practical.

It is up to parents to properly supervise their children’s online activities. JadooTV wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).

Term & Termination

This Agreement is effective from the date that you first access the Services or submit any information to JadooTV, whichever is earlier, and shall remain effective until terminated in accordance with its terms. JadooTV may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all JadooTV rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate JadooTV to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

The Services Are Provided “As-Is”

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JADOOTV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JADOOTV MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JADOOTV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

Indemnification

You agree to fully indemnify, defend, and hold JadooTV, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services..

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JADOOTV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JADOOTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT JADOOTV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, JADOOTV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF JADOOTV TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JADOOTV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.

Waiver

The failure of JadooTV to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by and interpreted in accordance with the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Santa Clara County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between JadooTV and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between JadooTV and you regarding the Services.

Contact

If you have any questions about these Terms of Use, please contact JadooTV at support@jadootv.com

TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR JADOOTV PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “JADOOTV PRODUCT” IS THE JADOOBOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE JADOOTV PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU ANDJADOOTV, INC. (“JADOOTV”) GOVERNING YOUR USE OF THE JADOOTV PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED JADOOTV SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE JADOOTV PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR JADOOTV PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE JADOOTV PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE JADOOTV PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE JADOOTV PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED JADOOTV PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM JADOOTV FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.

License

(a) Subject to the terms of this Agreement, JadooTV grants you a nonexclusive, nontransferable right to use the Software solely on a single JadooTV Product on which it was originally installed. (b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. JadooTV retains ownership of all copies of the Software, and JadooTV reserves all rights not expressly granted to you. The rights granted herein are limited to JadooTV ‘s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of JadooTV and its licensors.
Open Source Software

Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by JadooTV on its web site. JadooTV is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified JadooTV Software or its use on JadooTV Products. Consent to Use of Data

You agree that JadooTV and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. JadooTV shall use customer information in accordance with its Privacy Policy, which can be found at http://jadootv.com/privacy-policy and which may be modified by JadooTV at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of JadooTV ‘s Privacy Policy.

JadooTV Service Terms of Use

The Software may enable access to JadooTV Service. By using this Software in connection with the JadooTV Service, you agree to and must comply with the latest terms of use for the JadooTV Service.

Refund Policy (Only applies to customers who bought their box from www.jadootv.com)
If you are the original purchaser of the JadooTV Product and are not satisfied with the JadooTV Product, you may email us at refund@jadootv.com for a Return Material Authorization (RMA) request within fourteen (14) days of receiving your JadooTV product. In the email, please include your original JTV order number and order date. JadooTV will then provide you with a RMA number and an address where you may send the JadooTV Product. You have another fourteen (14) days to return the product before the RMA number expires. The product and all its accessories should be returned undamaged and in the original packaging. If you are eligible for refund, you will receive the original product purchase price (including any sales tax and excluding any costs of shipment and handling). JadooTV does not provide return labels and is not responsible for return cost. If you return the product in bad condition or with missing items, we will charge you additional fees. JadooTV is not responsible for lost or damaged packages. Separately purchased accessories (QWERTY Remote Control, Wireless N Key Adapter) are not refundable.

Warranty Statement

Limited Warranty and Jadoo5 Box Extended Warranty. The length and start date of your limited warranty (the “Warranty Period”) on JadooTV products and accessories varies by product, and can be determined by using the table below. JadooTV warrants to you that, for the length of the Warranty Period, your JadooTV Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and JadooTV‘s entire liability under this warranty will be for JadooTV at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser. The extended 24-month warranty extends only to the J5 Box, all other JadooTV Products and Accessories are subject to the limited warranty indicated below.

  Warranty Warranty Begins
Jadoo5 Set-top Box 24 -months from date of product registration by original end-user purchaser
Jadoo Bluetooth Headphones 12 -months from date of purchase by original end-user purchaser
All other JadooTV Products 12 -months from date of product registration by original end-user purchaser
Accessories (cables, power adaptors, remote controls, wireless usb devices, webcams) 90 -days from date of purchase by original end-user purchaser

Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- JadooTV products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by JadooTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JadooTV; (e) to a product or part that has been modified, except by JadooTV; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any JadooTV serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.

JadooTV Warranty Policy & Procedures:

1- Get RMA Number from JadooTV:

If a defect arises during the Warranty Period, contact JadooTV Support as set forth on www.jadootv.com in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE.

2- Return the RMA Unit to JadooTV

If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to JadooTV.

3- Terms and conditions to avail the warranty:

If the new unit you purchased from our website has a hardware fault and does not work on arrival, JadooTV will replace the box at no cost and will pay the shipping both ways.
If there is a hardware or software fault with in the warranty period, JadooTV will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to JadooTV. JadooTV pays for shipping from JadooTV back to you only.
If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from JadooTV to you and an inspection fees of $50.
In case You send us a working product with out any issues during the warranty period, JadooTV will charge you $50 as inspection fees. You are responsible for shipping defective product to JadooTV. JadooTV pays for shipping from JadooTV back to you only.
Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges.
After warranty period, or if you do not have proof of purchase, no matter when you purchased the product, the service of the JadooBox will not be free of cost. In that case, you are required to pay for shipping the defective product back to JadooTV and also pay for shipping from JadooTV back to you along with the service charges.

Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- JadooTV products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by JadooTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JadooTV; (e) to a product or part that has been modified, except by JadooTV; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any JadooTV serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY JADOOTV, ITS SUPPLIERS AND LICENSORS. JADOOTV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL JADOOTV, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JADOOTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of JadooTV, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Restrictions

The Software and technology in the JadooTV Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of the United States (U.S.). You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. JadooTV and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Government End Users

The Software and related documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein.

Microsoft technology

Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The JadooTV Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this JadooTV Product is prohibited without a license from Microsoft.
MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice

To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by JadooTV. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.