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Terms
and Conditions of Use YOUR
USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ATTEMPT TO USE THIS SITE.
This web site, (the "Site"), is published and maintained by
Gemstar Development Corporation (hereinafter “Gemstar”).
When you access, browse or use this Site you accept, without limitation
or qualification, the terms and conditions set forth below.
Rules
for Children (Under Age 13) This
Site does not publish content that is targeted to children.
If you are under 13, do not register for this Site and do not submit any
personally identifiable information to us.
Use
of the Site and Its Contents Your use of this Site is authorized solely for
your noncommercial use. As long as
you comply with these Terms and Conditions of Use, Gemstar grants you a
non-exclusive, non-transferable, limited right to access, privately display and
use this Site, without the use of robots, automated scripts, or agents, for your
own personal, noncommercial use. You
may download one (1) copy only of the Content to be used only by you for your
personal use. If you download
any Content from this Site, you may not remove any copyright or trademark
notices or other notices that go with it. Copying
or storing of any Content for other than personal use is expressly prohibited
without prior written permission from Gemstar or the copyright holder identified
in the copyright notice contained in the Content. You may not distribute, publish, exchange,
modify, sell or transmit anything you copy from this Site by any means or media,
including, but not limited to, any text, images, audio and video, for any
business, commercial or public purpose. You
also agree not to interrupt or attempt to interrupt the operation of this Site
in any way. Privacy Policy By using
this Web Site, you are consenting to the terms of our Privacy
Policy. No Guaranty of Information Contained Herein Gemstar
maintains this Site solely to provide general informational materials on its
business, products and services to the public. Users of this Site are hereby
urged to independently verify any information or other content found on the
Site. Gemstar has taken efforts to place accurate content on this Site; however,
users of this Site should not rely on any information found herein.
GEMSTAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY,
LEGALITY, RELIABILITY OR VALIDITY OF ANY INFORMATION OR OTHER CONTENT FOUND ON
THIS SITE. Information found on the
Site speaks only as of the date the information is issued by Gemstar. After the
date of issuance, information on the Site may become outdated and inaccurate.
Gemstar undertakes no obligation to update information on the Site. You should
carefully check the date of issuance of information contained on the Site. Registration
and Security If you wish to access the Site, you must first
register with the Site. As part of
the registration process, you must provide certain registration information to
us. By entering in such
information, you represent and warrant that (i) you are over 13, (ii) you are
using your actual identity, (iii) any and all information submitted by you will
be accurate, complete, and current, and (iv) you will maintain and promptly
update such information to keep it accurate, complete, and current. In
addition, as part of the registration process, you may select your password and
a user ID. You shall be responsible
for maintaining the confidentiality of your password.
You are responsible for all usage or activity upon access to the Site,
including use of the access by any third party authorized by you to use your
user ID and password. You agree to
notify webmaster@vcrplus.com of any
known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password. Software
Licenses You
shall have no rights to the proprietary software and related documentation, or
any enhancements or modifications thereto, provided to you in order to access
the Site and any or all of it software (such as the “Get the PlusCodes
Software"). You may not sublicense, assign or transfer any licenses granted
by Gemstar, and any attempt at such sublicense, assignment or transfer shall be
null and void. You may not copy,
distribute, modify, reverse engineer, or create derivative works from the Get
the PlusCodes Software. Deactivation
You
may deactivate your registration access to this Site at any time by sending
e-mail to: deactivateme@vcrplus.com.
Your access will be suspended
within 24 hours. Gemstar may, in
its sole discretion, terminate or suspend your access to all or part of the Site
for any reason, including, without limitation, breach or assignment of this
Agreement. Ownership All
materials on this Site, including but not limited to audio, images,
illustrations, software, text and video clips (the "Content"), are the
property of Gemstar or its affiliates or licensors and are protected under U.S.
and foreign copyright, trademark and other intellectual property laws. You may
not use the Content except as expressly specified herein. You agree to follow
all instructions on this Site that limit the way you may use the Content. There
are a number of proprietary logos, service marks and trademarks found on this
Site, including, without limitation, GEMSTAR, VCR Plus+, PlusCode, VCR Plus+ C3,
VCR Plus+ GOLD, VCR Plus+ SIILVER, GUIDE Plus+, TV Guide, TV Guide On Screen and
TV Guide Online. By making them available on this Site, Gemstar is not granting
you any license to utilize those proprietary logos, service marks, or trademarks
other than as may be expressly set forth in the sub-site you are accessing. Any
unauthorized use of the Content may violate copyright laws, trademark laws, the
laws of privacy and publicity, and civil and criminal statutes. Rules for Bulletin Boards and Other User-Supplied Material This
Site may have an area that allows you to "chat" or upload and download
materials. When using any of these areas, you agree not to post, send, transmit,
upload or otherwise publish through this Site, any materials that: (1) interfere
with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene,
offensive or threatening in any way, or are defamatory, libelous, pornographic,
profane; (3) is unlawful or encourages anyone to break the law, or gives rise to
any civil liability; (4) violate anyone's copyright or other property right; (5) interfere
with the privacy of any other user; (6) contain a virus or any other harmful
component; (7) contain false or misleading statements of fact or descriptions of
the origin of the material or the communication; or (8) otherwise fail to comply
with any posted rules regarding the use of such areas. Gemstar’s Rights to User's Material If you
send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions or the like, all
such communications are, and will be treated as, non-confidential and
non-proprietary. Thus, you waive and forever relinquish any claim that any use
of such material violates any of your rights, including moral rights, privacy
rights, proprietary or other property rights, publicity rights, rights to credit
for material or ideas, or any other right, including the right to approve the
way Gemstar uses such material. Any
material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by
Gemstar anywhere in the world, in any medium, forever. Furthermore, Gemstar is
free to use, without any compensation to you, any concepts, ideas, know-how or
techniques contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information. However, you agree and understand that Gemstar
is not obligated to use any such ideas or materials and you have no rights to
compel such use. Transmitted
Material Internet
transmissions are never completely private or secure. You understand that any
message or information you send to this Site may be read or intercepted by
others unless there is a special notice that a particular message (for example,
credit card information) is encrypted (sent in code). Sending a message to
vcrplus.com or Gemstar does not cause Gemstar to have any special responsibility
to you and does not give rise to any duty on the part of Gemstar to you. Links This
Site may contain links to other Internet sites on the World Wide Web. Gemstar
provides such links for your convenience only, and is not responsible for the
content of any site linked to or from this Site. Links from this Site to any
other site do not mean that Gemstar approves of, endorses or recommends that
site. Gemstar disclaims all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site.
If
you are interested in creating hypertext links to this Site, you must contact
Gemstar-TV Guide in order to do so. Contests This
Site may contain contests that require you to send in material or information
about yourself or offer prizes. Each contest has its own rules, which you must
read and agree to before you may enter. Purchases To
purchase products and services on this Site, you understand that you will be
asked to agree to a purchase agreement prior to submitting your order and that
you will not be permitted to make the purchase unless you agree to the purchase
agreement. Availability of Products and Services The
products and services displayed on the Site may not be available for purchase in
your particular location. The reference to such products and services on the
Site does not imply or warrant that these products or services will be available
at any time in your particular location. You should check with your local
Gemstar authorized representative for the availability of specific products and
services in your area. Gemstar Right to Change These Terms and
Conditions of Use or Content on the Site Gemstar
may add to, change or remove any part of these Terms and Conditions of Use at
any time, without notice. Any changes to these Terms and Conditions of Use or
any terms posted on this Site apply as soon as they are posted. By continuing to
use this Site after any changes are posted, you are indicating your acceptance
of those changes. Gemstar may add, change, discontinue, remove or suspend any
other Content posted on this Site, including features and specifications of
products described or depicted on the Site, temporarily or permanently, at any
time, without notice and without liability.
Gemstar may also impose limits on certain features and services or
restrict your access to parts or all of the Site without notice or liability.
IF ANY OF THESE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL
DEACTIVATEYOUR REGISTRATION BY SENDING AN E-MAIL TO: deactivateme@vcrplus.com.
Disclaimer
of Warranties YOUR USE
OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
SITE, GEMSTAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1)
FOR THE ACCURACY, RELIABILITY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE
THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF
VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR
COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM
OR OTHERWISE USE THE SITE. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS WHICH VARY FROM STATE TO STATE. Indemnification You
agree to indemnify, defend and hold Gemstar and all of its agents, directors,
employees, information providers, licensors and licensees, officers and parent,
(collectively, "Indemnified Parties") harmless from and against any
and all liability and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms and Conditions of Use or the foregoing
representations, warranties and covenants. You will cooperate as fully as
reasonably required in Gemstar’s defense of any claim. Gemstar reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of Gemstar.
Limitation
of Liability UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GEMSTAR’S NEGLIGENCE, SHALL
GEMSTAR BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE
OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C)
ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF GEMSTAR
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL GEMSTAR’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00. General
Provisions This
site is operated from the United
States, and Gemstar is not responsible for use of the Site outside of the United
States. These
Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between Gemstar and you with respect to
your use of this Site. Any cause of action you may have with respect to your use
of this Site must be commenced within (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction finds any
provision of these Terms and Conditions of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this agreement, and the remainder of
these Terms and Conditions of Use shall continue in full force and effect. These
Terms and Conditions of Use shall be governed by and construed in accordance
with the laws of the State of California, United States of America, without
reference to its conflicts of law rules. Contact Information Gemstar
welcomes your questions or comments regarding these Terms of Use.
If you have any questions or comments, please contact us at inquiry@vcrplus.com
or postal mail at Gemstar Development Corporation, 135 N. Los Robles Ave., Suite
800, Pasadena, CA 91101.
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