Terms and Conditions

AGREEMENT TO BE BOUND

The www.sling.com website and domain, and any other features, content, services or applications offered from time to time by Sling Media, Inc. (“Sling”) in connection therewith (collectively "Website") are owned and operated by Sling. BY USING THE WEBSITE IN ANY MANNER, INCLUDING VISITING OR BROWSING THE SLING.COM DOMAIN, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“AGREEMENT”) AND SLING’S PRIVACY POLICY POSTED AT http://www.sling.com/info/privacy_policy, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. UNLESS OTHERWISE AGREED BETWEEN SLING AND YOU, THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF IMAGES, VIDEO, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.

MODIFICATIONS TO THIS AGREEMENT

SLING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES, AND THE LATEST VERSION WILL BE AVAILABLE AT http://www.sling.com/info/terms_and_conditions. THIS AGREEMENT, TOGETHER WITH ANY OTHER LEGAL NOTICES POSTED BY SLING ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SLING CONCERNING THE WEBSITE.

WEBSITE ACCESS; YOUR ELIGIBILITY

Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Sling hereby grants you permission to use the Website only as set forth in this Agreement.

You represent and warrant that (a) all registration information you submit is accurate and truthful; (b) you will maintain the accuracy of such information; and (c) you are of legal age to agree to these terms and conditions or you have your parents' or guardian’s permission to do so.

In order to access some features of the Website, you will have to create a membership account. You may never use another's account, username or password without permission or otherwise impersonate anyone else or disguise your location or identity (e.g., by internet protocol address spoofing). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sling immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject this Agreement when you register or when you use certain Sling products or services. You agree that any requirement that you do so does not in any way vitiate your assent to comply with this Agreement. Although Sling will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sling or others due to such unauthorized use.

Sling reserves the right to suspend and/or discontinue any aspect of the Website in its sole discretion at any time without notice.

INTELLECTUAL PROPERTY RIGHTS

Except to the extent User Submissions (as defined below) are (a) entirely owned by you or (b) licensed to you and sublicensed to Sling under Section 5.3 below, the content on the Website, including the text, software, scripts, graphics, files, images, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are (as between you and Sling) owned by Sling. Content and Marks are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Sling and its licensors reserve all rights not expressly granted in and to the Website and the Content.

USER SUBMISSIONS; LICENSE GRANT TO SLING

The Website permits the submission of commentary, images, videos and/or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You expressly agree that any such submissions are not confidential and may be publicly available.

You agree that Sling has no liability with respect to any User Submissions, including your own submissions, and you hereby irrevocably release Sling and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.

By submitting the User Submissions to Sling, or displaying, publishing, or otherwise posting any content on or through the Website, you hereby do and shall grant Sling a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website and Sling's (and its successors and assigns) business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Website a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. For clarity, the foregoing license grant to Sling does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).

Sling reserves the right to decide whether Content or a User Submission is inappropriate or violates this Agreement or any other agreement by which Sling may be bound, including because of copyright infringement, violations of intellectual property law, obscene or defamatory material, or excessive length. Sling also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including User Submissions), or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Sling assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.

YOUR REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree to each of the following:

Your use of the Website will at all times be solely for your personal, noncommercial use, unless expressly authorized in writing by Sling. Prohibited commercial uses include sale of access to the Website, such as Sling’s embeddable media player, use of the Website for the purpose of generating revenue for you or any third party, and any other use that Sling determines, in its sole discretion, competes with Sling or diminishes the market for the Website.

Except as specifically enabled through the proper operation of the Website in accordance with this Agreement, you will not copy, perform, display, distribute or otherwise exploit any part of the Website (including any Content or User Submissions) in any medium.

You will not alter or modify any part of the Website other than as expressly authorized, and then only for such express purpose.

You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with (i) the security or integrity of the Website, (ii) the proper operation of the Website, or (iii) any features that are intended to prevent or restrict use, copying, distribution or other exploitation of any Content or User Submissions or enforce limitations on use of the Website or the Content or User Submissions therein. Such prohibited violations include accessing videos for any purpose or in any manner other than "streaming" (i.e. other than for real-time viewing, such as by copying, storing, permanently downloading, or redistributing such videos), and aggregating multiple video clips of the same program to recreate that program in its entirety.

You will not post advertisements or otherwise use the Website for solicitations of business without Sling’s prior written consent.

You will not collect or harvest any personally identifiable information, including account names, from the Website.

You will pay all applicable fees and you will not circumvent or manipulate our fee structure or billing process.

You will not publish falsehoods or misrepresentations that could damage Sling or any third party.

You will not post User Submissions in an inappropriate category or area on the Website.

You will not submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable.

You own or have the necessary licenses, rights, consents, and/or permissions to use and authorize Sling to use (whether under law, by contract, or otherwise, including fair use rights) each and every User Submission (and all portions thereof) and to enable inclusion and use of such User Submissions in the manner contemplated by the Website and this Agreement.

You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or third party User Submissions in any way that violates any right of any third party.

You will not use or launch any automated system, including "robots," "spiders," "offline readers" and the like, that accesses the Website in a manner that sends more request messages or other content or information to Sling servers in a given period of time than a single human can reasonably produce in the same period by using the applicable portion of the Website.

Your User Submissions will not contain restricted or password only access pages or hidden pages or images.

You will not otherwise violate any laws, third party rights, this Agreement, or our policies.

Sling reserves the right in its sole discretion and without warning to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Sling's sole discretion, violates this Section 6 or any other aspect of this Agreement, including to report you to law enforcement authorities or third parties that may be harmed by your behavior and to delete your profile and all associated Content and User Submissions.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notification of Claimed Infringement. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (by email, fax or regular mail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Sling to locate the material (for example, you should submit the URL of the html page that plays a single video when identifying such video as infringing);

Information reasonably sufficient to permit Sling to contact you (email address, phone number and mailing address is preferred);

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may email your notice of claimed infringement to DMCA@slingmedia.com, subject line “Sling Media – DMCA Notice”

You may also send your notice of claimed infringement by regular mail, with the subject line “Sling Media – DMCA Notice,” to:

Sling Media, Inc.

DMCA Notice

770 Broadway

Suite 214
New York, NY 10003


Finally, you may fax your notice of claimed infringement to (646) 495.6134, subject line “Sling Media - DMCA Notice”

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Once proper notice is received by the Designated Agent as described in this Section 7.1 above, it is Sling’s policy to remove or disable access to the infringing material and to take reasonable steps to promptly notify the subscriber or user that Sling has removed or disabled access to the infringing material.

You hereby agree that you shall not assert any claim against Sling or its affiliates, officers or directors with respect to such material unless and until: (1) you have fully completed the process set forth under Section 7.1 above; and (2) Sling has failed to remove the offending material within thirty (30) days after such notification without a reasonable explanation for its failure to do so.

Procedure to Supply a Counter Notification. If you believe that the material that was removed or to which access was disabled pursuant to Section 7.1 above is either not infringing, or that you have the right to copy, distribute, display perform or otherwise exploit such material (e.g. from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, including fair use rights), you may send a written counter notice (by email, fax or regular mail) containing the following information to the Designated Agent listed above:

your physical or electronic signature;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Sling may be found, and that you will accept service of process from the person who provided notification under Section 7.1 above or an agent of such person.

You may email your counter notification to DMCAfollowup@slingmedia.com, with the subject line “Sling Media – DMCA Counter Notification, Ticket #XXXXXXXX” (please include your unique ticket number issued by Sling)

You may also send your counter notification by regular mail, with the subject line “Sling Media – DMCA Counter Notification, Ticket #XXXXXXXX” (please include your unique ticket number issued by Sling), to:

Sling Media, Inc.

 DMCA Counter Notification

 770 Broadway
Suite 214

 New York, NY 10003

Finally, you may fax your counter notification to (646) 495.6134, with the subject line “Sling Media – DMCA Counter Notification, Ticket #XXXXXXXX” (please include your unique ticket number issued by Sling)

Upon receipt of a counter notification described above, it is Sling’s policy to promptly provide the person who provided the notification of claimed infringement with a copy of the counter notification, and inform that person that it will replace the removed material or cease disabling access to it in 10 business days. Further, it is Sling’s policy to replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Sling’s system or network.

Sling’s Policy. It is Sling's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed; (2) accommodate and not interfere with standard technical measures (as defined in the DMCA); and (3) remove and discontinue services to repeat infringers. You agree that, if your account is terminated pursuant to Sling’s repeat infringer policy, you will not attempt to establish a new account under any name, real or assumed, and further agrees that if you violates this restriction by opening a new account after being terminated pursuant to this policy, you will indemnify and hold Sling harmless for any and all liability that we may incur.

Designated Agent. Sling's Designated Agent to receive notifications of claimed infringement is Frank Conway, (646) 495-6132, DMCA@slingmedia.com, 770 Broadway, Suite 214, New York, NY 10003.

THIRD PARTY WEBSITES

The Website may contain links to third party websites that are not owned or controlled by Sling. When you access third party websites, you do so at your own risk. Sling encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Sling has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in or transactions completed on any third party websites. In addition, Sling will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve Sling from any and all liability arising from your use of any third party website.

TERM

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your account at any time by following the instructions on the Website. Sling may terminate your access to the Website or your membership at any time, for any reason, and without warning.

SLING’S WARRANTY DISCLAIMER

Sling has no special relationship with or fiduciary duty to you. You acknowledge that Sling has no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website and its affiliated services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Sling from all liability for you having acquired or not acquired content through the Website. The Website may contain, or direct you to sites containing information that some people may find offensive or inappropriate.

TO THE FULLEST EXTENT PERMITTED BY LAW, SLING, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF (INCLUDING CONTENT AND USER SUBMISSION), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN ADDITION, NEITHER SLING NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.

THE WEBSITE IS CONTROLLED AND OFFERED BY SLING FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SLING MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOUR INDEMNITY OBLIGATIONS

You agree to defend, indemnify and hold harmless Sling, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including attorneys' fees) arising from: (i) your use of or access to the Website (including Content and User Submission); (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including any trademark, copyright, publicity, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

LIMITATION OF SLING’S LIABILITY

IN NO EVENT SHALL SLING, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, IN NO EVENT SHALL SLING, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMOUNTS IN THE AGGREGATE EXCEEDING FIVE HUNDRED DOLLARS (U.S. $500), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT SLING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ASSIGNMENT

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Sling's prior written consent. Sling may freely transfer, assign, or delegate this Agreement and any of its rights or obligations hereunder.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Sling in any respect whatsoever. If there is any dispute about or involving the Website, in whole or in part, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts of competent jurisdiction located in San Mateo County, California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sling's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The word “including” and its derivatives are used in an illustrative sense and not in a limiting sense. YOU AND SLING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.