Source.

Terms of Service

TERMS OF SERVICE FOR BOXEE SOFTWARE, SITE AND SERVICES

Thanks for using Boxee! For the sake of simplicity and consistency, these Terms of Service apply to all of our members, including those who download our software and those who sign up for a Boxee Online Web account. Accordingly, there are some provisions below relating to the use of our software which necessarily apply only to those of our members who have downloaded the software. All other terms and provisions apply to all of our members.

Important—Read carefully: These Terms of Service for Boxee Software, Site and Services (these "Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and Boxee, Inc., a Delaware corporation, and its suppliers and its licensors (collectively "Boxee") with respect to Boxee software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), the boxee.tv Web site, including all subpages under the Web site (collectively, the "Site") and all other services provided to you by Boxee either through the Software or through Web access to the Site (collectively, the "Services"). These Terms of Service apply to all versions of the Software. By clicking on the "Accept" button or otherwise using or accepting the Software, Site and/or Services, you agree to be bound by the terms of these Terms of Service. If you do not agree to these terms of service, do not click on the "Accept" button and do not use the Software, Site or Services. You agree that your use of the Software, Site and/or Services acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service.

The Software, Site and Services provided to you under these Terms of Service is for your personal and non-commercial use only.

1. Description of Services. Boxee provides you with the capability of playing media from your local network or from the Internet, and share experiences with your friends and the world. Additional features may be added to the Software, Site and Services and made available to you from time to time. You understand and agree that Boxee may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Site and the Services may include advertisements and that these advertisements are necessary for Boxee to provide the Services.

2. Personal License. Boxee grants you a non-exclusive, non-transferable license for the Software to access the Services. Under this license you may only: (i) use the Boxee for your personal and non-commercial use; (ii) make one copy of the Software in machine readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

3. Restrictions. a) You may not: (i) prepare derivative works based on the Software binary; (ii) reproduce the Software binary except as specifically provided in this Agreement; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Software binary or copies thereof in any form whatsoever to any third parties or use the Software binary for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Software binary, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software binary. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the Software binary not expressly granted herein are reserved by Boxee or its suppliers.

b) You agree that you shall only use the Software binary, Site and Services in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Software, Site and Services, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

c) You may not use the Software, Site or Services to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.

d) You may not use the Software, Site or Services to upload, post, e-mail, otherwise transmit, or post links to: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

e) You may not use the Software, Site or Services if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

4. Limited Warranty. Boxee makes and you receive no warranties, express, implied, statutory, or otherwise, and Boxee specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the software or services. Boxee does not warrant that the Software or Services will meet your requirements or that the Software or Services will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

5. Boxee's Right to Terminate or Modify Terms of Service and Services. Boxee may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for the Software, Site and/or Services. Boxee may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event Boxee modifies these Terms of Service, you may terminate your use of the Software, Site and the Services. Boxee may also terminate your right to use the Software, Site and/or Services at any time for any reason. Without limiting the prior sentence, your right to use the Software, Site and Services will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Boxee to effect such an automatic termination. Upon any termination of your right to use the Software, Site and Services, you shall immediately discontinue use of the Software, Site and the Services.

6. Personal Information and Privacy. You are required to have a Boxee account to use the Services. Personal information you provide to Boxee is governed by Boxee's privacy policy (the "Boxee Privacy Policy"). Click here to view the Boxee Privacy Policy. Your election to use the Services, indicates your acceptance of the terms of the Boxee Privacy Policy, so please review it carefully if you have any questions about Boxee's treatment of personal information you provide to us. You are responsible for maintaining the confidentiality of your password and Your Account Information (name and e-mail address). You are responsible for all activities that occur in your account and you agree to notify Boxee immediately of any unauthorized account use. Boxee is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account and password.

7. Title. Title, ownership, rights, and intellectual property rights in and to the Software, Site and Services shall remain in Boxee and/or its suppliers. The Software, Site and Services are protected by the copyright laws of the United States and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

8. Limitation of Liability. to the maximum extent permitted by applicable law, in no event shall Boxee or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the Software, Site or Services, even if Boxee has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Boxee related to these Terms of Service or the Software, Site or Services shall be cancellation of the Software License and Services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed $10.00. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. Indemnification. You agree to hold harmless, indemnify and defend Boxee, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Software, Site or Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of these Terms of Service.

10. Export Restrictions. You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.

11. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable. Developer is Boxee, Inc., 18 Stuyvesant Rd. Montvale, NJ 07645.

12. User Age Restriction. The Services, Software and Site are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.

13. Miscellaneous.

a) No Assignment. The Software and Services are personal to you, and may not be assigned without Boxee's express written consent.

b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of New York, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in Manhattan County, New York. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Boxee's intellectual property rights, or may cause continuing or irreparable harm to Boxee (including, but not limited to, any breach that may impact Boxee's intellectual property rights, or a breach by reverse engineering), Boxee may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Boxee or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Boxee. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.