SlingStudio Web Site Terms of Use

Introduction

These Web Site Terms of Use (these "Terms of Use") govern your access to and use of the Sling Media L.L.C. ("Sling") SlingStudio web site (the "Site"), and any data, text, graphics, or other materials appearing on the Site (the "Content"). Your access to and use of the Site and Content are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site or Content, you agree to be bound by these Terms of Use. The SlingStudio Acceptable Use Policy and the SlingStudio Privacy Policy (the "Related Documents") are incorporated by reference into these Terms of Use.

Please read these Terms of Use carefully before you start to use the Site. By accessing and using the Site (whether as a guest or registered user) you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

You acknowledge and agree that Sling may revise these Terms of Use from time to time in Sling’s sole discretion. All revisions are effective immediately when posted to the Site. By continuing to access or use the Site or Content after Sling makes any such revisions, you agree to be bound by the revised Terms of Use.

Registration and Passwords

Some areas of the Site may require you to register. If you choose to register, you must submit a valid e-mail address and 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 Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions that take place on your account, which require the use of your password, whether or not you have authorized such activities or actions. You will immediately notify Sling of any unauthorized use of your password. Sling reserves the right to refuse providing access to the Site 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 Site and Content

You may only use the Site or Content for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use and the Related Documents. Furthermore, the Site or Content may contain links to other web sites that are completely independent of Sling. Sling makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such web sites. Under no circumstances will Sling be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site. You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. All information Sling or its affiliates collect on the Site are subject to the SlingStudio Privacy Policy. By using the Site or Content, you consent to all actions taken by Sling or its affiliates with respect to your information in compliance with the SlingStudio Privacy Policy. A copy of the SlingStudio Privacy Policy can be found at www.MySlingStudio.com/legal/privacy policy.

General Prohibitions

You agree not to do any of the following while using the Site or Content:

  1. Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability.

  2. Access, tamper with, or use non-public areas of the Site, Sling's computer systems, or the technical delivery systems of Sling's providers or other partners;

  3. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

  4. Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by Sling or other generally available third party web browsers;

  5. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content; or

  6. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.

Sling has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Sling may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the Related Documents. You acknowledge that Sling has no obligation to monitor your access to or use of the Site or Content, but has the right to do so for the purpose of operating the Site, 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.

EchoStar Property

All right, title, and interest in and to the Site and Content, including without limitation, Sling and its affiliates’ names, logos, product and service names, designs and slogans are and will remain the exclusive property of Sling, its affiliates and licensors. The Site and Content are protected by copyright, trademark, patent and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use or the Related Documents, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Content. You may not copy or modify any code used to generate web pages on the Site. You may not use the Site or Content on or in connection with any other web site, for any purpose.

User Contributions

The Site may contain blogs, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Site. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Sling and its affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Sling and our affiliates; and (b) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sling, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Under no circumstances will Sling or its affiliates be responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

You will not claim that any use of such User Contributions by Sling or its affiliates violates your rights, including moral rights, privacy rights, proprietary or other tangible or intangible property rights. Any User Contributions submitted by you to the Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published or sold by Sling or its affiliates. Sling and its affiliates may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any User Contributions.

Sling has the right in its sole discretion to: (a) Remove or refuse to post any User Contributions for any or no reason; (b) Take any action with respect to any User Contribution deemed necessary or appropriate, including (i) if such User Contribution violates the Terms of Use or the Related Documents, (ii) infringes or threatens to infringe any intellectual property right or other right of any person or entity, (iii) threatens the personal safety of users of the Site or the public or (iv) could create liability for Sling or its affiliates; (c) Disclose your identity or other information about you to law enforcement agencies who claim that material posted by you violates another individual's rights, including their intellectual property rights or their right to privacy; (d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or (e) Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use or the Related Documents.

Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLING AND ITS AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SLING AND ITS AFFILIATES MAKE NO WARRANTIES THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SLING AND ITS AFFILIATES MAKE NO WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR CONTENT.

Indemnity

You agree to defend, indemnify, and hold harmless Sling and its affiliates and each of their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, or your violation of these Terms of Use or the Related Documents.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SLING, ITS AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR 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 SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SLING 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 NEITHER SLING NOR ITS AFFILIATES ARE 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, SLING AND ITS AFFILIATES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF SLING AND ITS AFFILIATES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SLING FOR ACCESS TO AND USE OF THE SITE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLING 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.

Termination

If you violate any of these Terms of Use or any of the Related Documents, your permission to use the Site and Content will automatically terminate with or without notice. Sling reserves the right to revoke your access to and use of the Site or Content at any time, with or without cause. Sling also reserves the right to cease providing or to change the Site or Content at any time in its sole discretion and without notice.

Arbitration

  1. Binding Arbitration. You hereby agree to submit any claim, dispute, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any other forum. Arbitration means that any dispute will be decided by an independent arbitrator, and will not be decided in court by a judge or jury. The applicable procedures may be different from procedures followed by a court. In arbitration, there is no right to a jury trial, discovery may be limited, and the grounds for seeking appeal or judicial review of the arbitrator’s award are limited. All arbitration proceedings are final and binding. An arbitrator must honor the terms and conditions of these Terms of Use to the same extent that any court would. This arbitration clause will survive termination of these Terms of Use. This section is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Site or Content. Any dispute or claim made by you against Sling or its affiliates arising out of or relating to these Terms of Use (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration.

  2. Arbitration Procedures. You must first present any claim or dispute by contacting Sling at 1-877-759-3754 (customer care service) to allow us an opportunity to resolve the dispute. If your claim or dispute cannot be resolved within 60 days, then, you may request arbitration for such claim or dispute by sending written notice to Sling Media L.L.C., 9601 South Meridian Blvd., Englewood, CO 80112. Attention: Office of the General Counsel (Fax: 303-723-1699). The arbitration of any dispute or claim will be conducted in accordance with the then-current and applicable rules of the American Arbitration Association as modified by these Terms of Use. Arbitration will take place in Denver, Colorado, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Terms of Use provide, order consolidation, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. However, if the arbitrator enters an award in your favor, you shall be entitled to an award of any reasonable attorney’s fees or other reasonable costs and expenses you incur in the arbitration; provided that, if the settlement or award in your favor is equal to or less than the amount of a written settlement offer made by Sling prior to selection of the arbitrator(s), you shall only be entitled to an award of reasonable attorney’s fees or other reasonable costs and expenses you incurred up to the date of that written settlement offer. The foregoing right to an award of fees, costs, and expenses is in addition to, and does not limit, any such right you may have under the applicable law governing your claim. In any arbitration applying those rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules. Any arbitration will be confidential, and you shall not disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

  3. Costs of Arbitration. Payment of a filing fee is required to commence arbitration. If you commence arbitration against Sling or its affiliates pursuant to this Binding Arbitration clause, and the claim seeks $10,000 or less, Sling will, at your written request, pay the filing fee directly to the American Arbitration Association (the “AAA”) or, if you have already paid it, promptly reimburse you for the amount of the filing fee. In addition, for any arbitration initiated in accordance with this Binding Arbitration provision which does not exceed $10,000, Sling will also pay all other arbitration fees and expenses imposed by the AAA, including administration and arbitrator fees. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Sling may seek reimbursement of any AAA fees and expenses it has paid in your behalf. For any arbitration involving claim(s) for more than $10,000, payment of fees and costs shall be governed by the applicable AAA rules.

  4. Time to Bring Claim or Suit. No arbitration, suit, or action can be brought by you more than one year after the date of the incident alleged to have resulted in the loss, injury, or damage (or, if greater, the shortest duration permitted under applicable law).

  5. Class Action Waiver. TO THE EXTENT ENFORCEABLE UNDER APPLICABLE LAW, NEITHER YOU NOR ANY ARBITRATOR MAY IN ANY WAY JOIN OR CONSOLIDATE ANY CLAIM, DISPUTE, ACTION, CAUSE OF ACTION, ISSUE, OR REQUEST FOR RELIEF THAT YOU MAKE UNDER THIS SECTION OR THAT RELATES TO THESE TERMS OF USE OR THE RELATED DOCUMENTS WITH ANY CLAIM, DISPUTE, ACTION, CAUSE OF ACTION, ISSUE, OR REQUEST FOR RELIEF MADE BY ANY OTHER PERSON OR ENTITY.

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 will remain in full force and affect.

Waiver

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

Entire Agreement

These Terms of Use, including the Related Documents, are the entire and exclusive agreement between Sling and you regarding the Site and Content, and these Terms of Use and Related Documents supersede and replace any prior agreements between Sling and you regarding the Site and Content.

Effective Date: The Effective Date of these Terms of Use is March 1, 2017.