Terms and Conditions

SiliconDust Website Terms of Service

By using or accessing any part of the www.silicondust.com, www.hdhomerun.com, or any regional / global url of the same, or those websites run by or for SiliconDust USA Inc. (collectively, the “Service”), you are agreeing to these Terms of Service and all other policies or notices posted by us on our websites (collectively, the “Terms”). If you don’t agree to the Terms, don’t use the Service. We reserve the right to change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create binding legal agreement between you and SiliconDust USA Inc. (“SD”). You may not accept these Terms or use the Service if you are not of legal age to form a binding contract with SD.

Use of Service

All HTML, content, messages, text, files, images, photos, graphics, photo slideshows, tags, interactive features, video, sounds, software, profiles, works of authorship, or any other materials (collectively, “Content”) that are made available on the Service are the property of SD or its content suppliers. Except as set forth below or as specifically authorized in other sections of the Service, SD strictly prohibits redistributing or copying of any part of the Service or Content on the Service without written permission from SD. SD authorizes you to display on your computer, download and print pages from the Service provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. You may not frame or utilize framing techniques to enclose any aspect of the Service (including images, text, page layout, or form) without express written consent. SD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Copyright Infringement Claims found below.

Software Use

Any software (“Software”) that is made available to you to download, use and/or purchase from the Service is the copyrighted work of SD and/or third parties. Your use of the Software is governed by the terms of the end user license agreement that accompanies or is included in the Software (“License Agreement”). SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.

Privacy

Your use of the Service and SD’s use of your personal information is governed by SD’s privacy policy, which can be found at https://www.silicondust.com/privacy-information/

Trademarks

SiliconDust, HDHomeRun, the SiliconDust logotype, the HDHomeRun logotype, icons, service names, product names and designations associated with SiliconDust and SiliconDust USA Inc. and appearing in connection with the Service (collectively, the “Marks”) are trademarks, registered trademarks or trade dress of SD in the U.S., Canada and/or other countries. The Marks may not be used in connection with any product or service that is not SD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SD. You may not use any meta tags or any other “hidden text” with any of the Marks without the express written consent of SD. If you have any questions about the use of these Marks please contact us at Website@silicondust.com. All other trademarks not owned by SD that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SD.

Responsibility for Minors

In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICES MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.

Linking and Downloads

The Service contains (or you may be sent through the Service to) links to other websites (“Third Party Sites”). Such Third Party Sites are not investigated, monitored or checked for accuracy by SD, and SD is not responsible for any Third Party Sites accessed through the Service, including the content, ownership, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Your use of the Third Party Sites is at your own risk.

Rules of Conduct

Your use of the Service is subject to all applicable local, state, provincial, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Service is a violation of criminal and civil laws. SD reserves the right to seek damages from any such person to the fullest extent permitted by law.

Prohibited Conduct

You agree not to post or transmit through the Service any material or content that violates or infringes in any way the rights or properties of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on or in connection with the Service that restricts or inhibits any other user from using or enjoying the Service by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Service. You may not post or transmit through the Service advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You may not harvest or collect information about Service users without their express written consent.

Registration and Electronic Communications

If you are required to create an account or complete a registration process to enter or use a portion of the Service, you agree (i) to provide SD with accurate, complete and current information; and (ii) to update your information to keep it accurate, complete and current. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof. You may not select a user name that impersonates someone else, is vulgar or offensive, is or may be illegal, may be protected by trademark or other proprietary rights, or may cause confusion. SD reserves the right to reject any user name in our sole discretion. You agree not to sell or transfer your use of or access to the Service or permit anyone else to use the Service through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify SD of any unauthorized use of your account or any other breach of security. SD will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission. Further, by creating an account or completing a registration, you understand that SD may send you information via email regarding the Service, including but not limited to: a) notices about your use of the Service, b) updates to the Service, and c) promotional information regarding SD’s products. You may opt-out of receiving email from us by following the opt-out instructions provided in the message.

Monitoring

SD has the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms and any other operating rules established by SD. SD has the right in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on the Service that it finds to be in violation of these Terms or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on the Service. You acknowledge and agree that SD does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.

Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information that you provide to us (“Feedback”) shall not be regarded as confidential. SD has no obligation of any kind with respect to any Feedback. SD shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, SD shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Procedure for Making Copyright Infringement Claims

If you believe that something on our Service violates your copyright, please notify us via email. The contact information is at the bottom of this section. In order for us to take action, you must do the following in your notice: provide your electronic signature; identify the copyrighted work that you believe is being infringed; identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it; provide us with a way to contact you, such as your address, telephone number, or e-mail; provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Email: Website@silicondust.com

Forums and Chat Rooms

Users of SD’s chat rooms, forums or other interactive services (the “SD Communities”) are expected to adhere to the guidelines below. Any user failing to comply with these Terms may be expelled from the SD Communities, and SD may terminate or restrict such user’s accounts. In addition, SD may remove any Content provided by you that violates these Terms or is otherwise objectionable, in SD’s sole discretion. No child under the age of 13 may participate in any SD Communities, including all chat rooms and forums offered throughout the Service. Please read all the Prohibited Conduct described above before using the SD Communities, and, without limiting any other prohibitions or rules contained in these Terms, keep in mind the following: All information you submit in registering must be true, accurate, current, and complete (apart from optional items). Do not upload, post, email, otherwise transmit or post links to any content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable. Do not stalk or otherwise harass other users. Do not upload, post, email, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity. Do not upload, post, email, otherwise transmit or post links to any Content that exploits the images of youth under 18 years of age, or that discloses personally identifying information belonging to anyone under 18 years of age. Do not impersonate any person or entity, including, but not limited to, a SD official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Do not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges. Do not disobey any SD hosts, moderators, or other SD employee or representative or interfere with any action by any SD host or other SD employee or representative to redress any violation of these Terms. Do not access any SD Communities after your account or access has been terminated by SD. Do not upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking. Do not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including without limitation SD hosts.

Export Control

You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and/or other U.S., Canadian and foreign agencies and authorities that may apply to the Service and/or Content. SD makes no claim that Content contained on the Service is appropriate or may be downloaded, streamed or otherwise accessed outside the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.

Indemnification

You agree to defend, indemnify and hold SD and its subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of your use of the Service (including any submission of Content by you).

Disclaimer

THE SERVICE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY “MATERIAL”) OR SERVICES AVAILABLE AT THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED, USED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR ALL DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR DOWNLOAD OF ANY MATERIAL. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, SD MAKES NO EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SD DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, SD MAKES NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE MATERIAL OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LAWS OF CERTAIN JURISDICTIONS (FOR EXAMPLE, CERTAIN STATES IN THE UNITED STATES AND, IN CANADA, QUEBEC’S CONSUMER PROTECTION ACT) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law; Arbitration; Waiver of Claims

All legal issues arising from or related to these Terms or the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California, without regard to any conflict of laws rules. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate SD’s intellectual property rights, SD may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes. You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against SD unless such claims are asserted by you in the forum required by this Agreement no later than one year following the date that your claim or cause of action arose. Because some jurisdictions do not permit certain choice of law, jurisdiction, arbitration, venue, waiver and similar terms, these requirements may not apply to you.

Program Information

Some video information, imagery and EPG (Electronic Program Guide) data available through SiliconDust is provided by FYI Television, Inc. Portions of this content are copyright © of FYI Television or its providers.

Updated: July 30, 2015

The Terms of Service may be changed at any time, with or without notice to you. Please check this Terms of Service agreement periodically for any amendments or changes.