Welcome to this Smart TV powered by the V operating system (collectively referred to in this agreement as the “Device”). Capitalized terms are defined in Section 1 (“Important Definitions”) below.
This End User License Agreement (“EULA”) governs and regulates the use of the Device and the use of Smart Services (defined in Section 1 below) available through it. This is a legal agreement between the end user (referred to as “you” or “your”) and V America Operations Inc. and our affiliates and subsidiaries (referred to as “V,” “we,” or “us” or “our”).
Jurisdiction-Specific Rights. Certain rights, disclosures and obligations described in this EULA apply only to the extent the relevant law applies to you, which may depend on where you reside and/or are located and other connecting factors under applicable law. Where a particular law does not apply to you, you may not claim rights or benefits under that law, without prejudice to any mandatory rights that apply to you under the laws of your jurisdiction.
IMPORTANT NOTICE FOR RESIDENTS OF NORTH AMERICA REGARDING ARBITRATION: THIS EULA CONTAINS A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE REVIEW SECTION 19 BELOW FOR DETAILS ABOUT ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION) AND THE CLASS-ACTION WAIVER.
LEGAL AGREEMENT AND USE OF THE DEVICE’S SMART SERVICES
Please read this EULA carefully. By using the Device and installing, accessing and/or using the Smart Services, or any other internet-connected features or functionality made available on your Device, you agree to be legally bound by and abide by this EULA. Your use of the Device and/or the Smart Services indicates that you have read and accepted this EULA and any other applicable terms. If you do not agree to the terms of this EULA, you will not be able to access or use the Smart Services in connection with the Device.
By using the Device and/or the Smart Services, you also acknowledge our Privacy Policy (available at https://www.v-home.com/privacy, or within the “Settings” menu of your Device), which governs the collection and use of your Personal Data.
Additional information regarding the European Data Act (Data Act) and data generated through the use of the Device and the Smart Services by users located in the European Union, including information made available pursuant to applicable data access and transparency requirements, is provided in V’s Data Act Notice (available at https://www.v-home.com/data-act-notice/ and, where applicable, through the Device).
Please note as part of your use of the Device and/or Smart Services, you may access Applications, Materials, or services offered and controlled by unaffiliated third parties, whose practices may be governed by a separate privacy policy and/or terms of use. You should review the applicable privacy policies and/or terms of use of any third-party service providers or third-party Applications whose Smart Services you access via the Device or Services.
V TV OS END USER LICENSE AGREEMENT
“Application(s)” means an embeddable, downloadable and/or executable software application (or link to such an application) owned by us or a third party and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including, but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in the future.
“Data Act” means Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonized rules on fair access to and use of data, as amended, supplemented or replaced from time to time, and any implementing or successor legislation.
“Data Act Data” means product data and related service data as defined in the Data Act that V is required to make available to Device users or third parties pursuant to applicable data access laws. Data Act Data is further described in V’s Data Act Notice, which may be subject to updates from time to time. Please note that Data Act Data does not include data that falls outside the scope of such laws, including proprietary data, trade secrets or other data protected by intellectual property or confidentiality obligations.
“Device” means a Smart TV that uses the V operating system and any other device used to interact with a Smart Service powered by the V operating system.
“Intellectual Property Rights” means all legal and beneficial title and/or interest in all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks, trade names, rights to domain names, rights in get-up and trade dress, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications, rights to apply for and obtain, and renewals or extensions of, rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Materials” collectively means any Content, Submitted Content (where applicable and as defined below), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.
“Personal Data” refers to any information that identifies or could be reasonably linked to an individual or household. The definition of Personal Data (used interchangeably in this EULA with the term “Personal Information”) depends on the applicable law based on your physical location or residence. Only the definition that applies to your physical location or residence will apply to you under this EULA or our Privacy Policy, which is available at https://www.v-home.com/privacy.
“Smart Service(s)” means the access to Applications and Materials (including Content within an Application) that we or third parties make available through a Device. Whenever you use an Application on a Device using the V OS, you are using a Smart Service, though in many cases the Application is provided by a third party.
“Viewing Data” means information such as the programs, commercials, and channels you view, as well as the date, time and duration of the viewing on your Device. It also includes device and usage information; log data about your use of Applications and Smart Services; user ID or other identifiers; your Device’s IP address; product registration data; geolocation or information that can be used to derive geolocation; your viewing history; behavioral and demographic information; and various identifiers (such as genre, language, ratings and country) for Content or advertising.
From time to time, we may directly offer and make available to you certain Smart Services. Your use of Smart Services is subject to and contingent upon your acceptance of the terms of this EULA. Smart Services may be provided locally subject to local laws and regulations, and, depending on your residence, location and network availability, the types and levels of the Smart Services available may be limited. The EULA for the use of such Smart Services is subject to relevant local, country and regional laws and regulations. Smart Services are provided for use by you (or your household) in connection with your use of the Device. You may not use any Smart Services in a manner that has not been expressly authorized in this EULA. Without limiting the foregoing, except as expressly permitted by this EULA and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Smart Services accessed through this Device, or any Content or other Materials provided through a Smart Service.
Smart Services are intended for use by persons eighteen (18) years of age or older, or the age of majority in your jurisdiction, if different. If you are under the age of eighteen (18) (or the applicable age of majority), you may only use Smart Services with the involvement, supervision, and consent of a parent or legal guardian.
Additional Requirements for Younger Users:
If you are not at least eighteen (18) years of age or older, or are not of the legal age of maturity in the jurisdiction in which you reside, then a parent or legal guardian must accept this EULA on your behalf and provide any required consent.
By using any portion of the Smart Services, you accept this EULA and are certifying that you are at least eighteen (18) years of age, or that you have obtained the necessary parental or guardian consent. Any use of any Smart Services by any individuals under the required age without proper parental consent and supervision, shall be considered a violation of this EULA.
If we learn that we have collected Personal Data from a child under the applicable age (13 in the US, 16 in the EU, or such other age as required by local law) without the required verifiable parental consent, we will take steps to delete that information as quickly as possible. If you believe we have collected information from a child without proper consent, please contact us immediately at privacy@v-home.com.
The use of any portion of the Smart Services is restricted solely to personal/household uses, and no other uses are permitted.
In the course of your use of the Device and the Smart Services, data is generated. V uses such data to operate, maintain, support, improve and develop the Device and the Smart Services, including for research and development purposes. Where necessary, such data may be shared with affiliates and service providers acting on V’s behalf, subject to appropriate contractual safeguards.
Data generated through the use of the Device and the Smart Services includes Personal Data, Data Act Data, as well as data that remains proprietary to V or third parties. Except where required under the Data Act and applicable data privacy laws, users have no right of access to, or use of, data that falls outside the scope of Data Act Data or data subject to applicable data privacy laws, this may include proprietary data, trade secrets and data protected by intellectual property or confidentiality obligations.
Users who have the right to receive access to Data Act Data via the means provided in the Data Act Notice may (i) access Data Act Data for their own use, (ii) share Data Act Data with third parties established in the European Union of their choosing, or (iii) request V to make Data Act Data available to third parties designated by the User. When sharing Data Act Data with third parties, the User shall ensure that any confidentiality requirements and technical protection measures communicated by V, including in this EULA, are respected by such third parties. Users may also designate a third party to act on their behalf when exercising their rights under this clause. When V makes Data Act Data available directly to third parties, this may be conditional on remuneration and contractual restrictions to be agreed between V and the third party. Disputes with regard to Data Act Data access will be governed by dispute settlement as referenced under Section 19Error! Reference source not found..
Please note that undertakings designated as gatekeepers pursuant to Article 3 of Regulation (EU) 2022/1925 (Digital Markets Act) are not eligible third parties under the Data Act and may not receive Data Act Data through the data sharing mechanisms established in this EULA.
Data Act Data made available to users or to third parties under the Data Act is commercially sensitive and may be used only for lawful purposes and in accordance with the Data Act. In particular, such data may not be used to develop or support products or services that compete with the Device or the Smart Services, nor to derive insights into V’s or its partners’ economic situation, assets or production methods. Access to, or sharing of, Data Act Data may be restricted or refused where permitted under the Data Act in order to protect the security, integrity or safety of the Device or the Smart Services, or to safeguard trade secrets or confidential information. Where the User or a third party receiving Data Act Data from or through the User does not comply with these provisions, V may: (I) require the User or the third party, as applicable, to erase all Data Act Data received and any copies thereof, (ii) require the User or the third party to cease production, offering or use of any goods, derivative data or services produced using such data, (iii) suspend or terminate the User’s access to Data Act Data, and (iv) claim compensation from the User or the third party, as applicable, for any harm suffered. These remedies are cumulative and without prejudice to any other rights available to V under applicable law.
WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT ANY USE OF ANY SMART SERVICES IS IN VIOLATION OF THIS EULA, INCLUDING BY CREATING ACCOUNTS WITH FALSE INFORMATION.
Smart Services that require a fee may not be accessed by persons who have not paid the appropriate fee. In situations where registration, creation of a user account, and/or a fee is required for the Smart Services offered or provided by the provider or licensor of such Smart Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies and terms and conditions of such Smart Services provider or licensor.
All Smart Services may be changed, suspended, removed, terminated or interrupted, or access may be denied, blocked or disabled at any time, without notice, and we make no representations or warranties that any Smart Services will remain available for any period of time. All Materials are transmitted by means of networks and transmission facilities over which we have no control. We may impose limits on the use, disabling, removal or suspension of any Smart Services at any time, without notice or liability. We may impose limits on the use of, or access to, certain Smart Services in any case and without notice or liability.
Your Device comes with a number of Applications and Smart Services that are pre-loaded and install automatically when you setup the Device, including, where available, HbbTV channels or Applications. Additional Applications may be added by us from time-to-time. You agree to the installation of these Applications and Smart Services, together with any related program guides, information and data. You are not required to use any particular Application or Smart Service, whether pre-loaded or subsequently added. All third-party Smart Services provided via the Device are managed and controlled by their respective owners. We are not responsible for any third-party Smart Services, which may be modified, removed, deleted or changed, with or without notice by their respective owners. Any questions or requests for service relating to such Smart Services should be made directly to the respective third-party Smart Services providers, and not to us.
We reserve the right to update, upgrade or otherwise modify (collectively, “Update(s)”) the V OS included with any Device at any time. Critical security updates may be applied automatically to protect your Device, but where feasible, we will provide you with the option to choose whether to install Updates that introduce new features or materially change existing functionality. Updates are generally intended to enhance the features and functionality of your Device, make your Device more secure, and provide or maintain compatibility with Applications, including third-party Applications. We will make reasonable efforts to preserve any preferences or other settings you may have personalized on your Device so they will be available after the Update, but this will not always be technically feasible. Updates will be made through your Internet connection and, depending on how you pay for Internet service, you may incur data usage charges related to the Update. Understand that data usage for Updates is typically very small when compared to the streaming of Content. Updates will not remove purchased or paid features without prior notice. If you disable, prevent or otherwise fail to accept any Update, we or third-party Application providers may refuse to provide you with Smart Services. If you decline a non-security related Update, certain features or Smart Services may not function properly, or at all.
The following applies to the creation and use of a V Account (“V Account” and “V Account Service”), whether created or accessed through your Device or on our website at https://my.v-home.com, and to any correspondence or dealings between you and us with regard to the V Account Service. Creating a V Account is not required but is highly recommended. With a V Account, you will be able to customize your experience with our streaming Applications by setting favorites and preferences, use your smartphone to control your V Device (after downloading the V smartphone App), and link to third party services like voice services (such as Alexa, Google Smart Home, etc.). Creating a V Account may also allow you to transfer your custom settings to a new V Device.
For the avoidance of doubt, creating a V Account is not required in order to exercise any rights to access or share Data Act Data under the Data Act or to exercise any rights afforded by applicable data privacy laws. However, please note that not having a V account may impact the amount of Data Act Data that V can access. Where necessary, V may request reasonable information solely to verify that a requester qualifies as a legitimate user of the Device or Smart Services, in accordance with the Data Act and applicable law.
Please read the following Account Terms before creating a V Account or using the V Account Service. Creating a V Account or using the V Account Service indicates that you accept these Account Terms and, further, that you accept that the V Account Service will be provided pursuant to these Account Terms which form an agreement between you and V.
Access to certain portions of the Smart Services through the Device or Applications may require registration and creation of a user account and/or a fee. Such registration and creation of a user account or payment of a fee may need to be completed on a webpage run by us (or an affiliate of ours) or by a third party (including a payment gateway provider). Such registration may require providing Personal Data to us or third parties (e.g., choosing a unique, secret password that may not be shared with others). Any Personal Data provided by you to us will be processed in accordance with our Privacy Policy (available at https://www.v-home.com/privacy,during your Device’s first setup process or by visiting your Device’s “Settings” menu). The Personal Data you provide for registration must be complete and accurate. You shall not use any third-party Personal Data to create an account in connection with the use of the Smart Services, and you are not allowed to access others’ accounts. We are not responsible for use or misappropriation of any other’s Personal Data to access the Smart Services.
As between you and us, we own all right, title and interest in and to our owned Applications and the V OS, and each respective third-party Application owner owns all right, title and interest in and to their respective third-party Application, including, without limitation, all applicable Intellectual Property Rights or other proprietary rights in the Application throughout the world, regardless of whether registered or legally secured. Some third-party Application owners allow us to sublicense their Applications to you; otherwise, your license to use a third-party Application will come directly from the owner of the Application. Subject to the respective license agreements between us and the respective third-party Application owner, and your full compliance with this EULA, we grant to you a non-exclusive, limited, non-transferable and personal license (without the ability to sublicense) to download and/or use the Applications we are permitted to sublicense (other than any third-party Application which is governed by its own and separate license terms and conditions) to display, receive or otherwise use (only to the extent permitted in each case) the Smart Services through the Application from your Device only. No other rights to the Application are granted. The scope of rights for Smart Services shall be subject to the terms and conditions of the respective Smart Services and other licensing requirements and restrictions otherwise imposed or required by the relevant Smart Services providers. All rights including all Intellectual Property Rights in the Applications and the Smart Services remain our property or that of the relevant licensors or owners of the Application or the Smart Services. Any breach of this EULA will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Application and the Smart Services may take further legal action if necessary.
Voice recognition is a service that allows you to use natural language processing to control certain features of your Device with your voice. This service (“Voice Service”) may also allow you to access and control other voice-enabled and compatible devices connected to the same account. Your use of Voice Services requires your explicit, opt-in consent, which you may withdraw at any time as described below. Depending on the make and model and the country in which your Device was purchased, your Device may be equipped with V Voice Service, or Voice Service may be available through a link to a third-party platform, such as Amazon Alexa Service, Google Smart Home Service, Yandex Smart Home service, or other compatible voice recognition platform. Voice Services are not enabled automatically. You must opt in to enable Voice Services on your Device. If you elect to use a third-party voice recognition platform, you will be required to create a V Account (or log into a pre-existing V Account) by entering your email address or mobile phone number and a password in order to link your third-party platform account with your V Account. If you choose to skip the account set up/link process, certain functions will be limited.
If you elect to use Voice Services, you understand and agree that we will collect, use and store voice transcripts for implementing your intent in controlling your Device, as described in our Privacy Policy. These voice transcripts will be retained in accordance with the retention periods described in our Privacy Policy. If you elect to use a third-party voice recognition platform to control your Device, then we will also collect and store the username (or phone number) associated with your account with such third-party platform. V does not create “voiceprints” or use someone’s voice to specifically identify a person.
For full details on the data collected, used and disclosed through your use of V’s Voice Service, please review our Privacy Policy (available at https://www.v-home.com/privacy, during your Device’s first setup process or by visiting your Device’s “Settings” menu).
If you choose to link your V Account to a third-party voice recognition platform, please be aware that your interactions with that platform will be governed by the third party’s privacy policy and terms of service. We encourage you to review those policies carefully before linking your accounts.
Your continued use of our Smart Services, including your continued use after any changes to the EULA as noted below, will constitute your acceptance of the new EULA and your agreement to abide and be bound by any modifications to them. You or any third party (directed by you) may not display, copy, store, modify, sell, trade, resell, reproduce, publish, broadcast, redistribute or make derivative works of any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from us or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law. Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible. Likewise, if we suspect or become aware that you have obtained your Device through illicit means, including but not limited to via theft or through purchasing known stolen goods, we reserve the right to deactivate your Device remotely at any time.
You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any other unlawful material, or any information that may negatively impact our reputation, goodwill and/or the Smart Services, nor for any commercial purposes. Except as expressly permitted by this EULA, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer and/or tamper with the V OS or any Application or transmit hidden or malicious code or to collect information of other users through the Application(s). You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the V OS or any Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Smart Services or its servers or to unreasonably affect others’ enjoyment of the Smart Services in any way. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any of our controlled servers; or 4) to any of the Applications, Materials, or other services offered on or through the Smart Services.
For the avoidance of doubt, nothing in this Section 8 is intended to restrict or limit any mandatory rights of users under the Data Act, including the right to access or share Data Act Data generated through the use of the Device and the Smart Services, as described in this EULA and in V’s Data Act Notice. Any restrictions in this Section 9 apply only to the extent permitted under the Data Act or other applicable law.
WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES IN OUR SOLE DISCRETION FOR LEGITIMATE BUSINESS REASONS AND AT ANY TIME AND WITHOUT NOTICE OR LIABILITY.
Any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device, through any linked equipment, such as a mobile phone, or the Smart Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations. We also reserve the right to disclose your Personal Data as necessary to any third party who claims that any Submitted Content constitutes an infringement of third-party Intellectual Property Rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit or otherwise use such Submitted Content in any manner, create derivative works thereof or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content from the smart systems, and any other our systems, for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent or objectionable.
We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third-party Intellectual Property Rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Smart Services. We assume no liability for such Submitted Content, and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on or through your Device or the Smart Services. We reserve the right to remove Submitted Content that may be infringing on another person’s Intellectual Property Rights with or without notice to the infringer and in accordance with applicable laws.
You understand and agree that the Smart Services may include certain communications from us or third parties such as update announcements, administrative messages and other materials (“Communications”). As those Communications are part of the Smart Services, you may not opt out of receiving them.
Certain Materials may not be suitable for minors or other users. Such Materials may not be rated or identified as being unsuitable. Therefore, you understand and agree that you are using the Materials at your own risk and that we shall have no liability to you for any unsuitable Materials that are displayed.
The Device may enable you to interact with, link to or associate third parties providing Smart Services that are not owned, controlled or operated by us. This access or interaction with third-party Smart Services that you request will typically require that the third party obtain certain information about your Device that the Smart Services provider deems necessary to deliver the service you have requested. This necessary Device information may include (but is not limited to) information that identifies your Device, including device identification information such as IMEI number and product serial number, advertising ID and IP address, operating system version number, non-precise geolocation, and any name you have associated with the Device. Third-party Applications may collect additional information related to your use of their Application. When you use your Device to connect to a third-party Application, you (and not V) will be sharing information with that Application. Any data generated or collected by third-party Applications acting as independent data holders and to which V has no lawful access is not covered by V’s Data Act Notice or V’s Privacy Policy and is governed by the applicable third party’s terms and policies.
We are not responsible for the functionality, quality or content of third-party Smart Services, and we do not assume any obligation to review any third-party Smart Services. You expressly acknowledge and agree that collection of information from your Device by third-party Applications, and your use of, linking to or accessing any third party Smart Services is entirely at your own risk, and it is your responsibility to view and abide by the terms of use, privacy policies, and any other policies applicable to such third-party Smart Services.
V is committed to respecting your privacy and the confidentiality of your Personal Data. We employ administrative, technical and physical security measures designed to help protect your information. To exercise applicable privacy rights or to learn about how we protect and handle your Personal Data and other information when you use our Smart Services, website and other services, please visit our Privacy Policy, available at https://www.v-home.com/privacy.
The V operating system and Smart Services are supported by advertising. As part of your use of the Device, you will see advertisements displayed in various locations, including but not limited to the home screen, launcher interface, and during content streaming (“V Advertising”). This advertising enables us to offer Smart Services and helps support the development and improvement of the V platform.
Non-Personalized Advertising. Advertisements that are not targeted to you specifically (e.g., not based on your Personal Data). These ads may be based on general factors such as the time of day, general geographic region, or the type of content being displayed.
Personalized Advertising. Advertisements targeted to you based on your interests, viewing habits, and other Personal Data. Personalized advertising requires your explicit opt-in consent and is described in Section 15 (Enhanced Viewing Service and Automated Content Recognition) below.
Please note that third-party applications (such as streaming services you access through your Device) may display their own advertisements, which are controlled by those third parties and governed by their own privacy policies and terms of service. V does not control third-party advertising within third-party applications.
Please Note: EV Service is not available in all areas nor in all makes and models of Devices. It may not currently be available on your Device, even if you opt-in to the EV Service. If EV Service is not currently available in your location, the EV Service features will not be delivered to your Device. If you do opt in, and your Device supports it, EV Service will be activated automatically once EV Service is available in your location. The EV Service uses Automated Content Recognition (“ACR”) technology, which works by analyzing and matching onscreen audio sounds that come from your Device (such as a TV show’s dialogue or a movie streaming from an Application or music playing during a commercial) against an extensive database of programming Content. ACR technology only operates when you have enabled the EV Service; no ACR data is collected when the EV Service is disabled. When the Content is recognized, we can use this ACR data for Content recommendations, advertising and, where available, to automatically optimize your picture quality based on the type of Content you are watching (e.g., optimizing the picture mode to watch sports versus a movie).
Data generated through the EV Service may include Data Act Data and may be made available to users in accordance with V’s Data Act Notice. Any other data generated or derived in connection with the EV Service, including advertising data, analytics, audience segmentation, or other inferred or derived data, does not constitute Data Act Data, remains proprietary to V and/or its partners, and is not subject to user access or sharing rights except where required by applicable law. Trade secrets and data protected by intellectual property or confidentiality obligations are not shared.
FOR THE DEVICE, WE (OR THE MANUFACTURER OF THE DEVICE) GRANT TO YOU A SPECIAL WARRANTY TO THE EXTENT AS SPECIFIED AND UNDER THE PREREQUISITES SET IN THE DEVICE WARRANTY CARD. IN CASE OF A DEFECT OF THE DEVICE, YOU ARE NOT ENTITLED TO ANY FURTHER CLAIMS, IRRESPECTIVE OF THEIR LEGAL BASIS, AGAINST US. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR PERSONAL INJURY. FOR THE AVOIDANCE OF DOUBT, THE AFORESAID DOES NOT LIMIT OUR LIABILITY FOR DAMAGES ACCORDING TO MANDATORY STATUTORY PROVISIONS. FURTHERMORE, THE SPECIAL WARRANTY GRANTED BY US DOES NOT EXCLUDE OR LIMIT ANY CONTRACTUAL OR STATUTORY CLAIMS YOU MAY HAVE AGAINST THE SELLER OF THE DEVICE.
The following disclaimers apply to the Smart Services only and do not affect any mandatory consumer protection rights that cannot be excluded or limited under the laws of your jurisdiction, including but not limited to the Consumer Rights Directive (EU), the Consumer Rights Act 2015 (UK), and the Australian Consumer Law. Nothing in this section shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO ANY THIRD PARTY SMART SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY THIRD PARTY SMART SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT OPERATION OF THE DEVICE OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO ASSUME ALL RISKS OF USING THE SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY’S FEES ARISING FROM THE USE OF THE SMART SERVICES AND/OR MATERIALS. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES ON THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE SMART SERVICES AND/OR MATERIALS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS EULA MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US.
YOU UNDERSTAND THAT USE OF SMART SERVICES REQUIRES A CONNECTION TO THE INTERNET AND THAT DATA USAGE CHARGES, CAPS AND OTHER LIMITS MAY APPLY. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. IF ANY PORTION OF THIS EULA ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THIS EULA, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THIS EULA MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.
FOR THIRD-PARTY SMART SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY SMART SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE AVAILABILITY OF SUCH SMART SERVICES.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DEVICE, APPLICATION, CONTENT, SUBMITTED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY RIGHTS OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR SUBMITTED CONTENT) OR OUR LICENSORS.
You agree to defend, indemnify and hold harmless V, our affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the Device and/or Smart Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in this EULA or your use of any information obtained through the Device.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy), whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and your opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief available in a court (including attorney’s fees). You may opt out of this Provision, which would mean that you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing to us at legal@V-home.com the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notifice, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us at legal@v-home.com the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt out of this Arbitration Provision, should you elect to do so, will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline, so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid; consequently, you would have to pursue your dispute in arbitration or small claims court.
For Residents of the European Union. Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION WILL NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
For Residents of the United Kingdom. Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (COMPETENT AUTHORITIES AND INFORMATION) REGULATIONS 2015 (AS AMENDED). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
To the extent permitted by law, this EULA shall be governed by the laws of your country of residence. By accepting this EULA, and by your use of the Smart Services, you agree that the EULA and all other aspects of the Smart Services will be construed in all respects in accordance with the laws of your country of residence.
We may need to comply with the lawful interception and/or data retention requirements of local law enforcement agencies from time to time. We may restrict access to any part of the Smart Services and the Device or terminate your access to the Smart Services, at any time in our sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.
You are not permitted to transfer, assign or otherwise dispose of this EULA which is personal to you, or any of your rights or obligations arising under this EULA without our prior written consent. In connection with a merger, acquisition, corporate reorganization or sale of substantially all of its assets, or to an affiliate or subsidiary. V may assign this EULA without your consent. In all other assignment scenarios, V will provide reasonable notice of the assignment. Any assignment by V will not affect your rights under this EULA.
No waiver of by us of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any our failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
If any provision of this EULA is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the EULA will continue in full force and effect.
This EULA, including all documents incorporated herein, constitutes the sole and entire agreement between you and us with respect to your use of the Device and/or the Smart Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Device and/or the Smart Services.
We may revise and update this EULA from time to time in our sole discretion. All changes will be posted within your Device or through a link to our website: www.v-home.com/privacy. We will provide reasonable notice of material changes to this EULA. They are deemed to be accepted by you unless you have notified us of your refusal within thirty (30) days following the date we provide notice that the EULA was revised or updated. In case of refusal, you can terminate the EULA with immediate effect, in which case you may no longer be eligible to receive Smart Services. In all other cases, the updated EULA applies to all access to and use of the Device and the Smart Services thereafter. You acknowledge and agree that it is your responsibility to review our Smart Services and this EULA from time to time to familiarize yourself with any modifications. For users in jurisdictions where automatic acceptance of terms changes is not permitted by law, your continued use of Smart Services following notice of changes will constitute your acceptance of the modified EULA.
Where permitted under applicable law, your continued use of our Smart Services, including your continued use after any changes to the EULA as noted above, will constitute acknowledgement of the new EULA and your agreement to abide and be bound by any modifications to them.
We may provide you with notices (including notices relating to changes to this EULA or termination of the Smart Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Smart Services.
Please direct any questions you may have regarding this EULA to the local after-sales service center identified in the warranty card inside the box of each Device. You may also contact V through the “Contact Us” tab on the V Customer Support page at www.v-home.com/support.