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swiftTV App Terms of Use

Effective Date: June 17, 2022

Alphonso Inc., which does business under the name LG Ads Solutions, provides the swifTV App to users via the various app stores. The collection, analysis, use and reporting of data collected from the swifTV App (and any information collected from other sources that is combined with the swifTV App data), in connection with providing or facilitating provision of video content and advertising, is collectively referred to in this Policy as the “Service”.

The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained within this Terms of Use. This Terms of Use shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published by Alphonso, from time to time, at or through the Service, including without limitation, any policies found in the Alphonso Privacy Center (collectively, the “Policies”), located at https://www.alphonso.tv/privacy (the “Site”).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.

Updates

Alphonso reserves the right, at its sole discretion, to update, modify or replace the Terms of Use, in whole or in part, at any time. Alphonso will use reasonable efforts to notify you of any material change approximately 30 days in advance of the effective date of any change. Change notices may be communicated by postings at or through the Site or otherwise. In any case, you should periodically check the Policies and Terms of Use for changes. Continued access or use of the Service following any change to the Terms of Use constitutes your acceptance of those changes. The Terms of Use may not otherwise be amended, except by a written agreement executed by you and Alphonso.

Alphonso may modify, suspend or terminate the Service, in whole or in part, at any time.

Eligibility

The Service is intended to be made available only to individuals who are at least 18 years old. If you do not qualify under these criteria, then you are prohibited from accessing or using the Service. Alphonso will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Alphonso will take steps to remove such information and terminate that individual’s access and use of the Service.

Alphonso may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

Restrictions on Use

The Service is provided for the personal enjoyment of individuals and may only be used in accordance with these Terms of Use. You agree not to:

  • Modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through your use of the Service, except in accordance with the right granted to you under relevant paragraphs below or as authorized by applicable law;
  • Disassemble, reverse engineer or otherwise decompile any software, applications, upgrades or updates made available to you through the Service, except as authorized by applicable law or license terms;
  • Otherwise use the Service in any way or for any purpose which may infringe the intellectual property rights of any third party; or
  • Access or use the Services for any unlawful purpose.

Privacy

Alphonso’s current Privacy Policies are available at https://www.alphonso.tv/privacy.

The most current Privacy Policies will apply to any and all use of the Site and other aspects of the Service. For clarity, the Privacy Policies apply to data and information exchanged during interaction with the Service.

Our Commitment to Participants

We commit to only using information obtained from the device as described in this agreement and the applicable privacy policy.

Intellectual Property and Patents Notice

You agree that the swifTV App and the services available through the swifTV App – including but not limited to the graphics, editorial content, audio clips, video clips, and software – contain proprietary information and material that is owned by Alphonso or other third parties. Neither you nor anyone acting on your behalf, acquire any intellectual property rights or other proprietary rights, including patents, designs, trademarks, copyrights or trade secrets relating to the contents in the swifTV App, except as expressly specified.

The Service incorporates and implements patented technologies. For more information visit https://alphonso.tv/patents/.

Viruses and Security

We use commercially reasonable efforts to ensure that the Service is secure and virus free, but those efforts cannot and do not guarantee that the Services will be free from bugs, viruses, or other vulnerabilities.

Further, we are not accountable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, data or other material belonging to you, during your use of the Service.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold Alphonso, its directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of these Terms of Use, your use of the Service, or your use of the swifTV App.

No Warranties

ALL ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALPHONSO AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

You agree that Alphonso shall not be responsible or liable for any unauthorized access to, alteration or use of your data, transmissions or data, or for any material or data sent or received or not sent or received through the Service.

IN NO EVENT SHALL ALPHONSO (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100.00, EVEN IF ALPHONSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Legal Terms and Conditions

Governing Law: A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You and Alphonso agree that any claim or cause of action arising out of or related to the Service must be commenced within one year after the claim or cause of action arose, otherwise, such claim or cause of action is permanently barred.

This agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

All disputes between the parties arising out of or in relation to or in connection with this agreement shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules, except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the then current Privacy Policy. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Privacy Policy and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

ANY ARBITRATION HEREUNDER WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ALPHONSO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions hereunder, including without limitation, this section.

Integration: The applicable Terms and Privacy Policies form the entire agreement between you and Alphonso with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Alphonso with respect to the Service. If any provision hereunder is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms hereunder will otherwise remain in full force and effect and enforceable.

Force Majeure

Alphonso is not liable or responsible for delay in performance of, or any failure to perform any of our obligations under these Terms of Use that is caused by events outside our reasonable control (“Force Majeure”), in particular (but not limited to): (i) acts, decrees, legislation, regulations or restrictions of any government; (ii) unavailability of public or private telecommunication networks; (iii) pandemics or other epidemics; or (iv) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.

Our performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period.

We will use our reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.

General Provisions

Your rights and obligations hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Alphonso’s prior written consent. Alphonso may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created, and neither party has any authority of any kind to bind the other in any respect. All notices will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

All rights not expressly granted herein are reserved.

Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

Contact

If you have any questions regarding these Terms of Use, any Policies or your dealings with the Service, please contact us at:

Alphonso Inc.
Attn: Privacy
211 Hope Street, Suite 390905
Mountain View, CA 94041 USA
or e-mail: privacy@alphonso.tv