The following Terms of Service (referred to as "TOS") are between you, the customer, and INTERCOM VENTURES, LLC. The TOS constitute a legal document that details your rights and obligations as a purchaser of INTERCOM VENTURES Voice service and/or INTERCOM VENTURES TV service (individually and collectively referred to as "Services"). If you purchase INTERCOM VENTURES Voice service, your TOS include the General Terms of Service set forth herein, and the attached Schedule 1. If you purchase INTERCOM VENTURES TV service, your TOS include the General Terms of Service set forth herein and the attached Schedule 2. Your TOS also include the Acceptance Form For Terms Of Service For Purchase And Use Of INTERCOM VENTURES Voice And/Or INTERCOM VENTURES TV provided to you when Services are installed. Your TOS will continue to apply to your Services when they are transferred from one location to another.
You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to INTERCOM VENTURES.
INTERCOM VENTURES will comply with all applicable federal, state and local laws, to the extent that such laws apply to INTERCOM VENTURES and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
Legal Authority. You must be at least 18 years of age to purchase the Services as an individual or to accept these TOS as an authorized representative for the person or entity who purchases the Services. By accepting these TOS, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with these TOS.
By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the INTERCOM VENTURES web site, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by calling INTERCOM VENTURES at 1-800-717-1055 for further directions.
Updates. These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: www.intercomventures.com/tos . If INTERCOM VENTURES makes a change to these TOS and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.
Special Arrangements. Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, these TOS shall apply to the Services, except that INTERCOM VENTURES may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains INTERCOM VENTURES-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside these TOS and INTERCOM VENTURES is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you may have the option to continue receiving Service under standard billing terms and these TOS.
You will be responsible for payment of service charges for visits by INTERCOM VENTURES or its subcontractors to your premises when a service request results from causes not attributable to INTERCOM VENTURES or its subcontractors. You will provide INTERCOM VENTURES and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that INTERCOM VENTURES may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations INTERCOM VENTURES deems appropriate for the work to be performed.
You acknowledge that INTERCOM VENTURES may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give INTERCOM VENTURES permission to use, alter, and remove equipment from, such wiring. If your unit is part of a multi-tenant environment, you acknowledge that INTERCOM VENTURES may use existing wiring located outside of your unit ("Outside Wiring"). You also warrant that you have received permission from any necessary party, including but not limited to the landlord or manager of the property, to allow INTERCOM VENTURES to use the Outside Wiring. Without limiting any other provisions of this TOS, you agree to indemnify INTERCOM VENTURES from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
Agreement to Pay. You agree to pay all fees and charges for the Services associated with your INTERCOM VENTURES Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. In order to provide you with the Services, INTERCOM VENTURES may pay taxes, fees, and surcharges to municipalities and other governmental entities, which INTERCOM VENTURES may pass on to you.
Late Payment Charge and Dishonored Check or Other Instrument Fee. If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. INTERCOM VENTURES may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse INTERCOM VENTURES for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason.
Changes to Fees & Charges. If you signed up for Services for a specified term, INTERCOM VENTURES will automatically begin charging the applicable month-to-month fee at the conclusion of your term. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. INTERCOM VENTURES may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
Credit Card Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize INTERCOM VENTURES to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize INTERCOM VENTURES and/or any other company who bills products or services, or acts as billing agent for INTERCOM VENTURES to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
You agree to provide INTERCOM VENTURES with updated credit card information upon INTERCOM VENTURES's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this TOS, you acknowledge and agree that neither INTERCOM VENTURES nor any INTERCOM VENTURES affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at INTERCOM VENTURES's option, to the account number provided for such automatic payment or electronic funds transfer plan.
Advance Payments And/Or Deposits. We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by INTERCOM VENTURES of satisfactory payment history or as required by law, INTERCOM VENTURES may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by INTERCOM VENTURES.
Payment Cycle and Cancellation. Billing for the Services commences when INTERCOM VENTURES has provisioned the Services or five (5) business days following the delivery of Intercom Ventures equipment, whichever comes first. Recurring charges for each month's Services will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
Method of Billing/Payment. Fees and charges for the Services will be billed to your INTERCOM VENTURES Account. You will receive an online bill for the Service, unless you specifically notify us that you want to receive a paper bill for the Services (at 1-800-717-1055). You must register online to establish a personal INTERCOM VENTURES My Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal INTERCOM VENTURES My Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying INTERCOM VENTURES if your password is lost or stolen. INTERCOM VENTURES is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify INTERCOM VENTURES immediately if your contact information changes.
Bill Inquiries and Refunds. If you believe you have been billed in error for the Services, please notify us within sixty (60) days of the billing date by contacting Customer Service (1-800-717-1055). INTERCOM VENTURES will not issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.
Promotions and Contingent Benefits. You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the INTERCOM VENTURES web site, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change you Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
The Services include a Residential Gateway ("RG") and certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (the RG and service-specific equipment herein collectively referred to as "Equipment"). You agree to rent the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Rental fees will be included in your monthly charge for the Services. The Equipment requires electrical power from your premises to operate, which you are responsible for providing. You may also have an Optical Network Terminal ("ONT"), which is a box typically located on the side of your house or in your garage, where INTERCOM VENTURES's fiber network terminates. The ONT also requires electrical power from your home to operate, which you are responsible for providing. INTERCOM VENTURES installs an initial power supply box for the ONT when the first resident at a premises orders INTERCOM VENTURES services. The ONT power supply box converts the AC power in your home to the DC power required by the ONT.
Backup Battery for ONT. If there is an ONT at your premises and you are the first resident at the premises to order INTERCOM VENTURES services, INTERCOM VENTURES provides the initial backup battery for the ONT power supply box to you at no additional charge when your first INTERCOM VENTURES service is installed. If a prior resident of the premises was the first resident to order INTERCOM VENTURES services, you are responsible for determining whether a replacement battery for the existing ONT power supply box is needed and, if one is needed, for purchasing it. You hereby agree to be solely responsible for determining when the backup battery requires replacement and for replacing and recycling used batteries. You agree to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries.
Backup Battery for RG. INTERCOM VENTURES provides an initial RG battery backup unit, with an initial backup battery, for purchasers of INTERCOM VENTURES Voice service. See Schedule 1, section IV., for more information on Power Outages and Backup Batteries.
INTERCOM VENTURES reserves the right to manage the Equipment during the time you are an INTERCOM VENTURES customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. INTERCOM VENTURES will repair or replace damaged Equipment as INTERCOM VENTURES deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts or negligence as determined by INTERCOM VENTURES, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended residential use, and not for any other purpose (such as on another INTERCOM VENTURES network, or on another provider's (non-INTERCOM VENTURES) network).
Return of Equipment. Upon termination of the Services, for whatever reason, you must return the Equipment, undamaged, within twenty one (21) calendar days to INTERCOM VENTURES. If the Equipment is not returned within twenty one (21) calendar days, or is returned damaged, you will be charged for the value of the Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period. If the Equipment is returned within six (6) months of termination, any fees charged for the Equipment will be refunded (other than fees for damages). No refunds will be made for any Equipment returned more than six (6) months after termination.
INTERCOM VENTURES will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment, including the initial RG battery backup unit provided to INTERCOM VENTURES Voice customers.
You agree to indemnify and hold INTERCOM VENTURES and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees, made by any party against INTERCOM VENTURES, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.
Service may be temporarily interrupted or otherwise limited for a variety of reasons, some beyond the control of INTERCOM VENTURES. INTERCOM VENTURES reserves the right to refuse credit allowances for interruptions of Service. INTERCOM VENTURES also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that INTERCOM VENTURES may establish general practices and limits concerning use of the Services, including without limitation, the limits set forth in the attached Schedule 1 and Schedule 2.
IP Network Interruptions. You acknowledge and understand that the Services will not function in the event of an IP network interruption.
9. ACCOUNT SECURITY
Customer Duty. You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your INTERCOM VENTURES Account, password, user ID, or IP address. You agree to: (a) immediately notify INTERCOM VENTURES if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your INTERCOM VENTURES Account, password, user ID, or any credit or charge card number provided to INTERCOM VENTURES by calling 1-800-717-1055; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.
Account Access. You authorize INTERCOM VENTURES to provide information about and to make changes to your INTERCOM VENTURES Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Assumption of Risk. There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
Theft of INTERCOM VENTURES Equipment or Service. You agree to notify INTERCOM VENTURES immediately, in writing or by calling the INTERCOM VENTURES customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your INTERCOM VENTURES Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your INTERCOM VENTURES Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, INTERCOM VENTURES may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to INTERCOM VENTURES of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by INTERCOM VENTURES, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
10. SUSPENSION AND TERMINATION
Suspension/Termination by INTERCOM VENTURES. Your Services may be suspended or terminated if your payment is past due. While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by INTERCOM VENTURES. You will be charged a fee to restore your Service from suspension. In addition, INTERCOM VENTURES may immediately terminate all or a portion of your Service or suspend Service, without notice, for conduct that INTERCOM VENTURES believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these TOS, or any applicable policies or guidelines (including the Acceptable Use Policy), and INTERCOM VENTURES may refer such use to law enforcement authorities without notice to you. Termination or suspension by INTERCOM VENTURES of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
Contacts to Terminate Service. You may terminate the Services at any time by calling 1-800-717-1055. You must pay service fees and other charges incurred through the termination date. No cancellation or disconnect fee will apply, but you may be charged the value of any Equipment that is not returned in accordance with Section 6.
The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.
End User License Agreement. If you downloaded or installed Software, your use of that Software is subject to the End User License Agreement that accompanied that Software. With regard to any Software (including Software upgrades, changes, or supplements) which is not accompanied by an End User License Agreement, INTERCOM VENTURES, or its applicable third party licensors, grants you a limited, personal, non-transferable, and non-exclusive right and license to use the object code of its Software on the Equipment; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that INTERCOM VENTURES or its third party licensors, providers or suppliers continue to own all right, title and interest to the Software and related documentation. The Software is protected by the copyright laws of the United States and international copyright treaties.
Export Limits. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 and in similar clauses in the NASA FAR Supplement.
NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. INTERCOM VENTURES, or its applicable third party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that INTERCOM VENTURES, or the applicable third party licensor, has the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERCOM VENTURES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF INTERCOM VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN INTERCOM VENTURES INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, AND/OR
(d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERCOM VENTURES IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, posting online at www.sqiptv.com, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase INTERCOM VENTURES TV service, INTERCOM VENTURES may also provide notices of changes to these TOS or other matters by displaying notices on INTERCOM VENTURES TV. It is your responsibility to check for such notices.
Unless otherwise specified in these TOS, notices by you to INTERCOM VENTURES must be given by calling 1-800-717-1055 and such notices are effective as of the date that our records show we received your call; LEGAL NOTICES must be given by letter delivered by first class US mail to INTERCOM VENTURES, 47 W Polk St Suite 100-512, Chicago, IL 60605.
16. INTELLECTUAL PROPERTY
All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related web site(s) are the property of INTERCOM VENTURES or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of INTERCOM VENTURES or third-party providers are and shall remain the exclusive property of INTERCOM VENTURES or third-party providers, and nothing in this Agreement shall grant you the right to right or license to use such Marks.
17. CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize INTERCOM VENTURES to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with INTERCOM VENTURES's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, INTERCOM VENTURES may report your failure to a credit reporting agency.
INTERCOM VENTURES may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of INTERCOM VENTURES.
|a.||These TOS do not provide any third party with a remedy, claim, or right of reimbursement.|
|b.||These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in|
|any marketing and informational materials or promotional offers for the Services, and the terms and|
|conditions posted on the INTERCOM VENTURES||web site constitute the entire agreement between|
|INTERCOM VENTURES and you and supersede any prior agreements between you or INTERCOM|
|VENTURES with respect to the subject matter of these TOS.|
|c.||These TOS and the relationship between you and INTERCOM VENTURES will be governed by the laws of|
|the State of Texas without regard to its conflict of law provisions, and you and INTERCOM VENTURES|
agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar County, Texas.
INTERCOM VENTURES TV SPECIFIC TERMS OF SERVICE
INTERCOM VENTURES TV includes content available via INTERCOM VENTURES TV, Equipment (see Section 6 of the General Terms of Service), Software (see Section 11 of the General Terms of Service), accessories, and tools (including a "remote access" tool which allows you to access portions of your INTERCOM VENTURES TV service from a website or other medium).
For INTERCOM VENTURES TV service, non-recurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, Video on Demand and Pay Per View. As long as payments are current, you will have a $50 limit per bill cycle on such one-time orders billed to your account. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
Equipment for INTERCOM VENTURES TV service includes an INTERCOM VENTURES TV Receiver ("Receiver"). You may request additional Receivers and additional rental fees may apply depending on the INTERCOM VENTURES TV package purchased.
Some programming may not be available in certain areas due to legal, regulatory, and contractual prohibitions, including restrictions of the Federal Communications Commission and sports blackouts. If you also purchase INTERCOM VENTURES Voice service, Caller ID information for INTERCOM VENTURES Voice calls can be displayed on your TV screen. In addition, call history information for all missed and answered calls can be displayed on your TV screen and cannot be PIN protected. Call history for dialed calls cannot be displayed on your TV screen.
As permitted under applicable law, in addition to other rights provided for in this TOS, in the event a payment is past due, INTERCOM VENTURES may restrict your account to prevent access to video on demand, pay-per view, and other usage-based services and content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERCOM VENTURES MAKES NO WARRANTY THAT THE SERVICE WILL ALLOW YOU TO RECORD, VIEW, OR TRANSFER ANY PARTICULAR PROGRAM OR CONTENT.
INTERCOM VENTURES TV is provided for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the INTERCOM VENTURES TV service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the Service. Your INTERCOM VENTURES TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except as permitted by the "fair use" provisions of the U.S. copyright laws.