the level of service TiVo provides may not be the same on each TiVo DVR; a given TiVo DVR may support different features and functionality, and TiVo is under no obligation to provide all features and functionality to your TiVo DVR.

4.TiVo’s Privacy Policy. You must provide us with accurate and complete information when you activate your TiVo Plus service. TiVo reserves the right to terminate your account if you give TiVo inaccurate or incomplete information. TiVo respects the privacy of your User Information (as defined in TiVo’s Privacy Policy) and will not disclose any of your User Information except as permitted in TiVo's Privacy Policy. A copy of TiVo's Privacy Policy is included in the product manual and the latest version can always be found via our web site at www.tivo.com/privacy. Please read it carefully before using the TiVo Plus service. By using the TiVo Plus service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options TiVo provides to you with regard to your User Information. TiVo will notify you of any substantial and material changes to the Privacy Policy and the latest Privacy Policy can always be accessed through our web site at www.tivo.com/ privacy.

5.We Don't Control the Nature of Television! The TiVo Plus service gives you the ability to see and record televised programs over which TiVo exercises no editorial or programming control (“Third Party Content”). You understand that (a) TiVo does not guarantee the access to, recording, or viewing of any particular program, (b) programming is not under TiVo's control, (c) cable/ satellite providers may make program line-up changes too quickly for your TiVo DVR to adjust recording times and this means shows affected by such changes will not be recorded properly or at all, (c) TiVo is not responsible for and has no editorial control over any Third Party Content, and (d) TiVo has no control over the distribution of programs. You agree that TiVo will have no liability

T i V o P l u s S e r v i c e A g r e e m e n t

to you, or anyone else who uses your account, with regard to any Third Party Content.

6.Television Shows Are Copyrighted. You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.

7.Copy Protection of Television Shows. Third Party Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may limit or prevent the ability of your TiVo DVR to display the Third Party Content or to record such Third Party Content for later viewing. You understand that TiVo does not control the decision of a third party to institute such copy protection mechanisms. You agree that TiVo will have no liability to you, or anyone else who uses your account, with regard to the failure of your TiVo DVR to display or record for later viewing any Third Party Content implementing a copy protection mechanism.

Activating and Using the TiVo Plus Service

8.Eligible Users. You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the TiVo Plus

service only if one of their parents or legal guardians assumes the

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responsibilities of this Agreement and thereby assumes full

responsibility for the minor’s use of the TiVo Plus service.

9.Subscription Fees. You agree to pay your subscription fee in advance. Your subscription fee will cover the TiVo Plus service

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