Welcome to SkitterTV. We are an online subscription service, providing our members with access to television and other audio visual entertainment ("TV") on certain streaming media players ("Skitter ready devices"). We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service. These Terms of Use provide that all disputes between you and SkitterTV will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with SkitterTV. These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we've indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your SkitterTV experience.

These Terms of Use, which include our Privacy Policy and End User License Agreement ("EULA") govern your use of the SkitterTV service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "SkitterTV service" or "service"). By using, visiting, or browsing the SkitterTV service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the SkitterTV service, including our website and user interfaces. These Terms of Use govern your use of the SkitterTV service and you should read them carefully. The SkitterTV service is provided by SkitterTV, Inc., or one of its affiliated entities, (collectively referred to as "SkitterTV") as indicated during sign-up or as otherwise communicated to you. These entities may change from time to time.

SkitterTV reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the SkitterTV website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website and clicking here.

Any personally identifying information submitted through the SkitterTV service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, SkitterTV may send you newsletters about new SkitterTV features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply use your account name and password to access the "Manage mailing preferences" link on the "Your Account" page and uncheck those items to unsubscribe or click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there. By using the SkitterTV service, you consent to receiving electronic communications from SkitterTV. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with SkitterTV and you receive them as part of the SkitterTV membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You can find the specific details regarding your membership with SkitterTV at anytime by visiting our website and clicking on the "Sign In" link. This login is for customers who have signed up through the skittertv.com website, not through our partner telephone companies.

By starting your SkitterTV membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the SkitterTV service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Membership Terms and Details" link on the "Your Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your SkitterTV membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the SkitterTV website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Your SkitterTV membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

You may cancel your SkitterTV membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

SkitterTV is an online subscription service providing its members with access to live TV using SkitterTV ready devices. Some of these devices are manufactured and sold by entities other than SkitterTV.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability. The availability of TV channels will change from time to time. The quality of the display of the streaming movies & TV shows may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. SkitterTV streams a small amount of data as a buffer each time you start watching. Frequently starting and stopping TV will result in a minor increase to the amount of data SkitterTV streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SkitterTV makes no representations or warranties about the quality of your watching experience on your display.

Start Time: The time it takes to begin watching a TV channel will vary based on a number of factors, including your location, available bandwidth at the time, the channel you have selected and the configuration of your SkitterTV ready device. In addition, you must be connected to the Internet the entire time you are watching.

Device Limitations: To enjoy watching SkitterTV, your equipment must satisfy certain system requirements. YOU MAY CONNECT UP TO FIVE UNIQUE AUTHORIZED SKITTERTV READY DEVICES TO YOUR ACCOUNT. The standard subscription allows ONE device to be connected and up to FOUR additional devices may be added to your account (for an additional fee).

Geographic Limitation: You may watch TV through the SkitterTV service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. SkitterTV will use technologies to verify your geographic location and your billing address must be within the geographic location of your subscription plan.

SkitterTV streaming software: SkitterTV streaming software is developed by SkitterTV and is designed to enable streaming of content from SkitterTV through SkitterTV ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you by SkitterTV pursuant to these Terms of Use and solely for the purpose of using the SkitterTV service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and SkitterTV reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the SkitterTV service through such software at any time, without prior or any notice.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE SKITTERTV SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SKITTERTV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, some SkitterTV ready devices are manufactured and sold by entities other than SkitterTV. A SkitterTV ready device is any electronics equipment that is authorized to decode and capable of decoding TV that is transmitted by SkitterTV. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the SkitterTV service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all TV channels may not be watched, or may cease to be available for watching, through our service on some SkitterTV ready devices.

The member who created the SkitterTV account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the SkitterTV account. The Account Owner's control is exercised through use of the Account Owner's Account Number and PIN and therefore to maintain exclusive control, the Account Owner should not reveal the PIN to anyone. In addition, if the Account Owner wishes to prohibit others from contacting SkitterTV Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g. last four digits of their credit or debit card, or their email address) associated with their account.

BY SHARING THE SKITTERTV SERVICE PIN, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

THE SKITTERTV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SKITTERTV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SKITTERTV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. SKITTERTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SKITTERTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SKITTERTV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SKITTERTV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SKITTERTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SKITTERTV READY DEVICES, AND SKITTERTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the SkitterTV service or on the SkitterTV website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the SkitterTV service and/or website or user interfaces, (iv) delivery and or display of any content contained on the SkitterTV website, user interfaces, or otherwise through the SkitterTV service; and (vii) any losses or damages arising from the use of the content provided on the SkitterTV website, user interfaces, or otherwise through the SkitterTV service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the SkitterTV service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on TV from the SkitterTV service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the SkitterTV service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SkitterTV or its affiliated parties.

IN NO EVENT SHALL SKITTERTV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SKITTERTV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SKITTERTV SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SKITTERTV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SKITTERTV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SKITTERTV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the SkitterTV End User License Agreement.

Copyright

The SkitterTV service, including all content included on the SkitterTV website and user interfaces, or delivered to members as part of the service, including, but not limited to, TV, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of SkitterTV or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by SkitterTV on our website and user interfaces, or in connection with the SkitterTV service are the exclusive property of SkitterTV and its licensors and are protected by the copyright and trade secret laws in the territories in which the SkitterTV service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from SkitterTV or its licensors. You agree to adhere to the restrictions set forth under "SkitterTV streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the SkitterTV service, not to insert any code or product or manipulate the content of the SkitterTV service in any way, and not to use any data mining, data gathering or extraction method. SkitterTV reserves the right to terminate your membership hereunder if SkitterTV, in its sole and absolute discretion, believes that you are in violation of SkitterTV software restrictions, restrictions against copying TV content provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of SkitterTV and its licensors. SkitterTV does not promote, foster or condone the copying of TV content or any other infringing activity. The use of the SkitterTV service, including TV content made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the SkitterTV service, including any on the SkitterTV website and user interfaces.

Trademarks

SkitterTV is a registered trademark of Skitter, Inc. The SkitterTV logo and SkitterTV.com are trademarks or service marks of Skitter, Inc. The SkitterTV website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of SkitterTV, Inc. The trademarks, service marks and trade dress of SkitterTV may not be used or reproduced without prior written approval from SkitterTV and may not be used in connection with any product or service that is not affiliated with SkitterTV, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of SkitterTV, or in any manner that disparages or discredits SkitterTV. Other trademarks that appear on the SkitterTV website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkitterTV. Any images of persons or personalities contained on the SkitterTV website and user interfaces are not an indication or endorsement of SkitterTV or any particular product or our service unless otherwise indicated.

SkitterTV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SkitterTV service, including the SkitterTV website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SkitterTV service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note SkitterTV does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SkitterTV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against SkitterTV and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

Customer Service

Your Conduct in Accessing the SkitterTV Service

Limitations on Use

Links and Pages

Claims of Copyright Infringement

Governing Law

Arbitration Agreement