THIS IS AN AGREEMENT BETWEEN YOU AND NEMONT TELEPHONE COOPERATIVE, INC., AND ITS AFFILIATES OR SUBSIDIARIES (NEMONT). NEMONT MARKETS THESE SERVICES AS "NEMONT.TV".
The Nemont.TV service (the "Service") offers digitized versions of sporting events, movies, television shows, news events, and other video content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content by streaming.
In order to be able to stream Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device compatible with NEMONT.TV's system compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may later cease to be Compatible Devices in the future.
a. General. The Service may allow you to access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service. Our subscription services are changing and evolving and the nature of the specific Digital Content available at the inception of your individual subscription or the amount of Subscription Digital Content available will generally change over time. We make no guarantee as to the availability of specific Digital Content or the minimum amount of Digital Content available in any subscription period.
b. Usage Rules. Your use of any Digital Content received through our service is subject to the following limitations or rules.
c. License to Digital Content. Subject to your payment of any applicable fees or subscription fees, (including applicable taxes) to purchase access to Digital Content, and contingent on your compliance with all other terms we specify for Digital Content or the Service, Nemont.TV grants you a non-exclusive, non-transferable, non-sub-licensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content for non-commercial, private use. Non-commercial, private Use means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office) which is limited to a private viewing for you and your invitees.
d. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.
a. Use of Required Software. We may make available to you software for your use in connection with the Nemont.TV (the "Software"). Terms contained in the nemont.net website pertaining to the use of the Required Software apply to your use of the Software.
All purchases of Digital Content and your subscription are final. We do not accept returns of Digital Content or issue refunds for materials that have been viewed or accessed under this Agreement.
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Nemont may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Nemont shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk and judgment, and Nemont shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Nemont does not guarantee their accuracy. The opinions and advertising presented on the channel do not necessarily represent the opinions of Nemont.
c. Modification of Service. Nemont reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Nemont will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
d. Amendments. Nemont reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
e. Third-Party Beneficiaries. Only content providers providing Digital Content that you rent, purchase, or view on the Service are intended third-party beneficiaries under this Agreement.
f. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Nemont.TV Conditions of Use: (i) in no event shall Nemont or our software licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and(ii) in no event shall Nemont or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
g. Contact Information. For communications concerning this Agreement, please write to Nemont.TV, P.O. Box 600, Scobey, MT, 59263