DISH Anywhere Terms of UseWelcome to DISH Anywhere (either “we“ or “us“). This site is maintained by DISH Network L.L.C. for your personal use and entertainment. These Terms of Use govern your use of the websites, content, software and services offered through DISH Anywhere.com (collectively, “DISH Anywhere.com“).YOUR AFFIRMATIVE ACT OF USING DISH Anywhere SIGNIFIES THAT YOU AGREE (i) THAT YOU ARE OVER EIGHTEEN (18) YEARS OLD, (ii) TO THE FOLLOWING TERMS OF USE, (iii) THAT YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE PRIVACY POLICY, (iv) THAT YOU PROVIDE A VALID E-MAIL ADDRESS, AND (v) THAT YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE DISH Anywhere.We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the “Terms of Use“ hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use DISH Anywhere after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.Certain areas of DISH Anywhere, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on DISH Anywhere, you agree to comply with such guidelines and rules.You agree that we may provide to you required notices, agreements and other information concerning DISH Anywhere electronically. We will post the notices on the home page of DISH Anywhere or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of DISH Anywhere.The PRIVACY POLICY explains the practices that apply to your information when you use DISH Anywhere. Your ongoing use of DISH Anywhere signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy“ link located on the home page of DISH Anywhere.We may discontinue or change any service or feature on DISH Anywhere at any time and without notice.You must provide at your own expense the equipment and Internet connections that you will need to access and use DISH Anywhere. If you access DISH Anywhere through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access DISH Anywhere through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access DISH Anywhere through any wireless or other communication service. Access to SlingMedia and IP-VOD services will require a broadband connection with a recommended speed of 2 Mbps or greater.You may use DISH Anywhere for lawful purposes only. You may not submit or transmit through DISH Anywhere any material, or otherwise engage in any conduct that:1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of “another's“ privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts,3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,4. impersonates any person, business or entity, including DISH Anywhere and its employees and agents,5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,7. violates these Terms of Use, guidelines or any policy posted on DISH Anywhere, or8. interferes with the use of DISH Anywhere by others.You may not use DISH Anywhere in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other “party's“ use and enjoyment of DISH Anywhere. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.You may not use DISH Anywhere or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use DISH Anywhere to violate the terms of this section. We may terminate your access or use of DISH Anywhere immediately and take any other legal action if you, or anyone using your access to DISH Anywhere, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (“Content“) on DISH Anywhere own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on DISH Anywhere are our trademarks.You may use DISH Anywhere and the Content offered on DISH Anywhere only for personal, non-commercial purposes. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of DISH Anywhere or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.You agree that we are not liable for Content that is provided by others. We have no duty to pre- screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.We provide DISH Anywhere “as is“, “with all faults“ and “as available.“ We and our suppliers make no express warranties or guarantees about DISH Anywhere. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT DISH Anywhere AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH DISH Anywhere ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT DISH Anywhere WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DISH Anywhere, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DISH Anywhere (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A DISH Anywhere REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON DISH Anywhere. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including “attorney's“ fees that arise from your use or misuse of DISH Anywhere. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.We make no representation that Content on DISH Anywhere is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access DISH Anywhere from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.You agree that the laws of the State of Colorado govern this contract and any claim or dispute that you may have against us, without regard to “Colorado's“ conflict of laws rules, and that the United NationsConvention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Colorado and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF COLORADO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF COLORADO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.Receipt of DISH Network programming is subject to terms and conditions of DISH Network promotional agreement and Residential Customer Agreement. Local channel packages are only available to customers who reside in the specified local Designated Market Area. Local and state taxes are not included. Where applicable, equipment rental fees and programming are taxed separately. Early cancellation fees may apply to termination of programming services. All prices, packages and programming subject to change without notice. All service marks and trademarks belong to their respective owners.This contract and any supplemental terms, policies, rules and guidelines posted on DISH Anywhere constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.Your right to use DISH Anywhere automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with DISH Anywhere. We also reserve the right, in our sole discretion, to terminate your access to all or part of DISH Anywhere, for any reason, with or without notice.©2019 DISH Network L.L.C. All rights reserved.
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