Terms of Use
ROVI TERMS OF USE
Last Revised: April 10, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES AS THESE TERMS CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS.
Welcome to rovi, an electric vehicle platform, which is owned and operated by Rovi, Inc. (“Rovi”, “we”, “us and “our”). The services covered by these Terms ("Services") include all versions of Rovi’s websites (the "Sites"), web applications, mobile applications and associated services including Rovi’s social media pages, including but not limited to Facebook, X, and LinkedIn, and when you otherwise communicate or connect with us (including through social media and online forums, Carplay, or otherwise). Your use and access of the Services and Content (as defined below) are subject to these Terms of Use (“Terms”) and all applicable laws. The Services are operated by Rovi from its offices within the United States. Rovi makes no representation that the Services and Content are appropriate or available for use in other locations, and access to them from territories where such access is illegal is prohibited.
1. ACCEPTANCE; SCOPE. By accessing or using the Services, you agree that you have read, understood and agree to be bound by these Terms. You are also agreeing to comply with our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms or any of the terms and conditions in the Privacy Policy, you should not access or use the Services in any way and should immediately exit the Services. The Services are available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Services.
We may modify these Terms at any time. All changes will be effective immediately upon posting. You If you do not consent to these Terms, as modified, you should not access or use the Services in any way and should immediately exit the Services. By using the Services after changes are posted, you agree to be bound by the revised Terms.
The Services may contain links to or from external websites, plug-ins or applications not owned by Rovi. Rovi has no control over, and assumes no responsibility for, the availability, content, practices or policies (including privacy policies) of any such third-party websites, plug-ins or applications. By using the Services, you expressly release Rovi from any and all liability arising from your use of any third-party website, plug-in or application.
The Services may contain reviews and recommendations for third-party products, which we provide as informal reviews and not official endorsements. Any purchase of such third-party products is at your sole risk. Rovi has no responsibility for any third-party products.
2. ACCOUNTS. In order to access a more comprehensive version of the Services, you will have to create an account with us. You can create an account by providing an id and password. By creating an account, you represent and warrant that you are 18 years of age or older and the age of majority in your state of residence as of the time you create an account. You agree to maintain and promptly update your account information as necessary to keep it accurate, current, and complete.
You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Rovi immediately and change your password. Rovi cannot and shall not be liable for any loss or damage in the event of an unauthorized use of your account or password.
3. LIMITED LICENSE; RESTRICTIONS
ROVI GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE SERVICES AS WELL AS THE CONTENT OF THE SERVICES (AS DEFINED BELOW), PURSUANT TO THESE TERMS. You may only use the Services and Content for personal, non-commercial use and may not use the Services or Content for any other purpose. For avoidance of doubt, this license does not include any rights regarding resale or derivative use of the Services or Content (as defined below), or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the Services. All rights not expressly granted by Rovi herein are reserved.
4. CONTENT
As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums and appearing on the Services.
Rovi Content. All Content posted on the Services is protected by applicable copyright and trademark laws. Rovi, and its licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by Rovi and appearing on the Services (“Rovi Content”). All right, title and interest in and to the Rovi Content remains with Rovi at all times. You may access the Rovi Content for personal, non-commercial use as intended and permitted under these Terms. Any use of the Rovi Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Rovi Content for any other purposes without the prior written consent of Rovi. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services with the intent to copy Rovi Content. All trademarks, including service marks and logos, appearing on any Rovi Content and/or the Service are owned, controlled, or licensed by Rovi and are protected by trademark law, whether registered or unregistered. Rovi’s trademarks and trade dress may not be used in connection with any product or service that is not Rovi’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rovi.
Licenses Granted By You. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Content through the Services such as photographs, reviews, and feedback. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the Services or to us, you grant Rovi and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Services and our business, including by way of example, for promoting the Services.
Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (a) you have the right to submit to or otherwise post the Content on the Services; (b) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (c) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (d) the Content complies with these Terms and all applicable laws.
Acknowledgements. You acknowledge and agree as follows:
a. Rovi does not permit copyright infringement or other violations of intellectual property rights on the Services, and we reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights;
b. Rovi is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any user Content within the Services;
c. Rovi does not endorse any Content, recommendation, view or opinion submitted to the Services by any user;
d. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
e. You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services.
5. CODE OF CONDUCT
In accessing or using the Services, you agree that you will not:
a. Upload photographs of people who have not given permission for their photographs or likeness to be uploaded to the Services;
b. Submit false or misleading information, impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information; c. Violate any applicable laws or regulations;
d. Use the Services in violation of Rovi’s or any third party’s intellectual property or other proprietary or legal rights;
e. Circumvent, disable, or otherwise interfere with security features of the Services; f. Frame, mirror, or circumvent the navigational structure of any part of the Services; g. Defame, harass, stalk, attack, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
h. Spam, hack into or deface the Services, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
i. Harm or exploit minors; or
j. Use the Services for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.
6. TERMINATION FOR CAUSE. Rovi may terminate, suspend, or disable your access and use of the Services (or any part thereof), without prior notice or liability, if Rovi determines, in its sole discretion, that you have violated any provision of these Terms. If Rovi terminates your access to the Services under this provision, you may not re-register to use the Services. Upon termination, all licenses granted by Rovi will terminate automatically and immediately. If you believe that Rovi has suspended or terminated your use of the Services in error, you may contact us at support@rovi.co at any time. Sections 4, 6, and 7 through 10 of these Terms shall survive termination.
7. DISCLAIMERS. Rovi reserves the right to modify or discontinue the Services at any time. The Services and all Content are provided by Rovi “AS IS” and on an “as available” basis. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Rovi and its suppliers. Accordingly, Rovi assumes no liability for, or relating to, the delay, failure, or interruption of the Services, or corruption of any data or other information transmitted in connection with use of the Services.
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right, at any time, without prior notice, to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services is inaccurate.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROVI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SERVICES, THE CONTENT, AND YOUR USE OF THE SERVICES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
Without limiting the foregoing, Rovi expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury, including death, or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Services or any Content; (c) unauthorized access to or use of the Services or any Content; (d) interruption or cessation of transmission to or from the Services; or (e) bugs, viruses, trojan horses, time bombs or the like which may be transmitted to, by or through the Services.
We do not endorse, guarantee, or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the Services, and we reserve the right to remove any Content. Rovi’s follow, like, favorite, share, re-post or similar action regarding any Content does not constitute an endorsement of such Content or any third party, service or goods represented by the Content. Rovi will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROVI WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT; (B) ERRORS, OMISSIONS, OR INACCURACIES OF THE CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED IN CONNECTION WITH THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE
TRANSMITTED TO, BY OR THROUGH THE SERVICES; (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ROVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROVI SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ROVI BE LIABLE FOR DAMAGES INCURRED BY YOU EXCEEDING U.S. $500 IRRESPECTIVE OF FAULT OR NEGLIGENCE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. SOME JURISDICTIONS LIMIT CONSUMER LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE PROVISIONS ABOVE MAY NOT APPLY TO YOU.
9. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Rovi and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors from and against any and all losses claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your use of the Services, your Content, your breach of these Terms and/or violation of any applicable laws. 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 defense.
10. GENERAL
Governing Law; Jurisdiction. These Terms, and your access to and use of the Services will be governed and construed by the laws of the State of Delaware without regard to conflicts of law principles. Any action arising out of or relating to these Terms or your use of the Services must be commenced in the state or federal courts located in the State of Delaware, and you consent to jurisdiction of such courts.
Use in the United States. The Services are intended for use in the United States only. We do not guarantee that the Services will be available or permitted in any location other than the United States. If you choose to access the Services from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE SERVICES OR ANY CONTENT IN ANY JURISDICTION SHALL NOT BE CONSTRUED AS ROVI OR THE ROVI PARTIES OFFERING SUCH SERVICES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SERVICES OR CONTENT IS PROHIBITED BY LAW.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Rovi’s prior written consent. Rovi may assign these Terms without restriction.
Entire Agreement. These Terms, including the Privacy Policy and any other legal notices or other policies published by us on the Services, constitute the entire agreement between you and Rovi with respect to the Services and the Content.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Severability, Waiver. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
Electronic Communication. When you use the Services or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Contact Us. If you have any questions or concerns regarding these Terms or if you wish to inquire about using the Services for commercial use, contact us at:
Rovi, Inc
555 N. Main St. #1165
Providence, RI 02904
support@rovi.co