VIZIO Account Terms of Use

Effective as of: June 1, 2024

These are the Terms of Use (“Terms”) for VIZIO Account. These Terms tell you the terms and conditions regarding your access to and use of VIZIO Account, the VIZIOgram feature of VIZIO Account, and any related software and services (“Service” or “Services”).

A VIZIO Account enables any user to manage their subscriptions to participating third party streaming services, purchase select on-demand titles, automatically register their TVs, and receive personalized recommendations and customer support.

Starting in mid-2024, a VIZIO Account is used in new makes and models of certain VIZIO devices to enable and receive Smart TV functionality, including WatchFree+, VIZIOgram, and other new product features and updates. VIZIO Account is an optional feature in older units.

Please consult our Privacy Policy for more information. 

  1. CREATING A VIZIO ACCOUNT
  2. ELIGIBILITY FOR ACCOUNT
  3. USING VIZIO ACCOUNT
    1. MAKING PURCHASES WITH A VIZIO ACCOUNT
    2. USING THE VIZIOGRAM FEATURE
  4. PRIVACY
  5. POSTING USER CONTENT
  6. USER RULES & CONDUCT
  7. CONTENT LICENSE TO VIZIO
  8. CONTENT LIMITATIONS AND RELEASE
  9. THIRD PARTY WEBSITES
  10. PROPRIETARY RIGHTS
  11. PERSONALIZED ADS, RECOMMENDATIONS AND EMAIL
  12. TERMINATION
  13. DISCLAIMER OF ALL WARRANTIES
  14. INDEMNITY; LIMITATION OF LIABILITY
  15. BINDING ARBITRATION; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
  16. EXCEPTIONS TO BINDING ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW
  17. INTEGRATION AND SEVERABILITY
  18. GENERAL PROVISIONS
  19. COPYRIGHT AND TRADEMARK NOTICES
  20. PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
  21. TERMS OF USE CHANGES

 

BY CREATING A VIZIO ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this Service. Please read the text under the section titled “Binding Arbitration; Class Action Waiver (U.S. Residents Only)” carefully.

Only US Residents are eligible to create a VIZIO Account. When you use someone else's services or products, like watching content on a third party service, they will have their own terms of use which apply.

 

1. CREATING A VIZIO ACCOUNT

You can create a VIZIO Account on the VIZIO.com website, on a VIZIO device, or the VIZIO Mobile application, by providing VIZIO with complete and accurate information, as required in the enrollment form. You may be required to provide your name and address, phone number, username, a valid electronic mail address, and to set and maintain a secure password. VIZIO may, in its sole discretion, decline to create an Account if the user has violated these Terms of Use or other policies.

You may also elect to provide information related to your social networking or other accounts (e.g., Apple, Facebook, or Google) or payment information so that you can use your VIZIO Account to purchase content or subscribe to third party subscription services. If you sign up for a VIZIO Account with a third-party account (such as Facebook, Apple, or Google), this third-party ID will be associated with your VIZIO Account.

You are solely responsible for maintaining the confidentiality of your VIZIO Account access credentials and other account information. You agree to keep all contact information accurate and up to date. You also agree to notify VIZIO immediately of any unauthorized use of your account or any other breach of security.


2. ELIGIBILITY FOR ACCOUNT

You must reside in the United States and you also must be 18 years of age (or the age of majority in your state of residence, as set forth in the registration process) to create a VIZIO Account.

Limit one (1) VIZIO Account per person. You may use the same VIZIO Account to access or make purchases on multiple VIZIO internet-connected devices. If multiple VIZIO Accounts are detected for a single individual (including the same individual creating accounts with different email addresses), VIZIO may choose to void such accounts in its sole discretion and without prior notice. The authorized VIZIO Account holder is the individual natural person who is assigned to the account's email address by an Internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. In the event of a dispute about the identity of a VIZIO Account holder, VIZIO may require that the user provide proof that they are the authorized account holder of the email address and/or password associated with the account.

Each user that properly completes the account registration process will be considered a VIZIO Account holder for the purposes of these Terms of Use. VIZIO may refuse to offer or continue offering services to any person and may change its eligibility criteria from time to time.
 

3. USING VIZIO ACCOUNT

A. MAKING PURCHASES WITH A VIZIO ACCOUNT

VIZIO Account holders may choose to pay to view certain content through our Service, each a “Purchase.” If you elect to make a Purchase, such as viewing a specific program offered on VIZIO's WatchFree+ platform or enrolling in third party streaming subscription services through your VIZIO Account, VIZIO will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available) for any content or subscriptions, including any applicable taxes. If you choose to associate one or more payment methods with your VIZIO Account, you agree that VIZIO may store those payment methods. Your designated (default) payment method, and any other stored payment methods, can be managed within the account Settings menu, which you can access from VIZIO.com or the VIZIO Mobile application.

When you make a Purchase, you will be prompted to enter your password or personal identification number (“PIN”), you enable the viewing or the purchase of the content or the subscription services and further agree to be bound by these terms as to such Purchases. 

You can add or cancel subscriptions, change plans, and/or modify your subscriptions by logging into your VIZIO Account, and from within your account Settings. 

Third party subscription services purchased through your VIZIO Account are subject to the terms and conditions of the respective subscription service. VIZIO acts as an agent for the third-party service in arranging enrollment in various subscriptions and plans with third party streaming services, and in managing your payment methods. VIZIO is not a party to the subscription arrangements between you and the third-party service.

VIZIO utilizes a third-party payment processor to store, process and update your credit card or other payment information. VIZIO will securely disclose your payment information to the third-party processor as necessary to complete your Purchase. VIZIO will authorize on your behalf the third-party processing company to charge your selected payment method, such as a credit card or debit card, for any subscription services that charges fees that will also include any applicable taxes and fees. 

You can associate multiple payment methods within your VIZIO Account, and you agree that VIZIO's third-party payment processor may store and charge those payment methods for your subscription services per your interactions with the Services, including the purchase of any Purchases. 

The third-party payment processing company will process the payment for your subscription services on behalf of VIZIO. If the third-party payment processor is unable to charge your selected payment method for any of the paid subscription services, you remain responsible for any unpaid or uncollected amounts. VIZIO or your third-party subscription service may attempt to collect these amounts. VIZIO will notify the third-party subscription service of non-payment of fees or charges when due.

Any subscription Purchases you authorize will automatically renew until cancelled, which you can do at any time in the Subscriptions & Purchases section of your VIZIO Account settings. If you cancel a subscription prior to the renewal date, the cancellation will go into effect at the end of your current subscription period, as applicable. You will have continued access to this subscription for the remainder of your subscription period. When your paid subscription service ends, you will lose access to that service functionality that requires a paid subscription to access such content.

All Purchases for third party subscriptions are final upon your initial authorization (i.e., placing a confirmed order, via entering your PIN). Subscription service prices, refunds, content, availability, and offerings may change at any time and VIZIO is not responsible or liable for any of these aspects of your relationship with the third subscription services, apart from facilitating your enrollment and payment. Your relationship with those services is governed by their terms and contracts with you.

VIZIO also is not responsible or liable for any third-party subscription services, materials or otherwise included within, linked to or redirected from Service.

 

B. USING THE VIZIOGRAM FEATURE

VIZIO Account holders may also elect to use the VIZIOgram feature, which enables VIZIO Account holders to temporarily store, access, and share their photos, videos, or related metadata (the “VIZIOgram Content”).

If you use the VIZIOgram feature, you may upload, store, and access certain VIZIOgram Content that you choose from your smartphone or tablet devices using the VIZIO Mobile application. You may then view uploaded content on your VIZIO Smart TV for a limited time.

You may also temporarily share your VIZIOgram Content with other VIZIOgram users that you select. If you send an invitation to another VIZIO Account holder asking them to receive and display your VIZIOgram Content, the recipient VIZIO Account holder may accept or deny your invitation. In order to receive and display your VIZIOgram Content, the recipient must also have a VIZIO Account and use a VIZIO Smart TV or VIZIO Mobile App and use the VIZIOgram feature. If the recipient accepts your invitation, then your VIZIOgram Content will temporarily display on all of the VIZIO Smart TVs associated with the recipient’s VIZIO Account. For more information about how to use the VIZIOgram feature and the Smart TV models on which the VIZIOgram feature is currently available, please see our FAQ.

By using the VIZIOgram feature, you acknowledge, understand, and agree that you are solely responsible for your selection of other VIZIOgram users with whom you share your VIZIOgram Content and for your choice to accept sharing by other VIZIOgram users of their VIZIOgram Content. By using the VIZIOgram feature, you acknowledge, understand, and agree that you are solely responsible for your VIZIOgram Content and any related communication. You are solely responsible for your use of the VIZIOgram feature and use it at your own risk.

Once VIZIOgram Content is uploaded, it will remain available to open for thirty (30) days from the date of the upload. Once opened by you or a recipient, the VIZIOgram Content will remain viewable for another seven (7) days from the date it is first opened. Afterwards, the VIZIOgram Content will be promptly deleted.

Using the VIZIO Mobile application, you may block other VIZIOgram users at any time and remove their access to your VIZIOgram Content that you had previously shared with them. You acknowledge, understand, and agree that disconnecting from other VIZIOgram users or deleting VIZIOgram Content does not constrain the downstream use of VIZIOgram Content if the people you shared it with have otherwise copied your VIZIOgram Content, such as by taking photographs or other recordings of your VIZIOgram Content.

You may also manually request that VIZIO delete your VIZIOgram Content by contacting us at privacy@vizio.com

Your use of the VIZIOgram feature is subject to the VIZIO Privacy Policy and these Terms of Use, including but not limited to the Content License to VIZIO, the provisions for Posting User Content, the User Rules & Conduct, Content Limitations and Release, and Procedure for Claims of Copyright Infringement referenced in these Terms of Use; and your use of the VIZIOgram feature constitutes acceptance of these Terms of Use.

 

4. PRIVACY

Your use of our Service is subject to the VIZIO Privacy Policy which is available at http://www.vizio.com/privacy, within our mobile application, or within the settings of your VIZIO internet-connected device.

 

5. POSTING USER CONTENT

The Service may provide for VIZIO Account holders to upload, store, display or transmit user generated content, materials, VIZIOgram Content, and other information of interest (“User Content”) on reviews or discussion forums, through the VIZIOgram feature, or other features.

Because VIZIO does not preview or review the postings or User Content on or otherwise via the Service, you must be careful in dealing with other users.

You acknowledge that information provided by other users may, despite prohibitions in the Terms of Use, be harmful, inaccurate or deceptive.

You understand that VIZIO does not edit or control the content, including VIZIOgram Content or other messages or emojis communicated through the Service and will not be in any way responsible or liable for such communication or content.

VIZIO takes no responsibility and assumes no liability for any content, including VIZIOgram Content, posted, stored, transmitted or uploaded to or via the Service by you or any third party, or for any loss or damage thereto. Nor is VIZIO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. VIZIO is not liable for any statements, representations or any other content provided by its users, including you.

Authentication of the true identity of Internet users is difficult, and VIZIO cannot and does not confirm that each VIZIO Account holder is the person who they claim to be.

VIZIO is not involved in dealings between account holders and, therefore, you agree in connection with your use of the Service attempt to settle any disputes directly with such other account holder or other third party.

VIZIO reserves the right to monitor the Service, including the VIZIOgram feature, but VIZIO does not undertake any obligation to do so. In addition, VIZIO reserves the right to take all steps it deems reasonable or necessary to protect individuals, employees, VIZIO and its service providers and for loss prevention and to prevent fraud, including to protect individuals, employees, and VIZIO for the benefit of all VIZIO Account holders or other persons, including (at VIZIO’s sole discretion) implementing prescreening or scanning of uploaded content for potentially illegal content, including child sexual exploitation material.

 

6. USER RULES & CONDUCT

A VIZIO Account is provided to you only for your personal, non-commercial use. Any use of the account not expressly authorized is prohibited. You are solely responsible for all acts or omissions that occur under your account, username or password, including User Content posted to or transmitted via the Service.

As a condition of use, you hereby promise not to use a VIZIO Account for any purpose that is unlawful, commercial in nature (e.g., fundraising, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use. You agree to abide by all applicable local, state, and national laws, regulations and rules. 

You agree not to (a) take any action, or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback, reviews or other service available on or through the Service, in any manner that:

  • Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates these Terms of Use or any other VIZIO agreement;
  • Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
  • Tampers with any security settings or controls in the Service;
  • Reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ('spamming'), chain letters or any form of lottery or gambling;
  • Imposes an unreasonable or disproportionately large load on VIZIO's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of VIZIO or any third party;
  • Creates VIZIO Accounts by any automated means or under false or misleading pretenses;
  • Harvests, scrapes or collects User Content or any information from VIZIO.com or other VIZIO sites or services including any VIZIO device or application;
  • Disguises the source of User Content posted; or
  • Impersonates any person or entity, including any employee or representative of VIZIO.

You agree to perform all of your obligations in respect to any transaction entered into in connection with using the Service.

VIZIO may, at its sole discretion, immediately suspend or terminate any VIZIO Account holder’s account and access to the Service or any part thereof should his/her conduct fail (or appear to fail) to strictly conform to any provision of this section.

The decisions of VIZIO with respect to VIZIO Accounts and the Service are final and binding in all respects.

 

7. CONTENT LICENSE TO VIZIO

By uploading, posting, submitting or otherwise distributing User Content of any kind to VIZIO or Service you:

  • Grant and agree to grant to VIZIO and its affiliates and licensees, with regard to User Content other than VIZIOgram Content, a non-exclusive, transferable, perpetual, irrevocable, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, for the purposes of offering, providing, marketing and promoting VIZIO, the Service and VIZIO products (including, without limitation, being exported under content sharing arrangements with other websites);
  • With regard specifically to VIZIOgram Content, grant and agree to grant to VIZIO and its affiliates and licensees, a non-exclusive, transferable, revocable, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the VIZIOgram Content, in any form, for the purposes of offering, providing, and performing internal maintenance for the VIZIOgram feature;
  • With regard specifically to VIZIOgram Content, represent, warrant, and agree that you have and will maintain, during your use of the VIZIOgram feature, any and all rights necessary to upload the VIZIOgram Content and grant VIZIO the foregoing license, including any and all rights, consents, or permissions necessary to submit VIZIOgram Content depicting other individuals; 
  • Represent and warrant that all User Content includes appropriate attribution to the copyright owner;
  • Represent and warrant to VIZIO that you own or control all rights to such User Content and that public disclosure and use of the User Content by VIZIO (including without limitation, publishing content at VIZIO) will not infringe or violate the rights of any third party; and
  • Acknowledge and agree that the User Content is intended to and will be made available to and used by VIZIO and other users.

 

IMPORTANT: You agree that you will not contribute any User Content unless you have all of the rights (including rights from the copyright or trademark owner) necessary to grant VIZIO the use license and to satisfy all of the warranty requirements described above.

Notwithstanding the foregoing, the Service may provide you with the ability to remove some or all of your User Content posted to VIZIO. Following any such removal, VIZIO will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content at VIZIO. However, you acknowledge and agree that VIZIO may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (for example, content used in any advertising created prior to removal) and that VIZIO will have no responsibility or liability in respect of any content that has been exported by VIZIO or shared with other users via the Service or that has been downloaded or copied by users to other websites, systems and devices.

 

8. CONTENT LIMITATIONS AND RELEASE

VIZIO has no obligation to monitor the Service or any user's use thereof. However, VIZIO reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary. For example, VIZIO may monitor the Service in connection with a security issue or as relates to any applicable law, regulation, legal process or governmental request or investigation.

VIZIO has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, VIZIO and its agents have the right to terminate any VIZIO Account or remove any User Content at any time that, in VIZIO's judgment, does not comply with the Terms of Use or for any other reason. VIZIO is not responsible for any failure or delay in terminating any VIZIO Accounts or removing any User Content.

You will not post any confidential content or other proprietary information that you desire to (or should) keep secret.

As a condition of participation in the Service, you hereby release VIZIO and its affiliates and partners from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the use or otherwise participating in any aspect of the Service. 

VIZIO is not responsible for any unavailability or interruptions to any equipment or service used in connection with, including, without limitation: (a) interruptions to any network, server, internet, website, telephone, satellite, computer or other connections; (b) failures of any telephone, satellite, hardware, software or other equipment; (c) garbled, misdirected or jumbled transmissions; (d) other errors of any kind, whether human, technical, mechanical or electronic; or (f) the failure or incorrect or inaccurate capture of or other information. VIZIO reserves the right to disqualify any person tampering with the operation of the Service, http://www.vizio.com or affiliated sites, or for violation of these Terms of Use.

VIZIO will have no liability for any printing, production, typographical, mechanical or other errors in the Service and/or in a user's VIZIO Account. VIZIO reserves the right to restrict access to an account in its sole discretion.

 

9. THIRD PARTY WEBSITES

If you access various services from and to link from VIZIO devices, your VIZIO Account, the VIZIO Mobile application, or VIZIO.com to other websites on the Internet, these other websites are not under VIZIO's control, and you acknowledge and agree that VIZIO is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by VIZIO or any association with its operators. Additional or different terms and conditions may apply when you access and use other websites. The use of any third-party sites or services is subject to such third-party terms, conditions and restrictions.

Additionally, users are also permitted to log into the Service from external, third-party websites and applications, such as by using third-party accounts with Facebook, Google, or Apple to create a VIZIO Account. You acknowledge that the third-party websites and applications may transmit data, including personal data, to VIZIO for the purpose of providing the Service and related features to you. 

 

10. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and all content and materials created by or for VIZIO and made available on VIZIO devices, at VIZIO.com, or on other affiliated websites are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. VIZIO and its licensors will own and retain all rights, title and interests, including all intellectual property and proprietary rights, to all VIZIO and other VIZIO website content and materials. By VIZIO delivering content or subscription services to you, VIZIO is not transferring any commercial, promotional or other use rights to you and the transmitting of the content or subscription services does not constitute any copyright waiver. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any of the User Content, materials or other information of such websites and the Service. Systematic retrieval of data or other content from VIZIO or other VIZIO websites to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without VIZIO's express prior written consent.

IMPORTANT: If you desire to make any use of any VIZIO proprietary content for any purpose other than personal, noncommercial reference, then you will first secure permission from the owner of that content.

Reproducing, copying or distributing any content, materials or design elements from VIZIO or other VIZIO websites for any other purpose is strictly prohibited without VIZIO's express prior written consent. Attempting to access or use the Service, content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.

 

11. PERSONALIZED ADS, RECOMMENDATIONS AND EMAIL

For units and accounts which have opted in to Viewing Data collection, the Service may tailor ads or tailor recommendations for products, content or other information to you based upon purchase history and interaction with the Service.

You may opt out of personalization of ads and marketing emails in the Email Preference settings of your VIZIO Account.

 

12. TERMINATION

VIZIO may terminate your VIZIO Account or your access to all or any part of the Service in its sole discretion for violation of these Terms of Use or other policies. If a VIZIO Account holder wishes to terminate their account, the account holder may do so at any time by sending an email to privacy@vizio.com that includes their electronic mail address and requests termination of their VIZIO Account.

Upon termination, all rights and obligations of the parties will cease, and that account holder will immediately stop using the Services, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Use will survive, and (b) the provisions of Sections 12-21 will survive. After termination, VIZIO has no obligation to maintain any content in that user’s VIZIO Account (including without limitation User Content and records regarding the account holder’s Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to that account holder or any other user or third party.

IMPORTANT: If you desire to make any use of any VIZIO proprietary content for any purpose other than personal, noncommercial reference, then you will first secure permission from the owner of that content.

Reproducing, copying or distributing any content, materials or design elements from any VIZIO websites for any other purpose is strictly prohibited without VIZIO's express prior written consent. Attempting to access or use the Service, content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.

 

13. DISCLAIMER OF ALL WARRANTIES

THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE'. TO THE GREATEST EXTENT PEMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. VIZIO MAKES NO WARRANY OR PROMISE THAT THE SERVICE WILL OPERATE UNINTERUPTED OR ERROR-FREE.

VIZIO AND ITS RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL PERFORM UNINTERRUPTED OR BE ERROR FREE; (E) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

14. INDEMNITY; LIMITATION OF LIABILITY

If a third party brings a claim against VIZIO, or its affiliates, employees, officers or agents, related to your use of the Service, including VIZIO, VIZIO Pay or your User Content, you will indemnify and hold VIZIO harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.

You agree that VIZIO will not be responsible or liable for any unauthorized access to, alteration or use of your account, purchases on your account or of subscription services, User Content, transmissions or data, any material or data sent or received or not sent or received through the Service. You agree that VIZIO is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.

VIZIO WILL NOT BE RESPONSIBLE FOR (A) LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (B) DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO VIZIO BY YOU DURING THE PREVIOUS 12-MONTH PERIOD, OR FIFTY DOLLARS (U.S. $50.00), WHICHEVER IS GREATER. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY EVEN IF VIZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

15. BINDING ARBITRATION; CLASS ACTION WAIVER (U.S. Residents Only)

UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR VIZIO ACCOUNT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THE FAILURE OF THE SERVICE WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AAA, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the AAA and its rules for arbitration by visiting www.adr.org . Since the Service concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

The filing fees to begin and carry out arbitration will be shared between you and VIZIO, but in no event will your fees ever exceed the amount allowable by the AAA, at which point VIZIO will cover all additional administrative fees and expenses. VIZIO waives its right to recover attorneys' fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys' fees as the arbitrator may determine.

The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Irvine, California, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor VIZIO nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and VIZIO.

ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

 

16. EXCEPTIONS TO BINDING ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (a) you must notify VIZIO in writing within sixty (60) days of the date that you create a VIZIO Account; (b) your written notification must be mailed to VIZIO at 39 Tesla, Irvine, CA 92618, Attn: Legal Department; and (c) your written notification must include (i) your name, (ii) your address, (iii) the date you created a VIZIO Account, and (iv) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.

In addition, you may pursue a claim in small claims court in your county of residence (if in the United States) or in Orange County, California. In such case the provisions of the section titled “Binding Arbitration; Class Action Waiver (U.S. Residents Only)” will not apply.

Except to the extent expressly provided in the preceding paragraphs, the Terms of Use and the relationship between you and VIZIO, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and VIZIO agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, to resolve any dispute or claim arising from these Terms of Use.

 

17. INTEGRATION AND SEVERABILITY

The Terms of Use (together with the Privacy Policy) are the entire agreement between you and VIZIO with respect to the same subject matter between you and VIZIO, including its corporate affiliates. You also may be subject to additional terms and conditions that may apply when you use subscription services, view third-party content or use third-party software or personal accounts.

If any provision of the Terms of Use is found to be unenforceable, other than the class action waiver, that provision will be limited to the extent necessary so that the Terms of Use will otherwise remain in full force and effect. If the class action waiver is found to be unenforceable, then the entire Section 16 (Binding Arbitration; Class Action Waiver (U.S. Residents Only)) will not apply. The failure of VIZIO to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

 

18. GENERAL PROVISIONS

Your rights and obligations under the Terms of Use are personal, and are not assignable, transferable or subject to sublicense, except with VIZIO's prior written consent. VIZIO may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if transmitted by fax or e-mail; or the day after it is sent, if sent by overnight delivery service (e.g., FedEx).

 

19. COPYRIGHT AND TRADEMARK NOTICES

The Terms of Use and all content provided by VIZIO are copyright © 2022 VIZIO, Inc. and/or its licensors or suppliers.

VIZIO is the trademark of VIZIO, Inc. The names and logos of VIZIO used in connection with VIZIO, VIZIO Pay and other VIZIO Services, VIZIO websites, and VIZIO Mobile application are the trademarks or registered trademarks of VIZIO. Other names and logos are the trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.

 

20. PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the following instructions (Copyright Policy):

If you believe that your work, content or information has been copied in a way that constitutes copyright infringement through the Service, please submit your complaint by email or physical mail as follows:

Email: copyright@vizio.com

Mailing Address:

VIZIO, Inc.
 Attn: Copyright Agent
 39 Tesla
 Irvine, CA 92618

 

You must provide the following information, which VIZIO may then forward to the alleged infringer:

(1) Identify and describe the User Content or other material on the Service that you believe infringes your content;

(2) Identify and describe where the content that you claim is infringing appeared or is located on the Service;

(3) Provide your address, telephone number and email address;

(4) Provide a statement, made under penalty of perjury, that: (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (b) the information you have submitted is complete, accurate and true; and (c) you are the owner of the content involved or you are authorized to act on behalf of that owner; and

(5) Provide your physical or electronic signature.

Upon receiving your complaint, VIZIO may remove content that you believe infringes your intellectual property rights. In addition, VIZIO may terminate the VIZIO Account of the account holder who appears to be infringing your intellectual property rights.

 

21. TERMS OF USE CHANGES

VIZIO reserves the right to modify or update these Terms of Use at any time and to add new or additional terms or conditions on your use of your VIZIO Account. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

VIZIO may notify you with respect to your Account or its Services by sending an email message to your email address or by a posting on the Services. Notices shall become effective immediately. VIZIO may also contact you by email or push notification to send you additional information about the Services.