48. Hulu.com

Hulu

Hulu's Terms of Use and Privacy Policy govern the use of their site, with additional terms for each plan they have available. Like other video or content providers we have seen, the sharing agreement details how your interests on the site are shared with advertisers and other third-parties. The terms provide blanket immunity and limited liability for nearly all activity on the site but given the click-wrap agreement in place, these are enforceable terms. 

Representations & Warranties

 

"WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE HULU SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HULU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL HULU OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE "HULU PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). HULU RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU."

Key Definitions

  • "Access Points" refers to, collectively, the hulu.com website (the "Hulu Site"), applications, and other places where any Services are available, including websites and applications of Hulu's third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.

  • "Content"- various offerings of live and on-demand programming, including television shows, movies, clips, and other content.

Sharing Agreements

 

  • We may share information collected from or about you with third parties as explained further below, including business partners, social networking services, service providers, advertisers, and other companies that are not affiliated with Hulu.

  • Business Partners. We work with a number of business partners who help us offer the Hulu Services, including, for example, our content programmers, distributors, and corporate owners. We may share information collected from or about you with such business partners. 

  • Social Networking Services. When you choose to share information with social networking services about your activities on the Hulu Services, including shows you watch or like on Hulu, information about you and your activities will be shared with that social network.

  • Sharing with Facebook. In addition to Hulu collecting certain information from Facebook (as described in Section 2 ("Information We Collect"), if you connect your Hulu and Facebook accounts, you may choose to share information about your activities on the Hulu Services with Facebook and its users, including publishing shows you watch to Facebook. If you visit Hulu while logged into Facebook, then Facebook may be able to identify your browser and associate the technical information provided by your web browser with other information that Facebook already has about you. In addition, when you choose to share information about your activities on the Hulu Services with Facebook, Hulu may send information about you to Facebook. Facebook may make that information visible to Facebook users in accordance with applicable law, Facebook's data policy, and your Facebook privacy settings. We recommend that you familiarize yourself with Facebook’s data policy and privacy controls.

  • Service Providers. We may share the information collected from or about you with companies that provide services to us and our business partners, including companies that assist with payment processing, analytics, data processing and management (e.g., to facilitate our targeted advertising and marketing efforts), account management, hosting, customer and technical support, marketing (e.g., email, online or direct mail communications) and other services.

  • Your Browsers and Devices. We may work with service providers who use information collected from or about you to help us identify the browsers and devices you use for various purposes, including for targeted advertising, analytics, attribution, and measurement purposes. For example, these service providers (along with Hulu) may use your activity on one browser or device to serve you with more tailored advertising on another browser or device. In connection with your use of browsers and devices, please note that certain opt out choices you have as described in Section 7 (“Your Choices, Including Opt-Out Options”) apply only to the specific browser or device from which you opt out.

  • Advertisers and Advertising-Related Service Providers. We may share the information collected from or about you in encrypted, aggregated, or de-identified forms with advertisers and service providers that perform advertising-related services for us and our business partners in order to tailor advertisements, measure and improve advertising effectiveness, and enable other enhancements. This information includes your use of the Hulu Services, websites you visited, advertisements you viewed, and your other activities online.

  • Audience Measurement Providers. Our business partners, such as content programmers, as well as our advertisers, seek to measure the performance of their creative material across many platforms, including the Hulu Services. Accordingly, Hulu may permit the use of third-party measurement software that enables third parties (such as Nielsen) to include your viewing on the Hulu Services in calculating measurement statistics such as TV Ratings. To learn more about your choices with respect to Nielsen measurement software, please see the information we have provided in Section 7 ("Your Choices, Including Opt-Out Options").

  • Third Parties When Required By Law or When Necessary to Protect Your or Our Rights. In some instances, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect the legal rights of Hulu and our affiliates or partners, and each of our respective equity holders, directors, officers, employees, agents, and business partners; to protect the safety and security of users of the Hulu Services or third parties; to enforce our Terms of Use; to protect against fraud; for risk management purposes; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Hulu or another user of the Hulu Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint.

  • Third Parties in Connection with Certain Transactions. If we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including the due diligence process.

  • Parties with Your Consent or When You Otherwise Choose to Share. In addition to the sharing described in this Privacy Policy, we may share any information from or about you with any party when we have your consent or when you otherwise choose to share such information, including as set forth below in Section 5 ("Sharing What You Watch"). Also, certain functions within the Hulu Services may give you the option to share information about your activities on the Hulu Services, for example, by email, text message, social networking, or other sharing function.

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