RPPtv/mimovi may modify this Agreement from time to time and such modification shall be effective upon posting by RPPtv/mimovi on the RPPtv/mimovi Website. You agree to be bound to any changes to this Agreement when you use the RPPtv/mimovi Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on RPPtv/mimovi and that you provide to other Users. Your RPPtv/mimovi profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other RPPtv/mimovi Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and RPPtv/mimovi assumes no responsibility or liability for this material. If you become aware of misuse of the RPPtv/mimovi Services by any person, please contact RPPtv/mimovi by mailing firstname.lastname@example.org
RPPtv/mimovi reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the RPPtv/mimovi Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the RPPtv/mimovi Services is void where prohibited. By using the RPPtv/mimovi Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the RPPtv/mimovi Services does not violate any applicable law or regulation. Your profile may be modified or deleted and your Membership may be terminated without warning, if we believe that you are a student or underage.
2. Term. This Agreement shall remain in full force and effect while you use the RPPtv/mimovi Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. RPPtv/mimovi may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. You acknowledge that RPPtv/mimovi reserves the right to charge for the RPPtv/mimovi Services and to change its fees from time to time in its discretion. If RPPtv/mimovi terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify RPPtv/mimovi immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The RPPtv/mimovi Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by RPPtv/mimovi. Illegal and/or unauthorized use of the RPPtv/mimovi Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RPPtv/mimovi Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the RPPtv/mimovi Services.
6. Proprietary Rights in Content on RPPtv/mimovi.
1. RPPtv/mimovi does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that a you post to the RPPtv/mimovi Services. After posting your Content to the RPPtv/mimovi Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the RPPtv/mimovi Services, you hereby grant to RPPtv/mimovi a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the RPPtv/mimovi Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the RPPtv/mimovi Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the RPPtv/mimovi Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the RPPtv/mimovi Services.
3. The RPPtv/mimovi Services contain Content of RPPtv/mimovi ("RPPtv/mimovi Content"). RPPtv/mimovi Content is protected by copyright, trademark, patent, trade secret and other laws, and RPPtv/mimovi owns and retains all rights in the RPPtv/mimovi Content and the RPPtv/mimovi Services. RPPtv/mimovi hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the RPPtv/mimovi Content (excluding any software code) solely for your personal use in connection with viewing the RPPtv/mimovi Website and using the RPPtv/mimovi Services.
4. The RPPtv/mimovi Services contain Content of Users and other RPPtv/mimovi licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the RPPtv/mimovi Services.
7. Content Posted.
1. RPPtv/mimovi may delete any Content that in the sole judgment of RPPtv/mimovi violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. RPPtv/mimovi assumes no responsibility for monitoring the RPPtv/mimovi Services for inappropriate Content or conduct. If at any time RPPtv/mimovi chooses, in its sole discretion, to monitor the RPPtv/mimovi Services, RPPtv/mimovi nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the RPPtv/mimovi Services, and any material or information that you transmit to other Members and for your interactions with other Users. RPPtv/mimovi does not endorse and has no control over the Content. Content is not necessarily reviewed by RPPtv/mimovi prior to posting and does not necessarily reflect the opinions or policies of RPPtv/mimovi. RPPtv/mimovi makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the RPPtv/mimovi Services. RPPtv/mimovi reserves the right to investigate and take appropriate legal action against anyone who, in RPPtv/mimovi sole discretion, violates this provision, including without limitation, removing the offending communication from the RPPtv/mimovi Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to
Content that, in the sole discretion of RPPtv/mimovi:
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses
sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile.
16. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the RPPtv/mimovi Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the RPPtv/mimovi Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, RPPtv/mimovi reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RPPtv/mimovi deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the RPPtv/mimovi Services, you acknowledge that you will have caused substantial harm to RPPtv/mimovi, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RPPtv/mimovi 50 Great British Pounds for each such unsolicited email or other unsolicited communication you send through the RPPtv/mimovi Services;
18. covering or obscuring the banner advertisements on your personal profile page, or any RPPtv/mimovi page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the RPPtv/mimovi Services or the networks or services connected to the RPPtv/mimovi Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your RPPtv/mimovi Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the RPPtv/mimovi Services in order to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the RPPtv/mimovi Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
27. using the RPPtv/mimovi Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of RPPtv/mimovi to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to RPPtv/mimovi by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the RPPtv/mimovi Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the RPPtv/mimovi Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. RPPtv/mimovi Copyright Agent for notice of claims of copyright infringement can be emailed to: email@example.com.
10. Member Disputes. You are solely responsible for your interactions with other RPPtv/mimovi Members. RPPtv/mimovi reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Disclaimers. RPPtv/mimovi is not responsible for any incorrect or inaccurate Content posted on the RPPtv/mimovi Website or in connection with the RPPtv/mimovi Services, whether caused by Users of the RPPtv/mimovi Services or by any of the equipment or programming associated with or utilized in the RPPtv/mimovi Services. Profiles created and posted by Members on the RPPtv/mimovi Website may contain links to other websites. RPPtv/mimovi is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by RPPtv/mimovi. Inclusion of any linked website on the RPPtv/mimovi Services does not imply approval or endorsement of the linked website by RPPtv/mimovi. When you access these third-party sites, you do so at your own risk. RPPtv/mimovi takes no responsibility for third party advertisements which are posted on this RPPtv/mimovi Website or through the RPPtv/mimovi Services, nor does it take any responsibility for the goods or services provided by its advertisers. RPPtv/mimovi is not responsible for the conduct, whether online or offline, of any User of the RPPtv/mimovi Services. RPPtv/mimovi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. RPPtv/mimovi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the RPPtv/mimovi Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RPPtv/mimovi Services. Under no circumstances shall RPPtv/mimovi be responsible for any loss or damage, including personal injury or death, resulting from use of the RPPtv/mimovi Services, attendance at a RPPtv/mimovi event, from any Content posted on or through the RPPtv/mimovi Services, or from the conduct of any Users of the RPPtv/mimovi Services, whether online or offline. The RPPtv/mimovi Services are provided "AS-IS" and as available and RPPtv/mimovi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RPPtv/mimovi cannot guarantee and does not promise any specific results from use of the RPPtv/mimovi Services.
13. Limitation on Liability. IN NO EVENT SHALL RPPtv/mimovi BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF RPPtv/mimovi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RPPtv/mimovi 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RPPtv/mimovi FOR THE RPPtv/mimovi SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes. If there is any dispute about or involving the RPPtv/mimovi Services, you agree that the dispute shall be governed by English law.
15. Indemnity. You agree to indemnify and hold RPPtv/mimovi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the RPPtv/mimovi Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the RPPtv/mimovi Website or through the RPPtv/mimovi Services causes RPPtv/mimovi to be liable to another.
16. Other. This Agreement is accepted upon
your use of the RPPtv/mimovi Website or any of the RPPtv/mimovi Services and is
further affirmed by you becoming a Member. This Agreement constitutes the
entire agreement between you and RPPtv/mimovi regarding the use of the
RPPtv/mimovi Services. The failure of RPPtv/mimovi to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. RPPtv/mimovi is a trademark of
RPPtv/mimovi Ltd. This Agreement operates to the fullest extent permissible by
law. If any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Within RPPtv there is the mimovi terms
mimovi.com is part of the RPPtv service.
1. ACCEPTANCE OF RPPtv TERMS
Welcome to the RPPtv Ltd Content Upload Service ("Service"). Your use of the Service is subject to these Additional Terms which supplement the RPPtv Terms of Service ("TOS") located above incorporated by reference. RPPtv Ltd ("RPPtv") reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://www.mimovi.com if different from published here and the most recent version of the TOS at the URL indicated above. In the event of any inconsistency between these Additional Terms and the TOS, these Additional Terms shall control.
2. DESCRIPTION OF SERVICE
The Service provides functionality that allows RPPtv users age 16 or older who have a valid RPPtv/mimovi ID ("You") to upload content that may include information, text, images, audio, video, and any other content ("Your Content") to be hosted by RPPtv/mimovi and to be indexed and crawled by RPPtv/mimovi Search and Multimedia Search technology and otherwise used by for public display on any property within RPPtv/mimovi's network of properties and on RPPtv/mimovi's syndicated third-party sites, and for the public posting, viewing and sharing of Your Content with others. You, and not RPPtv/mimovi are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content, including any personally identifying information that you may make available online. If the Service provides You with the option of limiting the sharing of a particular piece of Your Content at a particular time, RPPtv/mimovi will honour the option You have selected for that piece of Your Content at that time, but any such selection shall apply only to that particular piece of Your Content and not more generally to Your Content across the Service. Further, You agree and acknowledge that Your Content and any associated public user profile submitted to the Service may appear on local RPPtv sites in other countries. There is no cost to You to submit Your Content.
3. PROHIBITED CONTENT AND CONDUCT
By submitting Your Content, You agree:
a. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights ("Rights") to Your Content and any other works that You incorporate into Your Content, and You authorize RPPtv to use Your Content in the manner contemplated in these Additional Terms.
b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person's name or likeness in Your Content for use in the manner contemplated in these Additional Terms.
c. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, offensive, indecent, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
d. that You are at least 16 years of age and you acknowledge that children under the age of 16 may not submit content to the Service.
4. SUBMISSION OF YOUR CONTENT TO RPPtv
You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to RPPtv/mimovi, You hereby grant RPPtv/mimovi and its affiliates the following worldwide, royalty-free, non-exclusive, sub licensable and transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display Your Content on the Service, on any RPPtv property or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and
c. to use Your Content for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.
By submitting Your Content for inclusion into the Service, you also grant to RPPtv/mimovi registered users ("RPPtv/mimovi Users") and to others the following non-exclusive license: (i) to access, distribute, display and/or perform Your Content through the Service or through the use of other RPPtv/mimovi services, including publicly on third-party web sites and the Internet generally; (ii) to rate, review, comment on and tag Your Content; (iii) to embed RPPtv/mimovi video player or other form of media player with Your Content on any web site; (iv) to send and distribute Your Content via E-mail, Instant Messenger or otherwise over or through the Internet or any other electronic communications system; and (v) to access, reproduce, distribute and/or perform Your Content via RPPtv/mimovi web service APIs or via RSS or any similar XML or related feeds; and (vi) to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your Video Content as permitted through the functionality of the RPPtv/mimovi Video Service and under these Additional Terms and the TOS, including publicly on third-party web sites and the Internet generally.
The foregoing licenses granted by You shall terminate once You remove or delete, or request removal or deletion of, as applicable, Your Content from the Service, or RPPtv/mimovi removes or deletes Your Content under the TOS or these Additional Terms, and the removal has been processed on RPPtv backend.
RPPtv/mimovi has no duty or obligation, express or implied, to post, host, stream or otherwise include any of Your Content in any RPPtv/mimovi property.
5. ADVERTISING RIGHTS
RPPtv/mimovi reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content, and RPPtv/mimovi will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate RPPtv/mimovi to sell, license or offer to sell or license any advertising, promotion or distribution rights.
You agree to indemnify and hold harmless RPPtv/mimovi, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of the TOS or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
7. RPPtv/mimovi's RESERVATION OF RIGHTS
In addition to all other legal remedies available to RPPtv/mimovi, You acknowledge that RPPtv/mimovi has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your RPPtv/mimovi account or refuse to grant You access to any current or future use of the Service or any RPPtv/mimovi service, with or without warning, if RPPtv/mimovi, in its sole discretion, believes You have: (i) violated or tried to violate the rights of RPPtv/mimovi or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
8. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect
9. LOCATION OF LAWSUIT
The TOS, which apply to Your use of the Service, provide that both You and RPPtv agree to submit to the personal and exclusive jurisdiction of the courts located within the city of London, United Kingdom.
The following is a further clarification for mimovi.com for those creating content with the RPPtv/mimovi tools.
Welcome to mimovi.com, the next generation media production and social interaction site where members make their own movies, share them with friends and colleagues, collaborate and publish for viewing by the public. mimovi.com is operated by RPPtv Ltd and mimovi Ltd and may be accessed through the Internet and through WAP/GPS services provided by certain mobile network providers. By using the mimovi Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to mimovi.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE mimovi SERVICE. YOUR CONTINUED USE OF THE mimovi SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You must be 16 years or older to use the mimovi Service. By registering for the mimovi Service, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a mimovi.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
The mimovi Service is made available for your personal, non-commercial use only. You may not use the mimovi Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the mimovi.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does mimovi have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the mimovi Service.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the RPPtv/mimovi Service. By way of example, and not as a limitation, you agree NOT to:
mimovi does not claim any ownership rights in any Materials that you submit, post, or display on or through the RPPtv/mimovi Services or on the mimovi.com Web site. After submitting, posting or displaying Materials on or through the mimovi Services or on the mimovi.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the mimovi Service, you hereby grant to mimovi a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the mimovi Service.
Without this license, mimovi would be unable to provide the mimovi Service. For example, without the right to modify your Materials, mimovi would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, mimovi could not allow users and Members to listen to media posted by Members. The license you grant to mimovi is non-exclusive (meaning you are free to license your Materials to anyone else in addition to mimovi), fully-paid and royalty-free (meaning that mimovi is not required to pay you for the use on the mimovi Service of the Materials that you post), sub licensable (so that mimovi is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the mimovi Service), and worldwide (because the Internet and the mimovi Service are global in reach). This license will terminate at the time you remove your Materials from the mimovi Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the mimovi Service, mimovi reserves the right to remove all of your Materials from other Member's pages. The license does not grant mimovi the right to sell your Materials, nor does the license grant mimovi the right to distribute your Materials outside of the mimovi Service. You represent and warrant that: (i) you own the Materials posted by you on or through the mimovi Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the mimovi Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the mimovi Service.
RPPtv Ltd and its affiliates and licensors own and retain all rights in the mimovi.com Web site and mimovi Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the mimovi Service by mimovi.com. Except as expressly authorized by mimovi.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of mimovi.com's proprietary information.
(i) statement that you have identified material on the mimovi.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the mimovi.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: mimovi Copyright Infringement Notification]
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to RPPtv. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to mimovi in bad faith.
If you believe that any material that you have uploaded on to the mimovi.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which mimovi has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided mimovi with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: mimovi Copyright Infringement Counter-Notification]
0044 (0) 1730
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to mimovi. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to mimovi in bad faith.
mimovi shall not be responsible for any connection or access to the mimovi.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the mimovi.com website via the Internet or WAP or GPS service, and the Internet/WAP/GPS access charges thereon. You recognize that mimovi shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the mimovi Service via WAP/GPS.
Termination of the mimovi Service
These Terms of Service will apply to your use of the mimovi Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the mimovi Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
mimovi may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the mimovi Service, or any part thereof, with or without notice. You agree that any termination of access to the mimovi Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that mimovi may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the mimovi Service. Where possible, mimovi will use reasonable efforts to give Members fair notice of termination or suspension of their access to the mimovi Service. Further you agree that mimovi shall not be liable to you or any third party for any termination or suspension of access to the mimovi Service or modification of the mimovi Service.
Disclaimer of Warranties
RPPtv Ltd and mimovi ltd and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('mimovi') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the mimovi Service.
mimovi further expressly disclaims (1) that the mimovi Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the mimovi Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the mimovi Service or the content made available as part of the mimovi Service will be correct, accurate, timely, or otherwise reliable.
mimovi expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the RPPtv Service input by other Members is correct or accurate.
mimovi, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE mimovi SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE RPPtv/mimovi SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. RPPtv EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE RPPtv/mimovi SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at mimovi's request defend, mimovi, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the mimovi.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, RPPtv/mimovi will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE mimovi SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL mimovi, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE mimovi SERVICE, WHETHER OR NOT RPPtv/mimovi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RPPtv/mimovi SERVICE, FROM INABILITY TO USE THE mimovi SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE mimovi SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE mimovi SERVICE OR ANY PART OF THE mimovi SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE mimovi SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL mimovi BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND Pounds (_1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF mimovi OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
mimovi may provide you with notices regarding the mimovi.com Service or these Terms of mimovi Service by regular mail, email, or postings to this Web site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the mimovi Services.
These Terms of Service will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the City of London, United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of mimovi's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as mimovi.
Without limiting the foregoing, under no circumstances shall mimovi be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and mimovi with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
RPPtv and mimovi are the company, RPPtv, mimovi and mimovimusic are properties and services of RPPtv.
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