ACCOUNT REGISTRANTS TERMS & CONDITIONS
These Terms & Conditions contain legal obligations which affect You and Your business. Please read them carefully!
1. Nature of account
1.1 Moviecom.tv is a business focused film and video Content platform. This means that the Content which you place on a account should be related to commerce. There are other services more suitable for videos of kittens and puppies!
1.2 Moviecom.tv reserves the right in accordance with these terms and conditions (“Terms & Conditions”) to request the removal of any Content which is (in its absolute discretion) not business focussed or which otherwise is in contravention of these Terms & Conditions.
2. Ownership of account
2.1 The Moviecom.tv websites (www.Moviecom.tv and any variations of or successors to these websites, collectively, the "Moviecom.tv Website" or the 'Website") and the Moviecom.tv Service (together with the Website, the "Moviecom.tv account" or the "account" are owned by Moviecom.tv, Inc. and, from time to time, its subsidiary and associated companies, successors, and assignees (collectively referred to as "Moviecom.tv"). A Moviecom.tv account currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Moviecom.tv at any one time to publish their Content through a Moviecom.tv account on that third party’s site. A Moviecom.tv account may expand or change from time to time.
3. Ownership of Content etc
3.1 Videos that YOU upload or otherwise transmit to Moviecom.tv through a account shall at all times remain your exclusive property. As such, you shall be solely responsible for your videos and the consequences of their posting or publication on or via a account. Video uploads, like any other Content you upload (“Content”), is subject to these Terms & Conditions and in particular clauses 6 and 7 below (as amended from time to time).
3.2 By submitting your video(s), you hereby grant Moviecom.tv and its associated companies, successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works to the extent necessary to make video Content compatible with any Moviecom.tv account), to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your videos or any portion thereof, in or through any medium, whether now known or hereafter created. Moviecom.tv shall also be entitled to use clips of any video for the purpose of promoting the Moviecom.tv Website or accounts, without compensation to you
3.3 You also grant each user of the Moviecom.tv Website or accounts a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your video through the Moviecom.tv Website or any other access point authorised by you and/or Moviecom.tv. This right to access and view your video shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your video. All video uploads will be deemed public information. No video upload shall be subject to any obligation of confidence on the part of Moviecom.tv, and Moviecom.tv shall not be liable for any use or disclosure of any video.
3.4 Moviecom.tv shall be entitled without recourse to you and without liability to remove any Content which it considers, acting reasonably, to be in breach of any of these Terms & Conditions or if required or requested so to do by any competent authority, or person claiming to be the holder of any rights which the Content is alleged to be infringing or any legal requirement or restriction. However, Moviecom.tv shall not be required to monitor or vet any Content for compliance with these Terms & Conditions or otherwise
3.5 Content which you upload to a account may not appear for up to 48 hours after upload to afford you the opportunity to determine not to publish the Content should it have been uploaded in error.
3.6 When you remove or otherwise delete a video from a account, the licenses granted by you to Moviecom.tv and the Moviecom.tv Website users shall terminate but without prejudice to the rights of any person obtained prior to such removal or deletion. You understand and agree, however, that Moviecom.tv may retain (but not display, distribute, or perform) server copies of videos that have been removed or deleted, and that Moviecom.tv shall have no obligation to attempt to remove from distribution any of your videos that are otherwise publicly available through the Internet or other publicly accessible medium.
3.7 Where advertisers have placed advertisements for display next to Content on your account, you may be restricted in removing or deleting any such Content before the contracted-for period in respect of the advert has expired.
4. Acceptance
By using a Moviecom.tv account, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms & Conditions and any other posted guidelines or rules applicable to any website where a Moviecom.tv account is found.
5. Conditions and Restrictions on Use of the account
5.1 In order to establish and use a account, you must firstly agree to these Terms & Conditions. You may not use a account if you do not accept these Terms & Conditions.
5.2 You can accept these Terms & Conditions by simply establishing and using a account. You understand and agree that Moviecom.tv will treat your establishment and use of a account as acceptance of these Terms & Conditions from that point onwards.
5.3 You may not establish and/or use a account and may not accept these Terms & Conditions if (a) you are not of legal age to form a binding contract with Moviecom.tv, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using a account under the laws of the country in which you are resident or from which you access or use a account.
5.4 Moviecom.tv may require you (at your cost) to provide a translation in such form as Moviecom.tv shall require of any Content which is not in English.
5.5 You should print off or save a local copy of these Terms & Conditions for your records.
5.6 You agree not to distribute any part of or parts of the Website, including but not limited to any Content, in any medium without Moviecom.tv's prior written authorisation;
5.7 You agree not to alter or modify any part of the Website or any of a account (including but not limited to the Moviecom.tv Player and its related technologies);
5.8 You agree not to access Content (defined below) or other Content made available on the Website (including Moviecom.tv Content, as defined below) through any technology or means other than the video playback pages of the Website itself, the Moviecom.tv Player, or such other means as Moviecom.tv may explicitly designate for this purpose;
5.9 You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any Content or Moviecom.tv Content or (ii) enforce limitations on use of the Website or the Content accessible on the Website;
5.10 You agree not to use the Website or any accounts (including the Moviecom.tv Player) for any commercial use (other than the display of any Content or as a result of any Advertisement), without the prior written authorisation of Moviecom.tv. Prohibited commercial uses shall include, without limitation:
5.10.1 the resale of access to the Website or any of a account (such as the Moviecom.tv Player); and
5.10.2 the redistribution of a account (including any Content accessible through such accounts) for the purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Moviecom.tv, but shall not include (i) uploading an original video to Moviecom.tv, (ii) maintaining an original account on the Website in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by Moviecom.tv in writing;
5.11 You may include a link back to the Moviecom.tv Website pages containing any Content but you may not modify the Moviecom.tv Player in any way, nor embed the Moviecom.tv player on any other site;
5.12 You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Moviecom.tv servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (Le. not modified) web browser;
5.13 You agree not to collect or harvest any personal data of any user of the Website or any account (and agree that this shall be deemed to include Moviecom.tv account names);
5.14 You agree not to access User Content for any reason other than as intended through and permitted by the normal functionality of a account, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by Moviecom.tv via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
5.15 You agree that you will comply with all of the other provisions of these Terms & Conditions at all times during your use of a account.
5.16 Moviecom.tv grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Moviecom.tv reserves the right at its sole discretion to revoke these exceptions either generally or in specific cases.
5.17 Moviecom.tv is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of a account which Moviecom.tv provides may change from time to time without prior notice to you.
5.18 As part of this continuing innovation, you acknowledge and agree that Moviecom.tv may stop (permanently or temporarily) providing any accounts(s) (or any features within any account(s)) to you or to users generally at Moviecom.tv's sole discretion, without prior notice to you. You may stop using a account at any time, but subject to clause 3.5. You do not need specifically to inform Moviecom.tv when you stop using a account other than for the reasons set out in clause 3.5.
5.19 You agree that you are solely responsible for (and that Moviecom.tv has no responsibility to you or to any third party for) any breach of your obligations under these Terms & Conditions and for the consequences (including any loss or damage which Moviecom.tv may suffer) of any such breach.
6. Prohibited Content
You may not: -
6.1 Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
6.2 Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
6.3 Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age or that of vulnerable young adults, or that discloses personally identifying information belonging to children under 18 years of age or vulnerable young adults or harm minors in any other way.
6.4 Collect or store personally identifying information about other users for commercial or unlawful purposes, save where permitted by the Data Protection Act 1998 and any other applicable data protection legislation.
6.5 Impersonate any person or entity, including, but not limited to, a Moviecom.tv official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through a account.
6.6 Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any part, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
6.6.1 Making available copyrighted software or other Content that has had the copyright protection removed.
6.6.2 Making available serial numbers for software that can be used to illegally validate or register software.
6.6.3 Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
6.6.4 Making available any software files for which the user does not own the copyright or have the legal right to make available.
6.7 Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
6.8 Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of a account or Moviecom.tv.
6.9 Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
6.10 Interfere with or disrupt a account or servers or networks connected to a account, or disobey any requirements, procedures, policies or regulations of networks connected to a accounts.
6.11 Intentionally or unintentionally violate any applicable local, state, national or international law, including, and any regulations having the force of law or use Moviecom.tv or a account to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
6.12 Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with a account.
6.13 Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
6.13.1 Any firearms, explosives, or weapons.
6.13.2 Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
6.13.3 Any alcoholic beverages, (save in accordance with the legal requirements for sale of alcoholic beverages from online shops).
6.13.4 Any tobacco products for human consumption, including, without limitation, cigarettes and cigars, (save in accordance with the legal requirements for sale of tobacco products from online shops).
6.13.5 Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6.13.6 Any controlled substances or pharmaceuticals.
6.13.7 Any items that are counterfeit or stolen.
6.13.8 Any dangerous items.
6.13.9 Any goods or services that do not, in fact, exist.
6.13.10 Any registered or unregistered securities.
6.13.11 Any items that violate or infringe the rights of other parties.
6.13.12 Any items that you do not have the legal right to sell.
6.13.13 Any items where doing so through Moviecom.tv or a account would cause Moviecom.tv to violate any law.
6.14 You expressly acknowledge and agree that Moviecom.tv may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Moviecom.tv, its users and the public. You acknowledge and agree that the technical processing and transmission of a account, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Moviecom.tv with regard to its users may be disclosed in accordance with Moviecom.tv's Privacy Policy.
6.15 Moviecom.tv also may suspend or terminate any user account for any account because of user inactivity. For example, a Moviecom.tv account may be terminated or suspended if a user fails to sign-in to a Moviecom.tv account for an extended period of time or there have been no account views for an extended period. What is considered "user inactivity" varies depending on the account. If one of your accounts is suspended or terminated for inactivity, your right to use such account immediately ceases.
7. Your Content
7.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) these Terms & Conditions as updated from time to time.
7.2 You agree that you will not post or upload any Content which contain Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Moviecom.tv to use or possess in connection with the provision of the services being offered by Moviecom.tv, including accounts (“Moviecom.tv Services”).
7.3 You agree that you will not upload or post any Content that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Moviecom.tv the licence referred to in clause 3.3.
7.4 Moviecom.tv reserves the right (but shall have no obligation) to decide whether Content comply with the Content requirements set out in these Terms & Conditions and may remove such Content and/or terminate a User's access for uploading any User Submission which is in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
7.5 You further understand and acknowledge that in using the Website and the Moviecom.tv Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or other rights or remedies you have or may have against Moviecom.tv with respect to any such Content.
8. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
8.1 Moviecom.tv respects the intellectual property of others. Moviecom.tv cannot, and does not, however, independently confirm that all Content made available through the Moviecom.tv Service is provided by a valid rights holder. In the event that Moviecom.tv becomes aware that Content published on or through the Moviecom.tv Service has been provided by a person who is not a valid rights holder, Moviecom.tv may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Moviecom.tv the following information:
8.1.1 an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
8.1.2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
8.1.3 a description of where the material that you claim is infringing is located or found on the Website or Moviecom.tv Service:
8.1.4 your address, telephone number and, if available, an email address;
8.1.5 a 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; and
8.1.6 a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Moviecom.tv by email as follows:
By Email: copyrightinfo@Moviecom.tv
For a full understanding of any rights and or remedies you may have in the case of any infringement,
please consult with a solicitor.
9. Our Intellectual Property Rights
9.1 The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with these Terms & Conditions. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' Content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Moviecom.tv Content”), is the exclusive property of Moviecom.tv and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with these Terms & Conditions. Moviecom.tv Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Moviecom.tv or Moviecom.tv's licensors. You agree to not use or exploit the Moviecom.tv Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any Content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Moviecom.tv Content. All rights not expressly granted in these Terms & Conditions are reserved to Moviecom.tv and its licensors.
10. Our liability as Host
10.1 We are under no legal obligation to monitor Content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain Content in accordance with the procedure described in the Prohibited Content section (Clause 6), (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to such data, and (iii) the removal of all clearly illegal Content which has been effectively brought to our attention.
11. Registration and access
11.1 In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal Data you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time (subject to clause 6.15). We reserve the right to terminate your use of the Website (and any account) at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your account (and relative account(s)) being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account (and any such account(s)), without prejudice to any other rights we may have.
11.2 Moviecom.tv shall be entitled to use any information provided by you (or by any person visiting or viewing any account) for the purpose of its business, including marketing of the Moviecom.tv Services or any proposed new service without recourse to you. If you do not wish to receive e-mails from Moviecom.tv, or carefully selected third parties, please advise Moviecom.tv in writing.
12. Availability of the Website
12.1 In principle, the Website (and accounts) may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Irrespective of the reason, we shall not be liable for damage of any kind due to the Website or any account being unavailable at any time.
13. Proof, retention and storage
13.1 The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.
14. Indemnity
14.1 You agree to hold harmless and indemnify Moviecom.tv, its employees, agents, representatives and third-party Content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Moviecom.tv Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Moviecom.tv receives notice of such a claim from someone other than the member whose use of the site is in question, Moviecom.tv will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.
15. Advertising
15.1 Moviecom.tv reserves the right to place advertisements on any page on a account, but will afford the account Registrant first refusal to purchase the advertising space on their account. There will be 16 advertisements on each account.
15.2 Except where you have purchased all the advertisement space on a account, Moviecom.tv shall be free to sell the said advertising space to third parties (or use it itself) without recourse to you; Provided that Moviecom.tv shall advise the account Registrant of the identity of any intended advertiser and you shall have 2 business days to intimate any objection by e-mail to stopadvert@moviecom.tv.
15.3 If you intimate a legitimate reason to object to a proposed advertisement, Moviecom.tv shall not place said advertisement on the account. Such right to object may not be exercised in respect of more than 6 times in any six month period. If you have wish to prevent an advertisement being placed and has exhausted the said right to object, the only way in which such can be prevented is for you to purchase any unsold advertising space on a account, such purchase being for a period of not less than 12 months.
15.4 Advertisements run against Content on a account may be sold and served by Moviecom.tv or any of its many advertising partners.
15.5 Moviecom.tv do not store any credit/debit card details on their systems, any payment processing is done securely by PayPal Inc.
16. Third Party Sites / Links
16.1 The Moviecom.tv website or a account may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Moviecom.tv and Moviecom.tv is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Moviecom.tv is not responsible for webcasting or any other form of transmission received from any Linked Site. Moviecom.tv is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or otherwise by Moviecom.tv or any association with its operators.
16.2 If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Moviecom.tv does not endorse and is not responsible or liable for any Content, advertising, products, services or information on, or available from, third party websites or material. Moviecom.tv is not responsible for any damage, loss or offense caused by, or in connection with, any Content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. Moviecom.tv does not claim any legal authorisation to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.
16.3 Moviecom.tv disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with Moviecom.tv.
17. Termination
17.1 Moviecom.tv may terminate the use, distribution or availability of some or all Content and/or the Moviecom.tv Service to you at any time for any reason, upon notice sent to the email address you provided at registration ("Termination")
17.2 Use of the Moviecom.tv Service is subject to compliance with these Terms & Conditions. You acknowledge and agree that Moviecom.tv may terminate and/or suspend your access to any portion of the Website or any account should you fail to comply with these Terms & Conditions or any other guidelines and rules published by Moviecom.tv. Any such termination or suspension shall be in Moviecom.tv' sole discretion and may occur without prior notice, or any notice. Moviecom.tv further reserves the right to terminate or suspend any user's access to Moviecom.tv or to any portion of the Moviecom.tv Service for any conduct that Moviecom.tv, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Moviecom.tv or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any laws or regulations. Moviecom.tv further reserves the right to terminate or suspend any user's access to the Moviecom.tv Service for any reason or for no reason at all, in Moviecom.tv' sole discretion, without prior notice.
18. Liability
18.1 MOVIECOM.TV AND THE MOVIECOM.TV SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIECOM.TV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOVIECOM.TV SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIECOM.TV DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOVIECOM.TV SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE MOVIECOM.TV SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. MOVIECOM.TV SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MOVIECOM.TV SERVICES.
18.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOVIECOM.TV DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE MOVIECOM.TV SERVICES. MOVIECOM.TV DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MOVIECOM.TV DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MOVIECOM.TV MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MOVIECOM.TV WEBSITE PAGES OR ANY STORAGE FACILITIES OFFERED BY MOVIECOM.TV.
18.3 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOVIECOM.TV SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
19. Limitation of Liability
19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MOVIECOM.TV OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MOVIECOM.TV OR ITS LICENSORS HAVE BEEN ADVISED OF OR HAD OTHERWISE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE MOVIECOM.TV SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOVIECOM.TV SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
19.2 SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOVIECOM.TV SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOVIECOM.TV SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOVIECOM.TV WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
19.3 UNDER NO CIRCUMSTANCES SHALL MOVIECOM.TV OR ITS LICENSORS 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.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
20. Jurisdiction and Applicable Law
20.1 These Terms & Conditions and the Moviecom.tv Service are governed by the law of Scotland and subject to the jurisdiction of the Scottish courts.
Moviecom.tv is a trading name of Moviecom Media Limited, (SC315310) 107 Bell Street, Merchant City, Glasgow G4 7TQ
V1.4 - 16.07.10
Moviecom.tv account advertising terms (UK)
1. INTRODUCTION:
1.1 These terms are incorporated into each agreement entered into between Moviecom.tv and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these terms.
1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:
"Moviecom.tv" means Moviecom.tv (a trading name of Moviecom Media Limited, (SC315310) 107 Bell Street, Merchant City, Glasgow G4 7TQ)
"Advertiser" means the person or company placing an advertisement.
“account” means a content account on the Website.
“Credit” means the prepaid right to place a single advertisement on a single account for one month.
"Website" means www.Moviecom.tv or any variation or successor Website which may be offered by Moviecom.tv for advertising.
2. TERMS OF PAYMENT:
2.1 Payments can be made by spending Credits or, (with the prior agreement of Moviecom.tv), by invoice.
2.2 Credits may be purchased at any time by an Advertiser.
2.3 Advertisers must register on the Website and purchase Credits in order to place advertisements on a account. Credits shall be priced in accordance with Moviecom.tv’s pricelist as amended from time to time. No change in the price of a Credit shall affect any Credit purchased prior to any such price change. Each Credit shall be for the period of one calendar month.
2.4 Advertisers paying by invoice will be invoiced on the first day of the contract period set forth on the insertion order. Payment shall be made in full to Moviecom.tv no later than thirty days of the "live" date of the Advertiser's program, as specified in the insertion order. All payments to Moviecom.tv hereunder shall be made in sterling and shall be exclusive of any V.A.T chargeable thereon which shall be payable by the Advertiser in addition, where applicable. Amounts paid after the due date shall bear interest at the rate of 8% per annum above the base lending rate of The Royal Bank of Scotland plc from time to time from the date when payment should have been paid until the date of actual payment, whether before or after judgment. In the event of any failure by the Advertiser to make payment, the Advertiser will be responsible for all expenses (including legal fees) incurred by Moviecom.tv in collecting such amounts. In the event of late payment Moviecom.tv reserves the right to suspend the Advertiser’s information posted on the Website. In this event Moviecom.tv may post an "account suspended" notice in place of any company information supplied.
3. ADVERT ACCEPTANCE
3.1 Acceptance of advertising for any account is subject to space availability and to the account Partner not objecting to the proposed advertising. In the event that, in accordance with the account Partners Terms & Conditions, a account Registrant objects to the inclusion of advertising on a account, the applicable Credit(s) shall be Credited to the Advertiser’s account.
4. ADVERTISER’S REPRESENTATIONS:
4.1 The Advertiser warrants and represents to Moviecom.tv that:
a. it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
b. it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry and legal codes of practice;
c. it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by Moviecom.tv on a account.
4.2 The Advertiser agrees to indemnify Moviecom.tv forthwith on demand and hold Moviecom.tv harmless against any and all expenses, damages and losses of any kind (including all reasonable legal fees and costs) incurred by Moviecom.tv in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the Advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services..
4.3 The Advertiser will defend or settle at its own expense any action or other proceedings brought against Moviecom.tv that relates to the advertisement and/or any material of the Advertiser to which users can link through the advertisement. Moviecom.tv shall notify the Advertiser promptly of any such claim and shall permit the Advertiser to assume and control the defence of such action with Counsel chosen by the Advertiser (who shall be reasonably acceptable to Moviecom.tv) and shall not enter into any settlement or compromise of any such claim without the Advertiser's prior written consent. The Advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by Moviecom.tv in any such action or proceedings.
5. ALTERATIONS TO WEBSITE
5.1 Moviecom.tv reserves the right to re-design parts of or the entire Website as detailed in the insertion order and to re-position advertising and sponsorship accordingly within the account without prior notice.
5.2 The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your Website directly.
5.3 Optimised web pages containing your company name and information may be submitted to search engines at the expense of Moviecom.tv but Moviecom.tv shall not be obliged so to do.
5.4 Positioning of advertisements on a account is at the sole discretion of Moviecom.tv. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.
6. UNUTILISED CREDITS
6.1 If, having purchased and expended a Credit, the Advertiser does not upload the relevant material Moviecom.tv shall have no obligation to provide advertising content and may fill the relevant advertising space with an advertisement for Moviecom.tv or any associated company. Under no circumstances (other than clause 3 above) will any sum be refunded to an Advertiser once a Credit has been utilised.
7. CANCELLATION POLICY:
7.1 After a campaign has started all advertisements must run their contracted duration. An Advertiser shall be under no obligation to run any advertisement for which he has paid or utilised a Credit.
8. CONTENT APPROVAL
8.1 All contents of advertisements are subject to Moviecom.tv's approval. Moviecom.tv reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any Website page or account controlled by Moviecom.tv, or reject any URL link embodied within any advertisement.
9. LIMITATION OF LIABILITY:
9.1 Moviecom.tv will not be liable, in contract, delict, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms for:
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect or consequential losses.
9.2 In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms. In particular, and without limitation, the Advertiser acknowledges that Moviecom.tv will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action or failure to act, of Moviecom.tv, the Advertiser or a third party).
9.3 Nothing in these terms and conditions shall exclude or limit Moviecom.tv's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
9.4 Subject to the above, the liability of Moviecom.tv in contract, delict, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data or in the event that Moviecom.tv fails to electronically publish an advertisement, the Advertiser's sole remedy and Moviecom.tv's entire liability to the Advertiser shall be limited at Moviecom.tv's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
10. NO WARRANTIES BY MOVIECOM.TV
10.1 The Advertiser acknowledges that any Website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. Moviecom.tv makes no warranties of any kind, whether express or implied, in relation to such Website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the Website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
11. MOVIECOM.TV ’S RIGHTS ON FAILURE TO PAY
11.1 Moviecom.tv shall have the right to hold the Advertiser or its agent liable for such monies as are due and payable to Moviecom.tv for advertising which the Advertiser or its agent ordered and which advertising was published and displayed and which has not been paid by use of Credits.
12. NO OTHER TERMS
12.1 No terms other than those set forth in these terms and conditions shall be binding on Moviecom.tv unless specifically agreed to in writing by Moviecom.tv.
13. DELAYS
13.1 Moviecom.tv is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the reasonable control of Moviecom.tv.
14. MISCELLANEOUS:
14.1 These terms (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms. Each party confirms that, in agreeing to these terms, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms save that the agreement of each party contained in this.
15. INVALIDITY
15.1 The invalidity, illegality or unenforceability of any provision of these terms shall not affect or impact the continuation in force of the remainder of these terms.
16. NO PARTNERSHIP ETC
16.1 Nothing in these terms shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
17. APPLICABLE LAWS
17.1 These terms shall be governed by and construed in accordance with Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts in respect of any dispute or matter arising out of or connected with these terms.
Moviecom.tv is a trading name of Moviecom Media Limited, (SC315310) 107 Bell Street, Merchant City, Glasgow G4 7TQ
V1.4 - 16.07.10
Moviecom.tv Copyright Infringement Notification
To report abuse, harassment, inappropriate content or privacy complaints, please e-mail us at info@Moviecom.tv
To file a copyright infringement notification with us, you will need to send a e-mail communication to us with all of the following information in it, using this format:
1. Include a statement telling us that you have found a video on Moviecom.tv which you believe infringes your copyright (for example, "I hereby confirm that I believe the video identified below infringes my copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the video concerned and the full URL for its playback page.
4. Explain to us how the video infringes your copyright (e.g. the sound is copied, the entire video is a copy of an original work made by you, etc.)
5. Identify the type (e.g. a film, a piece of music, a book, etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
6. Provide us with your contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised 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."
9. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
10. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. |
