These Terms of Use ("Terms of Use") govern your access to and use of the Net2Vu Service by Net2Vu, Inc. (“Net2Vu”) and any videos, information, text, graphics, files or other materials or services (the "Content") displayed or accessible through the Net2Vu Service (collectively, the Net2Vu Service and the Content sometimes referred to as the "Services"). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to Net2Vu’s privacy policy, found at http://www.Net2Vu.com/privacy.htm, which may be modified by Net2Vu at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or Net2Vu’s latest privacy policy, please do not use the Services.
Modification of Terms of Use
You acknowledge and agree that Net2Vu may, in its sole discretion, revise these Terms of Use at any time. By continuing to access or use the Services after Net2Vu makes any such revision, you agree to be bound by the revised Terms of Use.
Privacy
See Net2Vu's Privacy Policy for information and notices concerning Net2Vu's collection and use of your personal information.
Registration and Passwords
Some Services may require you to register. If you choose to register, you must submit a valid e-mail address, select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Net2Vu of any unauthorized use of your password. Net2Vu reserves the right to refuse providing Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
Your Use of the Services
You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of Net2Vu and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content.
These Terms of Use do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. Net2Vu and its licensors reserve the right to change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time without notice in its sole discretion. In no event will Net2Vu be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. Net2Vu may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. You understand that by using any of the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Net2Vu shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that Net2Vu is not responsible for examining or evaluating the Content or accuracy, completeness or authenticity of any Content. Net2Vu, its officers, affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. You agree that you will not use the Services in a manner that would infringe or violate the rights of any other party, and that Net2Vu is not in any way responsible for any such use by you. By accessing or using the Services, you acknowledge that Net2Vu makes no representations or warranties with regard to the appropriateness or accuracy of the Content.
Net2Vu's Property
All right, title, and interest in and to the Services including but not limited to any Content, are and will remain the exclusive property of Net2Vu and the respective owners. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not copy or modify the HTML code used to generate web pages related to the Services. You may not use Services on or in connection with any hardware or software other than a Net2Vu device, for any purpose.
Trademarks
Product names, logos, brands, and other trademarks featured, or referred to, on Net2Vu.com or mtabox.com, are the property of their respective trademark holders. These include, but are not limited to, Net2Vu, YouTube and CinemaNow.
Except for Net2Vu, trademarks and trademark holders are not affiliated with Net2Vu or its products, promotional materials, or website(s), nor do they sponsor or endorse Net2Vu.
Net2Vu will have the right to investigate and prosecute violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. Net2Vu may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Net2Vu has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Net2Vu Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Termination
If you violate any of these Terms of Use, your permission to use the Services will automatically terminate. Net2Vu reserves the right to revoke your access to and use of the Services at any time, with or without cause.
The SERVICES ARE PROVIDED "AS-IS"
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NET2VU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NET2VU MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NET2VU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
Indemnity
You agree to defend, indemnify, and hold harmless Net2Vu, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NET2VU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NET2VU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT NET2VU IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NET2VU WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF NET2VU TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS US (US$50.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NET2VU AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Severability
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.
Waiver
The failure of Net2Vu to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the state of Delaware without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the State and Federal Courts located in Delaware, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use constitute the entire and exclusive agreement between Net2Vu and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between Net2Vu and you regarding the Services.
Contact
If you have any questions about these Terms of Use, please contact Net2Vu at support@net2vu.com. |
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