|
IMPORTANT LEGAL NOTICE
You should read the following Terms carefully before using this
Site. Using this Site indicates that you accept these Terms and agree to be
legally bound by them. If you do not accept them, please do not use this Site.
1.
TERMS OF USE
1.1
This website under the domain name www.b2b.mtvni.com ("Site")
is operated by MTV Networks a division of Viacom International Inc and Black
Entertainment Television LLC an indirect subsidiary of Viacom Inc (together referred
to in this document as "we", "us" or "our").
These terms of use and privacy policy (“Terms”) apply to the entire
contents of this Site and your use of it. You must also comply with the terms
of any licence agreement you have entered into in respect of your use of this
Site and the Content on it.
1.2
“Content” means any text, graphics, photos, pictures, line
drawings, animation, audio, video, data, software and/or any other material or
information that is made available though this Site.
2.
CHANGES TO TERMS
We reserve the right to change these Terms at
any time in our sole discretion. You should check this Site from time to time
to review the Terms because they are binding on you as soon as we post any
changes. Your continued use of the Site following any change will constitute
your acceptance of the revised Terms.
3.
password, security and use
3.1
The right to use this Site is personal to you, and is not
transferable to any other person or entity. You are entirely responsible for
maintaining the confidentiality of your user name, password and other account
details. You are also responsible for all activities that occur under your
account. You agree to:
(a)
notify us immediately of any unauthorised use of your account or
any other breach of security; and
(b)
logout from your account at the end of each session.
3.2
We will not be liable for any loss or damage arising from your
failure to comply with these Terms.
3.3
We may discontinue or restrict your use of the Site for any reason
without notice.
4.
Service Access
4.1
While we endeavour to ensure that this Site is normally available
24 hours a day, we will not be liable if for any reason this Site is
unavailable at any time or for any period.
4.2
Access to this Site may be suspended temporarily and without
notice, for example in the case of system failure, maintenance or repair or for
reasons beyond our control.
5.
DISCLAIMER
5.1
While we endeavour to ensure that the information and materials on
this Site are correct, we do not warrant the accuracy or completeness of such
information or materials. We also endeavour to test and check the Site for
viruses, but we do not warrant that the Site and Content on it is virus free
and we recommend that you run anti-virus programs on any Content posted or
otherwise transmitted via the Site.
5.2
This Site and all Content on it is distributed and transmitted on
an "as is" and "as available" basis, without any
conditions, warranties, or other terms of any kind other than as we expressly
provide in these Terms. Accordingly, to the maximum extent permitted by
applicable law, we provide you with access to this Site on the basis that all
representations (except fraudulent representations), warranties, conditions and
other terms, either express or implied, are excluded. This exclusion includes,
without limitation, all warranties as to:
(a)
satisfactory quality, accuracy, completeness, reliability, fitness
for a particular purpose and the use of reasonable care and skill;
(b)
the non-infringement of any third party's intellectual property or
other rights;
(c)
the server that makes the Site available being free of viruses or
other disruptive code which may infect, harm or cause damage to your computer
equipment or any other property when you access, browse, download, or otherwise
use this Site.
5.3
We make no warranty or representation that Content made available
on this Site will be appropriate or freely available for use in every country.
If you choose to use this Site you do so at your own initiative and are
responsible for compliance with local laws, if any, to the extent that local
laws may be applicable. Access to this Site from territories where the Content
on this Site is illegal is prohibited.
5.4
If any law applicable to your access of this Site does not allow
for the exclusion of any or all of the warranties, conditions and other terms
set out above, then the exclusions which are not permitted by that applicable
law will not apply to you.
6.
LImitation of liability
6.1
To the fullest extent allowed under applicable law, we and our
affiliates, and their respective officers, directors, employees, shareholders,
agents, licensors, representatives, and third party providers to the Site
exclude all liability for any loss or damage that may result to you or a third
party as a result of your use or inability to use this Site and any Content on
this site.
6.2
The exclusion in clause 6.1 includes, without limitation, any
direct, indirect, punitive or consequential loss or damages or loss of income,
loss of actual or anticipated profits, loss of business, loss of contracts, loss
of goodwill or reputation, loss of anticipated savings and loss of data, in
each case howsoever arising, whether such loss or damage was foreseeable or in
the contemplation of the parties and whether arising in or for breach of
contract, tort (including negligence), breach of statutory duty, indemnity or
otherwise.
6.3
To the extent that it is not possible under applicable law to
exclude any category of liability as described in clause 6.2, then in no event
will the aggregate liability of us, our affiliates and the officers, directors,
employees, shareholders or agents of any of them, exceed any amount that may
have been paid by you for accessing the Content made available on this Site.
6.4
Nothing in these Terms excludes or limits any liability for:
(a)
death or personal injury caused by negligence;
(b)
fraud; or
(c)
any liability which cannot be excluded or limited under applicable
law.
6.5
If your use of Content on this Site results in the need for
servicing, repair or correction of equipment, software or data, you will be responsible
for all costs of doing so.
6.6
If you are in Germany, clauses 6.1 to 6.3 will be replaced with
the following provisions:-
"6.1 Our liability to you for
breach of these Terms is limited to breach of a material obligation caused by
our negligence, for which we will be liable for those losses that would typically
be foreseeable at the time of agreeing to the Terms. We will not otherwise be
liable for any loss or damage that may result to you or a third party as a
result of your use or inability to use this Site and any Content on this site.
6.2 The
provisions of Clause 6.1 above do not apply to any mandatory statutory
liability and in particular to liability under the German Product Liability
Act, liability for assuming a specific guarantee or liability for culpably
caused personal injuries."
7.
USER CONDUCT
7.1
You agree not to use this Site for any purpose or in any way:
(a)
that infringes any intellectual property or other right of us or
of any third party;
(b)
which is unlawful, including, without limitation, for any purpose
or in any way which is defamatory, obscene, seditious, offensive, pornographic,
abusive, profane, sexist, homophobic, deceptive, liable to incite racial
hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of
confidence or in breach of privacy;
(c)
for which you have not obtained all necessary licences and/or
approvals;
(d)
which constitutes or encourages conduct that consitutes a criminal
offence, gives rise to civil liability, or is otherwise contrary to any
applicable law; or
(e)
which is technically harmful (including, without limitation,
hackings, computer viruses, logic bombs, Trojan horses, worms, phishing,
spoofing, denial of service attacks, harmful components, corrupted data or
other malicious or harmful data, program or content).
7.2
You acknowledge that we are entitled to co-operate fully with any
law enforcement authorities, courts or in response to any other request which
we think is appropriate and to disclose the identity and location of anyone
using this Site.
7.3
We expressly reserve the right to terminate your access this Site
and to take any other action we deem appropriate if you use this Site in breach
of these Terms.
8.
INTELLECTUAL PROPERTY
8.1
Unless otherwise stated all intellectual property rights and
rights in respect of information in this Site and its Content are owned by us,
our affiliated companies or our licensors.
8.2
You agree not to reproduce, modify, create derivative works from,
display, perform, publish, distribute, disseminate, broadcast or circulate any
Content on this Site without our express prior written consent or in accordance
with the terms of any licence agreement governing your use of our Content.
9.
LINKS TO and from THIRD PARTY SITES
9.1
Any links on this Site to third party websites are provided solely
for your convenience. If you use these links, you will leave this Site. We do
not control and are not responsible in any way for any third party websites or
their content or availability. We do not endorse or make any representations
about them or their content and you use third party websites entirely at your
own risk.
9.2
If you would like to link another website to this Site, you may
only do so if you obtain our prior permission in writing and in any event any
link shall only be to the home page of this Site.
9.3
We reserve the right to revoke any permission granted to link to
this Site and to remove any link from this Site for any reason and at any time
without notice.
10.
WAIVER
10.1
To the extent permitted by applicable law, you release and waive
your right to bring any legal proceedings against us or any of our related
companies for any loss arising from your use of this Site, including without
limitation any loss you may suffer as the result of viewing, uploading or
downloading any Content made available on this Site.
10.2
Some countries do not allow this waiver, so this waiver may not
apply to you or may only apply to you in part. You may also have other rights,
which vary from country to country.
11.
Severability
If any provision of these Terms is found by any
court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability will not affect the other
provisions of these Terms which will remain in full force and effect.
12.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
us, our affiliates, and our and their respective officers, directors,
employees, agents, licensors, representatives, and third party providers to the
Site from and against all losses, expenses, damages and costs, including
reasonable legal fees, resulting from any violation of these Terms by you or
anyone else who is acting under your direction, authority or control (including
without limitation resulting from any publication, distribution, exhibition, or
other use of the Content used or posted by you or by anyone else that is using
your account). We reserve the right to assume, at our sole expense, the
exclusive defence and control of any matter subject to indemnification by you,
in which event you will fully cooperate with us in asserting any available
defences.
13.
CORPORATE INFORMATION
MTV Networks operates and controls this Site
from its offices at 1515 Broadway, New York, New York 10036, United States of
America. MTV Networks is a division of
Viacom International Inc a company established under the laws of Delaware. You can contact MTV Networks in
relation to the use of this Site at:
(a)
Email: David.Tripodi@mtvstaff.com
(b)
Telephone number: 212-258-7642
14.
PRIVACY POLICY
14.1
We are committed to ensuring that your privacy is protected. This
section explains how we use any information collected about you through your
use of this Site.
14.2
When you visit this Site you may be asked to provide information
about yourself such as your name, domain name, postal address, e-mail address,
telephone or mobile number ("Personal Data"). You may be asked
to provide such Personal Data for a number of purposes associated with use of
this Site.
14.3
We may also use aggregate information and statistics for the
purposes of monitoring Site usage in order to help us develop this Site and the
products and services offered on it ("Aggregate Data").
14.4
From time to time we may provide your Personal Data and/or
Aggregate Data to our customer service agencies, which may be third parties,
for research and analysis purposes so that we can monitor and improve the
products and services we provide.
14.5
The internet is not a secure medium. However, we have put in place
various security procedures to protect your Personal Data. Our internal
procedures cover the storage, access and disclosure of your Personal Data.
14.6
If any of the Personal Data that you have provided to us changes,
please let us know using the details on the Contact Details page of this
Site.
14.7
By providing your Personal Data to us, you consent to the use of
your Personal Data as set out in these Terms. As explained above, if we change
these Terms, we will post the changes on this Site and continued use of this
Site will indicate that you agree to those changes.
14.8
The Personal Data you provide will be transferred to countries
outside the European Union that may not have similar protections in place
regarding your Personal Data and its use as set out in these Terms. By
submitting your Personal Data you consent to these transfers.
14.9
By accessing this Site, we, our affiliated companies or our
service providers may send cookies (small pieces of data placed on your hard
disk drive when you access a website or a certain part of a website) to your
computer or other access device in order to personalise your visit to this Site
and/or to learn more about your use or browsing habits while visiting this
Site. The cookie may be a persistent or single session cookie.
14.10
The "Help" section of the toolbar on most browsers will
tell you how to prevent your browser from accepting new cookies, how to have the
browser notify you when you receive a new cookie, or how to disable cookies
altogether. However, if you disable cookies, some of the features this Site may
not be available and your use of our Site may be limited.
15.
GOVERNING LAW AND JURISDICTION
These Terms are governed by English law.
Disputes arising in connection with these Terms will be subject to the
exclusive jurisdiction of the English courts.
© MTV Networks. MTV, VH1 and Nickelodeon and related marks
are trademarks of MTV Networks. BET and related marks are trademarks of Black
Entertainment Television LLC. ALL RIGHTS RESERVED.
This page was last updated on 30 October 2006
|
