MiMedia Terms of Service
This is an agreement between an individual ("you", "your") and MiMedia ("we", "us", "our") to use the MiMedia service ("Service") to synchronize and back up your data ("Data") using our software (the "Software"). Your use of the Service and Software is subject to this Terms of Service Agreement (the "TOS"), which includes the MiMedia Privacy Policy below and incorporated by reference into the TOS.
Account Creation
To use the MiMedia Service you need to create an account. You agree that the information you provide to create an account is accurate and that you will update that information as necessary to maintain its accuracy by logging into your account through the MiMedia web site or by calling customer support and making changes over the phone.
Free Trial Subscription
MiMedia is pleased to offer you a free subscription so that you can become familiar with the benefits of our service. You are permitted to only one free trial, and certain features of the Service may not be available during this period. In addition, your free trial subscription may be subject to certain storage capacity limitations established by MiMedia from time to time. MiMedia will notify you at least five (5) days in advance of the end of your free trial subscription, using the email address you have provided during registration. Unless you upgrade your account to a Pre-Paid Subscription within five (5) days of the end of your free trial subscription, and following such notice, any data stored on the Service may be deleted and/or destroyed by MiMedia.
Pre-Paid Subscription Information
Depending on the type of pre-paid plan ("Subscription") you choose, the price and duration ("Subscription Period") will vary. Any applicable taxes will be charged in addition to the fee for your Subscription. Your Subscription is subject to the storage capacity limitations established for the plan you select. MiMedia reserves the right to modify the storage capacity limitations by providing written notice to you at least thirty (30) days in advance of the expiration of your Subscription. In addition, MiMedia will notify you at least fifteen (15) days in advance of the expiration of your Subscription. If you do not renew your Subscription within five (5) days of the end of your Subscription period, and following such notice, any data stored on the Service may be deleted and/or destroyed by MiMedia.
MiMedia Hardware
When you enter into a Subscription for the MiMedia Service, we will send you a MiMedia Shuttle Drive (the "MiMedia Hardware"), a proprietary hard drive with MiMedia software already installed, which will enable you to download your personal media to the device and send it to MiMedia for quick upload to our servers. MiMedia Hardware is provided to you for use only in connection with MiMedia Software and Service, always belongs to MiMedia, and must be returned to us at the end of your Subscription Period.
You must reimburse MiMedia for any lost, stolen, damaged, or unreturned MiMedia Hardware. MiMedia reserves the right to charge you a deposit fee or to secure pre-authorized payment for unreturned MiMedia Hardware at the time you enter into a Subscription with MiMedia, to the extent permitted by relevant credit card networks and/or issuing Banks.
MiMedia may modify and/or update the functionality of MiMedia Hardware through downloads from our network, from our equipment or service providers' website, or otherwise.
Renewals and Cancellations
Your Subscription will automatically renew unless you notify us 15 days in advance of the end of your Subscription period that you are cancelling your Subscription or downgrading to a free account. You may cancel or downgrade your subscription by contacting customer service over the phone or through your account on the website.
Refund Policy
You may select an annual or monthly Subscription Period, which will automatically renew unless you notify MiMedia in accordance with the direction above. As a prepaid service, MiMedia does not offer a refund should you choose to cancel or downgrade your Subscription before the end of the Subscription Period. We encourage you to take advantage of MiMedia's one month free trial before deciding on a Prepaid Subscription. You may, however, upgrade your Prepaid Subscription at any time, and receive credit based on the payment(s) you have made for the unused portion of your subscription prior to the upgrade.
Acceptable Use of MiMedia Software and Services
The Service, including any assigned URLs, is provided for your personal use only. You may not transfer or resell your use of the Software, the Service, or any Service Subscription to a third party.
You agree to use the Software and Services only for purposes that are permitted by this TOS, any Additional Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You may not use the Service or the Software to engage in any conduct that:
(1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
(2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts,
(3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
(4) impersonates any person, business or entity, including MiMedia and its employees and agents,
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,
(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
(7) interferes with the use of the Service or Software by others; or
(8) could damage, disable, overburden, or impair MiMedia's servers or networks, or interfere with any other party's use and enjoyment of the Service and/or Software. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
You agree that you are solely responsible for (and that MiMedia has no responsibility to you or to any third party for) any breach of your obligations under the TOS and any Additional Terms and for the consequences (including any loss or damage which MiMedia may suffer) of any such breach.
You agree that MiMedia may take any legal and technical remedies to prevent the violation of this provision and to enforce this TOS and any Additional Terms.
We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used (or have been or will be used) in violation of the TOS or any Additional Terms, (ii) we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past; (iii) you don't cooperate with our reasonable investigation of any suspected violation of the TOS or any Additional Terms; (iv) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent, (v) we reasonably believe that suspension of the Services is necessary to protect our network or our other customers, (vi) a payment for the Services is overdue, or (vii) suspension is required by law.
You acknowledge and agree that if MiMedia suspends your Services you may be prevented from accessing the Services, as well as any files or other content that you have backed up on the Service.
Availability
MiMedia takes commercially reasonable measures to maintain the availability of the Service, however, we do not guarantee that the Service will be available at all times or at times or locations of your choosing. We are not obligated to provide support, maintenance or updates if you have chosen a Subscription plan that does not include said features. MiMedia reserves the right to change, suspend or discontinue the Service or part of the Service without notice.
License to Use Service and Software
Upon creating an account you are licensed to install the Software on any device that is in your possession. MiMedia gives you a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the TOS and any Additional Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MiMedia, in writing.
You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Using our Software and/or Service does not grant you with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the software or service. The Software may be automatically updated when a new version is available.
Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by MiMedia. You may not try to derive source code unless authorized. By downloading the Software and using the Service you agree to comply with any local laws regulating the use of the Software.
You agree to comply with all U.S. export laws, including those by the Department of Commerce Export Administration Regulation (EAR) and the Office of Foreign Asset Control's regulations as administered by Department of Treasury. You cannot export or transfer the Software to any prohibited country as outlined by the EAR or to any person/entity outlined in DOC Denied Persons List, Entities List, the Unverified List, and General Order No. 3 to Supplement No. 1 to Part 736 of the EAR, or on any OFAC list, currently the Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists. You may not export, or re-export the Software to any military entity or military end-use not authorized under the applicable provision of the EAR, nor export or re-export into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions.
You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user. Software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties.
Third-Party Software
The MiMedia Software incorporates certain third-party software and code, which are licensed to you and subject to the license provisions of such providers. Please review the license agreements linked below for the third party software currently in use with MiMedia's solution:
- GNU: http://www.gnu.org/licenses/lgpl.html
- POPT: http://library.pantek.com/Applications/Samba/mirror/unpacked/librsync/popt/COPYING
- ICSharpCode SharpZipLib: http://www.icsharpcode.net/opensource/sharpziplib/
- Microsoft COMDAL: http://www.microsoft.com/opensource/licenses.mspx
- Microsoft GZipEncoder: http://msdn.microsoft.com/en-us/cc300389.aspx
- ASI: http://github.com/pokeb/asi-http-request/blob/master/LICENSE
- JSON Framework: http://www.opensource.org/licenses/bsd-license.php
- Three 20 Lib: http://github.com/facebook/three20/blob/master/LICENSE
- Audiostreamer: http://www.atwofer.com/category/audiostreamer/
License to MiMedia
You retain any rights you already hold in Data that you back up using the Services. By uploading the Data you give MiMedia a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Data you back up through the Service for the sole purpose of enabling MiMedia to provide the Service, to operate its business, and comply with applicable law.
You agree that this license authorizes MiMedia to make Data available to other companies, organizations or individuals with whom we have relationships in order to provide the Services.
In performing the required technical steps to provide the Services MiMedia may (a) transmit or distribute your Data over various public networks and in various media; and (b) make such changes to your Data as are necessary to provide the Services.
The Software may automatically download and install updates from time to time designed to enhance and develop the Service. These updates may include bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates from MiMedia as part of your use of the Services.
You confirm and warrant to MiMedia that you have all the rights, power and authority necessary to grant the above license.
Term and Termination
Once you sign up for an account, you agree to the terms of this agreement. If you do not agree to the terms it is your responsibility to stop using the service and software. If you cancel your account, your subscription will end immediately. We reserve the right to terminate or modify the Terms of Use and any account if required by law. We may also make changes to features of a free account or cancel a free account without liability or notice. MiMedia reserves the right to cancel a Prepaid Subscription for any reason or no reason and without liability to you and will return a prorated portion of fees paid.
Once you delete your account we will remove all backed up Data. No secondary copies or backups will remain. It is fully deleted after 14 days. However, we may retain you name and email address for marketing reasons which you will be able to opt out of. After cancellation you must also uninstall the MiMedia Software.
No Warranty
The software is distributed "as is," "WITH ALL FAULTS," AND "AS AVAILABLE." MIMEDIA MAKES NO EXPRESS WARRANTIES OR GUARANTEES AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW MIMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGMENT.
We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information, and property. You are solely responsible for the suitability of the service chosen. MiMedia is not responsible to you for unauthorized access to your data or the unauthorized use of the Services. You are responsible for the use of the Services by any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
We dO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MIMEDIA REPRESENTATIVE SHALL CREATE A WARRANTY.
You may have additional consumer rights under your local laws that this contract cannot change.
The web site may contain links to other sites. MiMedia is not responsible for the service or content of the other sites. Linked sites are considered a courtesy and in no an endorsement or sign of association. You are responsible for reading the terms of any other web site.
Limitations of Liability
YOUR EXCLUSIVE REMEDY FOR DEFECTIVE SOFTWARE SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF AFFILIATES AND/OR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF ANY PREPAID SUBSCRIPTION FEES THAT YOU PAID US DURING THE PREVIOUS TWELVE MONTH PERIOD.
MIMEDIA, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
By using the service you agree to indemnify and defend the service and its employees for any harm, injury or expenses brought up from you violation of terms. You also agree to indemnify and defend the service and its employees for any harm, injury or expenses brought up from the authorized use of data obtained though your consent under these Terms of Use.
Copyright and Procedures for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the MiMedia website in a way that constitutes copyright infringement, please visit www.mimedia.com for instructions on how to contact us to report possible copyright infringement.
General
We reserve the right to modify the contents of Terms of Use and by using the site you agree to these changes. All logos are trademarks of MiMedia, any use of these trademarks require authorization. MiMedia content or trademarks may not be used in any other web site or software unless given permission.
The TOS and any Additional Terms constitute the whole legal agreement between you and MiMedia and govern your use of the Service.
You agree that MiMedia may provide you with notices, including those regarding changes to the TOS and Additional Services by email, regular mail, or postings on the Service.
You agree that MiMedia's failure to exercise or enforce any legal right or remedy contained in the TOS or any Additional Terms or that MiMedia is entitled to under applicable law will not constitute a formal waiver of MiMedia's rights and that those rights or remedies remain available to MiMedia.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of The TOS or any Additional Terms is invalid, then that provision will be removed from the TOS or Additional Terms without affecting the remaining provisions of those agreements, which will continue to be valid and enforceable.
The TOS, any Additional Terms, and your relationship with MiMedia shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Westchester, New York to resolve any legal matter arising between the parties.
Relevant provisions of the TOS and any Additional Terms shall survive termination or cancellation of your account to the extent necessary to enforce MiMedia's rights under those agreements.
MiMedia, Inc. Privacy Policy
When you register for and use a MiMedia Inc ("MiMedia") account, we collect personal information about you in order to provide the MiMedia service (the "Service") and for other purposes described in this policy. When you register for a MiMedia account, you will also agree to a Terms of Service agreement, of which this privacy policy is a part and into which this privacy policy is incorporated by reference.
Registration Information. When you register for an account, you give MiMedia certain personal information including, without limitation, your name, email address, user generated password, age, gender, mailing address and telephone number. If you register for a paid account, you also need to supply billing information.
Usage, Computer, and Technical Information. When you register your MiMedia account, we place a small text file on your hard drive that is used to authenticate you, store your preferences and record your MiMedia log-in history. You can choose to not accept cookies. Choosing to reject cookies, however, might cause the site to not work properly or certain features to be disabled. Our server logs also automatically collect certain information whenever you visit the site or use the Service, including your IP address, bandwidth, computer speed, browser type, browser language, the web site from which you navigate to our site, the pages you view and your activities on the MiMedia site, the date, time, and duration of your visit, and the web site you navigate to when leaving the MiMedia site. If you registered for a MiMedia account, this information will be personally-identifiable to you.
Files and Content. When you use the MiMedia Service, the content of your files are copied and store on MiMedia's servers. In addition, when you use the Service, our software compiles a list of all of the directories and media types stored on your devices, whether or not you use the Service to back up all such directories and media types. Our product also uploads your address book and other contact information to enable sharing of your media.
How We Use Your Information
MiMedia uses information collected from you to provide and bill for the Service, identify unique visitors to the site, authenticate registered users, understand how our services are used by visitors and registered users, monitor activity on the site for security purposes, and improve the Service, including developing new products, services and functionality. We also use this information to conduct our business, including for accounting, auditing, and legal compliance purposes, as well as customer service and support.
Except as described below, MiMedia does not open, access, scan, or read your stored content files, but does use information about the type of content (i.e., music, video, text, etc.) in order to enhance your experience as a user of the Service. The contents of your address book and other contact information is available for your use to share your content with users you have elected to view your files or folders and may be made available for your use in new or enhanced MiMedia products and services.
Security. By registering and using MiMedia, you acknowledge that your files will be stored on MiMedia's servers. During the upload process, your files will be encrypted using SSL technology. Your files are not encrypted in storage on our servers, however. While MiMedia has implemented physical, technical, and administrative policies and procedures designed to help safeguard your information, we cannot guarantee the security of your information. Only those employees/contractors/agents that need access to perform their job are authorized to access your personal information and they are bound by confidentiality agreements that prohibit misuse of that information.
MiMedia takes commercially reasonable steps to verify the identity of users before they are permitted to access stored information and to change user information (for example, your password or user name). You are responsible for the safekeeping of your username and password.
The MiMedia web site may contain external links and external sites may also contain links to the MiMedia site. MiMedia does not control the privacy or security practices of any linked sites and we encourage you to read and understand the privacy policies posted on those sites.
Disclosure of Information to Third Parties
Affiliates. MiMedia may disclose personal information to its affiliates and joint marketing partners, to improve the Service or inform you about other products and services that we believe may be of interest to you. We prohibit use of this information by affiliates and joint marketing partners in any manner that is inconsistent with this policy.
Service Providers. MiMedia may also use third party vendors and service providers to process some personal information, such as credit card processing. We prohibit use of this information by vendors and service providers for any other purpose and obligate them to take appropriate steps to safeguard your information.
Change of Ownership. In the case of a merger, sale or acquisition, your personal information may be transferred to the new entity. We will require any acquirer to notify you and provide you with the opportunity to opt-out of any use of your information in a way that differs materially from the provisions of this privacy policy.
Other Disclosures. MiMedia reserves the right to disclose personal information, including the content of your stored files, when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of MiMedia, its users or the public as required or permitted by law.
Use of the MiMedia Service by Children
You must be at least thirteen (13) years of age to register for an account, and MiMedia does not knowingly collect information from children under thirteen. If we learn that a child under thirteen has established a MiMedia account, that account will be terminated and any information associated with that account will be deleted and/or blocked as required by law.
Communications from MiMedia
Upon registering with MiMedia, Inc. you will be added to our mailing list and you will receive information about MiMedia's services, your account information and any special offers and promotions. If you do not want to receive information about special offers and promotions simply email support@mimedia.com to unsubscribe. Please note, however, that you may continue to receive account and other important information about the MiMedia Service.
ClickTale Web Analytics
This site uses ClickTale web analytics service. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. ClickTale does not collect personally identifiable information that you do not voluntarily enter in this website. ClickTale does not track your browsing habits across web sites which do not use ClickTale services. For more information see Privacy Policy for Information Collected by the ClickTale Web Analytics Service. MiMedia is using the information collected by ClickTale service to optimize it's website, signup and account creation processes.Your Consent and Contact
By using the MiMedia software and service, you consent to this Privacy Policy. MiMedia may elect to change any part of this policy at any time. Any changes to the policy will be posted on this page and may be communicated to you through an email. Your continued use of the service and software shows your consent to any changes that have been made. If you have any questions or concerns about the policy, contact privacy@mimedia.com.
Additional Terms
Specific features of the MiMedia Service or different subscriptions plans offered by MiMedia may be governed by additional terms and conditions ("Additional Terms"), which will be presented to you when you sign up for that feature. All such Additional Terms are incorporated by reference herein, and supplement but do not replace the provisions of this TOS, except in the event of a conflict between this TOS and such Additional Terms, in which case the Additional Terms shall prevail. Links to the Additional Terms are provided when you register for the feature or plan. To review the Additional Terms applicable to your use of the MediaNet service, please see below:
MediaNet Applicable Terms of Service:
This application incorporates content and metadata ("AMG Content") from All Media Guide, LLC. ("AMG"). AMG grants you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use AMG Content only by means of the intended End User functions of this application software. You agree that you will use the AMG Content for your own personal non-commercial use only. You agree not to: (i) assign, copy, transfer or transmit the AMG Content to any third party; (ii) use or exploit the AMG Content, except as expressly permitted herein; (iii) remove any copyright, trademark, trade names, logos or other intellectual property notices in the AMG Content; or (iv) sell, distribute, publish, disclose lease, license transfer or otherwise use the AMG Content, or any portion thereof, other than as expressly provided in this EULA.
You agree that the license to use the AMG Content granted herein will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the AMG Content. You agree to defend, indemnify and hold harmless AMG and its affiliates from all liabilities, claims and expenses, including attorneys' fees arising from your breach of this EULA.
AMG reserves all rights in the AMG Content, including all ownership rights. You acknowledge that as between you and AMG, all right, title and ownership to the AMG Content remain the exclusive property of AMG, and nothing herein will be deemed to grant you any ownership rights in the AMG Content. You agree that AMG may enforce its rights under this EULA against you directly in its own name.
AMG reserves the right to delete data from the AMG Content or to change data categories for any cause that AMG deems sufficient. No warranty is made that the AMG Content is error-free. AMG is not obligated to provide you with any new, enhanced or additional data types or categories that AMG may choose to provide in the future and is free to discontinue its online services at any time, without any obligation to you.
THE AMG CONTENT IS PROVIDED TO YOU "AS IS." AMG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE AMG CONTENT INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OF THE AMG CONTENT
IN NO CASE WILL AMG OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST REVENUES OR INTERRUPTION WITH BUSINESS UNDER ANY THEORY OF LAW, INCLUDING CONTRACT, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AMG CONTENT. IN NO EVENT WILL AMG'S LIABILITY FOR DAMAGES WITH RESPECT TO THE AMG CONTENT BE IN EXCESS OF TEN DOLLARS REGARDLESS OF THE FORM OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Additional MediaNet Terms:
6. END USER LICENSE AGREEMENT
6.1 You acknowledge and agree that MediaNet will only make the Content available to End Users through the Application pursuant to an EULA which will include the terms set forth in Section 6.2, 6.3 and 6.4, below, as applicable. If applicable, You further agree to implement functionality that provides for End User acceptance of the EULA as a condition to the access of any Content.
6.2 The EULA shall contain, at minimum, the following terms:
6.2.1 The Application and all Content is provided for the End Users' personal, non-commercial, entertainment use;
6.2.2 All Content embodies the intellectual property of a third party and is protected by law;
6.2.3 MediaNet and/or Content Owners may, from time-to-time, remove Content from the MN Open Service without notice;
6.2.4 End Users agree that they will not attempt to modify any software or Content obtained through the MN Open Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Content;
6.2.5 End Users agree to comply with all applicable laws, including copyright law, in their use of the Content and to protect the applicable Content Owner's rights therein;
6.2.6 Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is a violation of the law and is expressly prohibited;
6.2.7 Other than as expressly set forth herein, copying, sharing or transferring of the Content is expressly prohibited;
6.2.8 Each purchase of Content shall be deemed a final, non-refundable sale;
6.2.9 The availability and prices of Content are subject to change without notice;
6.2.10 MediaNet and the Content Owners are the intended beneficiaries of the EULA and shall have the right to enforce the EULA against an End User;
6.2.11 The MN Open Service including all Content and other information, materials and products included on or otherwise made available to you through the MN Open Service are provided "as-is" and "as available" without warranties of any kind from MediaNet Digital, Inc. or any Content Owners. To the full extent permissible by applicable law, MediaNet and all Content Owners disclaim all warranties of merchantability and fitness for a particular purpose. Neither MediaNet nor any Content Owners warrant that the MN Open Service or any Content, information, materials or products included on or otherwise made available to you through the MN Open Service are free of viruses or other harmful components;
6.2.12 Neither MediaNet nor any Content Owners will be liable for any indirect, incidental, punitive, special or consequential damages of any kind arising from the use of the MN Open Service or from Content, information, materials or products included on or otherwise made available to you through the MN Open Service, or for any damages in excess of the amount paid for the specific item of Content giving rise to the applicable claim for damages;
6.2.13 MediaNet and the Content Owners reserve the right to modify the usage rules contained in the EULA at any time;
6.2.14 Monitoring usage of the Content entails the ongoing involvement of and/or monitoring by MediaNet and/or its licensors;
6.2.15 End Users agree that their access of the MN Open Service, including accessing and/or purchasing Content is acknowledgement of their acceptance of and agreement to use the MN Open Service in accordance with the EULA and that any other use of the MN Open Service will constitute a breach of the EULA and may constitute a violation of law, including copyright infringement;
6.2.16 MediaNet and the Content Owners reserve all rights that they may have in law or equity to enforce the EULA or the use of the Content.
6.3 If Sound Recordings are available to Customers through the MN Open Platform, the EULA shall also contain the following additional terms:
6.3.1 Audio Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of albums;
6.3.2 All Audio Downloads sold through the MN Open Service are encoded in a high quality MP3 format;
6.3.3 Once an Audio Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device;
6.3.4 Streams may not be captured, saved, copied or stored by any means whatsoever, unless such functionality is made available as part of the MN Open Service;
6.3.5 Sound Recordings may not be used as a musical "ringer" in connections with phone calls;
6.3.6 All Audio Downloads of Sony Music Entertainment content are sold directly by SME Digital LLC via MediaNet as its agent.
6.4 If eBook Downloads are available to Customers through the MN Open Platform, the EULA shall also contain the following additional terms:
6.4.1 End Users acknowledge that use of eBook Downloads may require extra software and/or hardware, and any use of such software and/or hardware is their sole responsibility.
6.5 You shall ensure that notice of the EULA is conspicuously displayed and accessible to End Users at all times.
