mdbTV
Multi-Media Digital Broadcast Corporation, (mdbTVTM )
Terms of Use Last updated on 4/1/2008
Please read the Terms of Use carefully
before accessing or using this Site.
ACCEPTANCE OF TERMS
By accessing or using this Site in any way, including using any Services,
downloading Materials or merely browsing the Site (capitalized terms defined
below), you agree to and are bound by the terms and conditions set forth in this
document and in any changes thereto that mdbTVTM may publish from time to time
(collectively, the "Terms of Use"). If you do not agree to all of the
terms and conditions contained in the Terms of Use, do not access or use this
Site.
mdbTVTM may change the Terms of Use and other guidelines and
rules posted on the Site from time to time at its sole discretion. Your
continued access or use of the Site, or any Materials or Services, constitutes
your acceptance of the changes. Your access and use of the Site,
Materials and Services will be subject to the most current version of the Terms
of Use, rules and guidelines posted on the Site at the time of such use. Please
regularly check the "privacy" link on the home page of mdbtv.com to view the
then-current terms. If you breach any of the Terms of Use, your
authorization to access or use this Site, Services and Materials automatically
terminates, and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
THE SITE
Multi-Media Digital Broadcast Corporation, its affiliates and agents
("mdbTVTM ") make this Website and all other websites of Multi-Media Digital
Broadcast Corporation with links to the Terms of Use (collectively, the "Site"),
and the Materials and Services, available for your access and use subject to the
Terms of Use. "Materials" means all information, data, documents (e.g. white
papers, press releases, datasheets, FAQs, etc.), communications, downloads,
files, text, images, photographs, graphics, videos, webcasts, publications,
content, tools, resources, software, code, programs and products made available
or enabled via the Site by mdbTVTM or users of this Site. "Services" means all
services and resources offered or enabled via the Site by mdbTVTM and users of
this Site, including download areas, developer tools services, product and other
information services and communications services such as bulletin boards,
calendars, chat areas, communities, e-mail, forums (including lab and user to
user forums), newsgroups, personal webpages, photo albums and other message or
communication facilities designed to enable you to communicate with others
(collectively, "Communications Venues"). All Materials provided by mdbTVTM are
referred to collectively as " mdbTVTM Materials". All user-supplied Materials
are referred to collectively as "User Materials". Certain Services may involve
collaboration and file-sharing services among a specified group. Materials
posted by users in such group in conjunction with such collaboration and
file-sharing Services are referred to collectively as "Shared Content". The
group of persons among which such collaboration and file sharing involving
Shared Content takes place is referred to herein as the "Work Group". All User
Materials that are not Shared Content shall be referred to herein as "User
Content". mdbTVTM Materials and User Materials may have different restrictions
and conditions associated with them under the Terms of Use and other guidelines
and rules posted via the Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK
INFORMATION
The Materials and Services, as well as their selection and arrangement, are
protected by copyrights, trademarks, patents, trade secrets and all other
intellectual property and proprietary rights (collectively, "Intellectual
Property Rights"), and any unauthorized use of the Materials or Services may
violate such laws and the Terms of Use. Except as expressly provided herein,
mdbTVTM and its suppliers do not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame, download,
transmit, modify, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sublicense or reverse
engineer the Site, Materials or Services, any portions of the Site, Materials or
Services or the selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not to use any
data mining, robots or similar data gathering and extraction methods in
connection with the Site, Services or Materials.
The trademarks, logos and
service marks ("Marks") displayed on this Site are the property of Multi-Media
Digital Broadcast Corporation or other third parties. You are not permitted to
use the Marks without the prior written consent of Multi-Media Digital Broadcast
Corporation or such third party that may own the Marks. mdbTVTM and the mdbTV TM
logo are trademarks of Multi-Media Digital Broadcast Corporation.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and
telecommunications equipment costs, that you incur in order to access or use the
Site, Services and Materials. You must adhere to all limitations on
dissemination, usage and reproduction of any Materials that you download from
the Site that are subject to such limitations. You agree to use the Services
only to access, download, utilize, post, send or receive Materials in an
appropriate manner as related to the particular Materials or Services being
accessed or used by you. As some examples of improper activities when accessing
or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail
addresses, phone numbers, personal information or any other information about
others.
- Use or attempt to gain access to or use another's account, password,
Service, Materials or computer systems or networks connected to any mdbTVTM
server or to the Site without authorization from mdbTVTM, whether through
hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark
or other legal or proprietary rights notices, author attributions or other
information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to
access or Materials through any means not intentionally made available through
the Site or Services.
- Make available any files containing Materials where you do not own or
control, or have not received the necessary licenses to, all Intellectual
Property Rights, rights of privacy and publicity and all other rights in and
to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property
Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the
Site, or any Services, Materials, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Site or any
affiliated or linked sites.
- Transmit unsolicited or bulk communications to any mdbTVTM account holder
or to any mdbtv.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful
or disruptive of another’s equipment, software or other property, including
any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably
should know, cannot be legally reproduced, distributed, performed or displayed
in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the
Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular
Service or Materials.
- Access or use the Site in any manner that could damage, disable,
overburden or impair any mdbTV TM server or the network(s) connected to any
mdbTVTM server.
- Violate any applicable laws or regulations related to the access to or use
of the Site, or engage in any activity prohibited by the Terms of Use.
- Post or otherwise submit any topic, name, material or information that is
child pornography, defamatory, excessively violent, harassing, inappropriate,
indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory
or other user or usage information or any portion thereof, or transmit,
provide or otherwise distribute (whether or not for a fee) such directory or
information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes,
spamming, surveys or any other duplicative or unsolicited messages (commercial
or otherwise).
- Violate the rights of mdbTVTM or any third party (including rights of
privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any mdbTVTM domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including
advertising and making offers to buy or sell goods or services), unless
specifically allowed to do so by mdbTVTM.
When using Services or Materials, you will be subject to any posted
guidelines, rules or licenses applicable to such Services or Materials, in
addition to the Terms of Use. Materials and Services provided by third parties
(collectively, the "Third-Party Services") are governed by separate agreements
accompanying such Materials and Services. mdbTVTM offers no guarantees and
assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility
between a Third-Party Service, mdbTVTM Materials, mdbTVTM provided Services or
another Third-Party Service. You agree that you will not hold mdbTVTM
responsible or liable with respect to the Third-Party Services.
Certain
Services and Materials will only be made available to users who have paid
mdbTVTM a fee for such Services and Materials. Such users may additionally be
required to enter into a subscription agreement or other use agreement for that
particular Service or Material. In addition to these Terms of Use, users of any
Services that include Communications Venues may be required, in mdbTVTM’s sole
discretion, to agree to a separate legal agreement on the Site or otherwise.
Your access to such Communications Venues will be denied for violation of either
the Terms of Use or the applicable agreement.
mdbTVTM, in its sole
discretion, may (but has no obligation to) monitor or review the Materials and
Services at any time. mdbTVTM may at any time without notice and in its sole
discretion: (a) terminate a Service, access to or use of any Materials or an
area of the Site where Materials are posted or submitted; and (b) disclose any
information related to your use of a Service or Material, or the substance of
any of your posted or submitted Materials, as mdbTVTM deems necessary to comply
with applicable law, regulation, legal process or governmental request. You
agree to use extra care when disclosing any personally identifiable information
about yourself or your children in any Services or when you post or otherwise
submit any Materials.
If you are required to establish an account in
connection with a particular Service or Material, you must complete the
designated registration process for such Service or Material. All required
registration information that you provide must be current, complete and accurate
and kept up to date on a prompt, timely basis. If required, you must also choose
a user name and password for such account. It is your sole responsibility to
keep your account number, user name, password and other sensitive information
confidential. If you become aware of any unauthorized use of your account or any
other breach of security, you shall notify mdbTV TM immediately. If any Services
or Materials provide password-restricted access to your sensitive information
(including customer lists and contractual terms), then by accessing or using
this Site and setting up a password-restricted account for such Services or
Materials, you consent to mdbTVTM 's display of such information via such
Services or Materials and accept all risks of unauthorized access to such
information.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools,
utilities, files and otherwise, and accompanying documentation that are made
accessible via the Site (collectively, "Software") are the copyrighted and
patented work of mdbTV TM or its suppliers. Use of such Software is governed by
the terms of the license agreement that accompanies or is included with the
Software, or by the license agreement expressly stated on the Site page(s)
accompanying the Software. Some license terms are available for review at
www.mdbTVTM.com and are incorporated herein by this reference. However, other
terms and licenses may only be posted with the Software downloads or at the Site
page where the Software can be accessed. You will not be able to use, download
or install any Software that is accompanied by or includes a license agreement
unless you agree to the terms of such license agreement. Absent a license
agreement that accompanies the Software, use of the Software will be governed by
the Terms of Use. You agree that you will not decompile, reverse engineer or
otherwise attempt to discover the source code of the Software. The Software is
made available solely in accordance with the license agreement. Without limiting
the foregoing, unless the accompanying license agreement expressly allows
otherwise, any copying or redistribution of the Software is prohibited,
including any copying or reproduction of the Software to any other server or
location for further reproduction, redistribution or use on a service bureau
basis. Any unauthorized use, copying or distribution of the Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Any Software which is downloaded from or made available via the Site for or
on behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Multi-Media Digital Broadcast Corporation, 345 Park Avenue, San
Jose, CA 95110.
USE OF mdbTVTM MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the mdbTVTM Materials and User Content available on this
Site subject to the following conditions:
- The mdbTVTM Materials and User Content may be accessed and used solely for
personal, informational, non-commercial and internal purposes.
- The mdbTVTM Materials and User Content may not be modified or altered in
any way.
- The mdbTVTM Materials and User Content on the Site may not be distributed
or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in
the mdbTVTM Materials and User Content.
- You may not copy or distribute any graphics in the mdbTVTM
- Materials or User Content apart from their accompanying text.
- You will not quote or display mdbTVTM Materials or User Content, or any
portions thereof, out of context.
- mdbTVTM reserves the right to revoke the authorization to view, download
and print the mdbTVTM
- Materials and User Content available via this Site at any time, and any
such use shall be discontinued immediately upon notice from mdbTVTM.
- The rights granted to you constitute a license and not a transfer of
title.
- mdbTVTM Materials and User Content composed of Software are subject to the
additional provisions governing Software set forth herein.
- Any mdbTVTM Materials or User Content made available only upon payment of
a fee or execution of a separate agreement may only be viewed, downloaded and
printed subject to your payment of such fee or execution of such separate
agreement.
- Any mdbTVTM Materials or User Content acquired upon your execution of a
required separate agreement shall be provided with the additional rights and
obligations set forth in that agreement, and your rights to such mdbTVTM
- Materials or User Content shall immediately terminate if you fail to meet
your obligations under or otherwise comply with such agreement or the terms
and conditions of the Terms of Use.
Use of the mdbTVTM Materials or User Content for any
other purpose is expressly prohibited and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the mdbTVTM
Materials and User Content available on this Site are not applicable to the
design, layout or look and feel of this Site. Such elements of the Site are
protected by law, including trade dress, trademark, unfair competition and other
laws, and may not be copied or imitated in whole or in part. No Mark, graphic,
sound or image from the Site may be copied or retransmitted unless expressly
permitted by mdbTVTM. In addition, various sections of the Site may showcase the
work of creative professionals. Such Materials (whether mdbTVTM Materials or
User Content) belong to their creators, may be protected by Intellectual
Property Rights and are for display purposes only. Accordingly, you may not
download or print these works unless there is a notice associated with the work
expressly permitting such uses.
USE OF SHARED CONTENT
Members of a Work Group may use the Shared Content available to such Work
Group in any manner that has been agreed upon by the user providing such Shared
Content. It is your sole responsibility to discuss with others in your Work
Group and determine what limitations, if any, are placed on your use of the
Shared Content distributed within your Work Group. If you obtain access to
materials created or used by others outside of your Work Group, you have no
right to use such materials in any way. You also acknowledge and agree that
mdbTV TM has no liability of any kind should members of your Work Group modify,
destroy, corrupt, copy or distribute your Shared Content, or violate the Terms
of Use or other limitations that you may impose on the use of your Shared
Content.
SUBMITTED MATERIALS
All of your User Materials that you post on or otherwise submit via the Site
and Services shall not be confidential information or trade secrets owned by you
or any other party. You will receive no compensation for any use of your User
Materials. mdbTVTM may, but is not required to, post or use any of your User
Materials that you may post or otherwise submit. mdbTVTM does not pre-screen
User Materials that users provide or otherwise submit via the Site or Services;
however, mdbTVTM may remove any posted or submitted User Materials from the Site
or any Service for any reason without notice in its sole discretion. By posting
or submitting your User Materials, you represent and warrant that you own or
otherwise control all of the Intellectual Property Rights and other rights to
your User Materials as described in these Terms of Use, including all the rights
necessary for you to post or submit your User Materials.
In addition, by
posting or otherwise submitting your User Materials that contain images,
photographs, pictures, videos, webcasts or that are otherwise graphical in whole
or in part ("Images"), you represent and warrant that: (a) you own the copyright
in such Images, or that you have obtained all necessary license(s) from the
copyright owner(s) of such Images to use such Images, or portions thereof, in
keeping with your use in connection with the Site, the Services and as otherwise
permitted by these Terms of Use; (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use; and (c) you have
received consent from any and all persons depicted in such Images to use the
Images as set forth in these Terms of Use, including the distribution, public
display, public performance and reproduction of such Images. By posting or
otherwise submitting Images, you grant to mdbTVTM and all other users of this
Site permission to use your Images in connection with their use permitted by
these Terms of Use (including making prints and gift items incorporating such
Images), including an unrestricted, irrevocable, non-exclusive, worldwide,
royalty-free and fully paid up license under all Intellectual Property Rights to
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate, transmit and reformat your Images, with or without having
your name attached to such Images, in any manner or form and for any purpose,
with full rights to sublicense such rights through multiple tiers of
distribution. You will receive no compensation with respect to the use of your
Images.
You are solely and entirely responsible for all of your User
Materials that you post or otherwise submit via the Site or Services. You shall
assume all risks associated with the use of your User Materials including any
reliance on the accuracy, completeness or usefulness of your User Materials.
mdbTVTM does not guarantee the accuracy, integrity or quality of your User
Materials. You acknowledge and agree that by accessing or using the Site or
Services, you may be exposed to User Materials from others that are offensive,
indecent or otherwise objectionable.
MDBTVTM’S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site,
including (a) comments to Communications Venues, (b) feedback, (c) bug reports,
(d) piracy reports or (e) product suggestions, you grant mdbTVTM and the users
of this Site an unrestricted, irrevocable, non-exclusive, worldwide,
royalty-free and fully paid up license under all Intellectual Property Rights to
use, reproduce, publicly display, publicly perform, copy, edit, modify,
translate, reformat, transmit and distribute such User Materials, with or
without having your name attached to such User Materials, in any manner or form
and for any purpose, with full rights to sublicense such rights through multiple
tiers of distribution, and you also acknowledge and agree that mdbTVTM is free
to use any ideas, concepts, know-how or techniques that you provide for any
purpose without any compensation to you. You acknowledge and agree that mdbTVTM
shall not be liable for any failure to store User Materials on the Site at any
time.
RESTRICTION AND TERMINATION OF USE
mdbTVTM may block, restrict, disable, suspend or terminate your access to all
or part of the Site, Services and Materials at any time in mdbTVTM’s sole
discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other
sites outside of the Site ("Linked Sites"). The Linked Sites are provided by
mdbTVTM to you as a convenience and the inclusion of the links do not imply any
endorsement by mdbTVTM of any Linked Site. mdbTV TM has no control of the Linked
Sites and you therefore acknowledge and agree that mdbTVTM is not responsible
for the contents of any Linked Site, any link contained in a Linked Site or any
changes or updates to a Linked Site. You further acknowledge and agree that
mdbTVTM is not responsible for any form of transmission (e.g. webcasting)
received from any Linked Site.
WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY mdbTV TM UNDER THESE TERMS
OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, mdbTV TM MAKES NO WARRANTY THAT (i) THE SITE, SERVICES
OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE,
SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. mdbTV TM MAY MAKE CHANGES TO THE SITE, MATERIALS AND
SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS
LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE,
MATERIALS AND SERVICES MAY BE OUT OF DATE, AND mdbTV TM MAKES NO COMMITMENT TO
UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i)
mdbTV TM DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS
OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD
PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) mdbTV TM MAKES NO REPRESENTATIONS
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR
SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR
OWN RISK; AND (iv) mdbTV TM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS
OR SERVICES OFFERED BY THIRD PARTIES.
mdbTV TM DOES NOT CONTROL OR ENDORSE
THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY
WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE
SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS,
PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED mdbTV TM SPOKESPERSONS,
AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF MDBTVTM. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, mdbTV TM WILL HAVE NO LIABILITY RELATED TO USER
MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY,
OBSCENITY OR OTHER LAWS. mdbTV TM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO
THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
THE
USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS
DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER
HARM THAT RESULTS FROM SUCH ACTIVITIES. mdbTV TM ASSUMES NO LIABILITY FOR ANY
COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR
COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mdbTV TM OR
VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE. mdbTV TM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU
MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH
RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR
KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY
IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and may contain
references to mdbTVTM products, services and programs that are not available in
your country. These references do not imply that mdbTVTM intends to announce
such products, services or programs in your country. The Site is controlled,
operated and administered by
Multi-Media Digital Broadcast
Corporation from its offices within the United States of America. mdbTVTM makes
no representation that the Site, the Services or Materials are appropriate or
available for use at other locations outside the United States, and access to
the Site from territories where the Site, the Services or Materials are illegal
is prohibited. If you access the Site from a location outside the United States,
you are responsible for compliance with all local laws. See the section on
export control laws below for further information.
PERSONAL INFORMATION AND PRIVACY
mdbTVTM will use and protect your data, such as your name and address, in
accordance with the mdbTVTM Online Privacy Policy, the contents of which are
incorporated by reference into the Terms of Use. Please be aware that your
browser must be enabled to accept cookies in order for you to use certain
Materials and Services or to purchase from the mdbTVTM online store.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MDBTVTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY
DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MDBTVTM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR
THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR
MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR
OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER
CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY
WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF
OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
mdbTVTM will, in appropriate circumstances, terminate the accounts of users
who infringe the Intellectual Property Rights of others. mdbTVTM will
investigate notices of copyright infringement and take appropriate actions under
the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site or in connection with the
Services or Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated Agent for this
Site (identified below), which must contain the following elements:
- A physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have been
infringed;
- A description of the copyrighted work or works that you claim have been
infringed and identification of what content in such work(s) is claimed to be
infringing and which you request to be removed or access to which is to be
disabled;
- A description of where the content that you claim is infringing is located
on the mdbTVTM site;
- Information sufficient to permit mdbTVTM to contact you, such as your
physical address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the
content identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and,
under penalty of perjury that you are the copyright owner or authorized to act
on the copyright owner's behalf.
mdbTVTM 's Designated Agent for Notice of claims of copyright infringement
can be reached as follows:
By mail:
c/o Designated Agent – Copyright
Infringement Claims
Multi-Media Digital Broadcast Corporation
3390
Peachtree Rd NE
Suite 1000
Atlanta, GA 30326
By e-mail:
info@mdbtv.com
The Designated
Agent should be contacted only if you believe that your work has been used or
copied in a way that constitutes copyright infringement and such infringement is
occurring on the Site or on sites linked to from the Site or in connection with
the Services or Materials. All other inquiries directed to the
Designated Agent will not be responded to. Such inquiries should be made through
the feedback procedure.
UNSOLICITED IDEA SUBMISSION POLICY
Any unsolicited ideas, including ideas for advertising campaigns, promotions,
products, technologies, processes, materials, marketing plans or product names,
that are sent to mdbTVTM for consideration via this Site shall not be considered
or accepted by mdbTVTM, nor deemed confidential or proprietary information
(including any original creative artwork, samples, demos or other works
presented in connection therewith).
SPAM E-MAIL AND POSTINGS
In the event of your or others’ access to or use of the Site, Services or
Materials in connection with the transmission of spam newsgroup postings or
unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree
that mdbTVTM would be irreparably harmed there under and that monetary damages
would be an insufficient and ineffective remedy; therefore you agree that
mdbTVTM is entitled to obtain immediate injunctive relief against any such
transmission (in addition to all other remedies available at law or in equity).
mdbTVTM may without restriction block, filter or delete unsolicited e-mail.
ADVERTISEMENTS AND PROMOTIONS
mdbTVTM may run advertisements and promotions from third parties via the
Site, Services or Materials in any manner or mode and to any extent. Your
communications, activities, relationships and business dealings with any third
parties advertising or promoting via the Site, Services or Materials, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, shall
be solely matters between you and such third parties. You acknowledge and agree
that mdbTVTM is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence of
such non- mdbTVTM advertisers on the Site or in connection with the Services or
Materials.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements
or information with respect to: (i) the projection of mdbTVTM 's revenues,
operating margin, income, tax rate, earnings per share, capital expenditures,
dividends, share count, capital structure, or other financial items; (ii) the
plans, objectives, or projections of mdbTVTM for future operations, including
those relating to the products or services of mdbTVTM; (iii) mdbTVTM 's future
economic performance; (iv) assumptions underlying or relating to any of the
foregoing statements or information; and (v) any other projections, estimates,
or forward-looking statements. All such statements and information are
forward-looking statements within the meanings of Section 27A of the Securities
Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such
forward-looking statements are based upon, or will be based upon, mdbTVTM 's
judgment with respect to future events and are subject to a number of
uncertainties and risks that could cause actual results or circumstances to
differ materially from those expressed in the forward-looking statements. mdbTV
TM wishes to caution you that such forward-looking statements are only
predictions and that actual events or results may differ materially. For further
details and information about factors relating to risks and uncertainties
concerning the foregoing or mdbTVTM in general, please refer to mdbTVTM’s SEC
filings. mdbTVTM does not undertake an obligation to update forward-looking
statements.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of mdbTVTM Software are controlled by the United
States Export Administration Regulations, and such Software may not be exported
or
re-exported
to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the
United States embargoes goods. In addition, the Software may not be distributed
to persons on the Table of Denial Orders, the Entity List, or the List of
Specially Designated Nationals.
By downloading Software, you are certifying
that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or
any country to which the United States embargoes goods, and that you are not a
person on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
All mdbTVTM Software, products and publications are
commercial in nature. The Software and documentation available on this Site are
"Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are licensed to U.S. Government end users (A)
only as Commercial Items and (B) with only those rights as are granted to all
other users pursuant to the Terms of Use and the applicable license agreement.
INDEMNITY AND LIABILITY
You agree to indemnify and hold mdbTVTM and its officers, co-branders, other
partners and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of: (a) your User
Materials and any other content (e.g. computer viruses) that you may submit,
post to or transmit through the Site (including a third party’s use of such User
Materials or content (e.g. reliance on the accuracy, completeness or usefulness
of your User Materials)); (b) your access to or use of the Site, Services or
Materials (including any use by your employees, contractors or agents and all
uses of your account numbers, user names and passwords, whether or not actually
or expressly authorized by you, in connection with the Site or any Services or
Materials); (c) your connection to the Site, Services or Materials; (d) your
violation of the Terms of Use; (e) the actions of any member of your Work Group;
(f) your infringement of any third party’s Intellectual Property Rights when
using any of the Software made available on the Site, Services or in any
Materials; (g) your violation of any rights of any third party; (h) your access
to or use of Linked Sites and your connections thereto; or (i) any dealings
between you and any third parties advertising or promoting via the Site,
Services or Materials.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Multi-Media Digital
Broadcast Corporation from its offices within the state of California, United
States of America. By accessing this Site, you agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes and
laws of the State of Georgia, without regard to the conflicts of laws principles
thereof. The parties specifically disclaim the U.N. Convention on Contracts for
the International Sale of Goods. You also agree and hereby submit to the
exclusive personal jurisdiction and venue of the Superior Court of Fulton County
and the United States District Court for the Northern District of Georgia with
respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English.
GENERAL
The Terms of Use and other rules, guidelines, licenses and disclaimers posted
via the Site or in connection with the Materials and Services constitute the
entire agreement between mdbTVTM and you with respect to your access to or use
of the Site, Materials and Services superseding any prior agreements between you
and mdbTVTM on such subject matter (including any prior versions of the Terms of
Use). Notwithstanding the foregoing, to the extent that any terms set forth in
the Terms of Use expressly contradict any terms of a written agreement between
you and mdbTVTM regarding the use of specific Services or Materials (including
Service-specific terms of use and Software-specific licenses) ("Executed
Agreement"), such contradictory terms set forth in the Executed Agreement shall
govern. You may also be subject to additional terms and conditions that may
apply when you use other mdbTV TM services, third party content or third party
software. You may not assign or otherwise transfer the Terms of Use nor any
right granted hereunder without mdbTVTM’s prior written consent. If for any
reason a court of competent jurisdiction finds any provision of the Terms of
Use, or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the parties as
reflected by that provision, and the remainder of the Terms of Use shall
continue in full force and effect. Any failure by mdbTVTM to enforce or exercise
any provision of the Terms of Use or related right shall not constitute a waiver
of that right or provision. The section titles used in the Terms of Use are
purely for convenience and carry with them no legal or contractual effect.