Edition August 2009
In these General Terms and Conditions of Use:
“Content” shall mean all data such as images, sounds, text, multimedia applications such as e.g. live-stream programs, video and audio, software and any other applications including but not limited to inter-active formats such as forums, chat rooms, and combinations of all the afore listed. It also includes all future Content, including software updates, new versions, releases, formats, variations, enhancements and improvements of the afore listed, as developed or produced from time to time and as made available by MMW on its Player and/or Site.
“GTU” shall mean General Terms and Conditions of Use, as amended from time to time.
“ISP” shall mean internet, telecommunications, cable or other network service providers, as used by User in order to access the Internet and use the Services.
“MMW” shall mean MyMedia World GmbH, a Swiss company, located at Hinterbergstrasse 108, CH-8044 Zürich.
“Player” shall mean the software application, which can be downloaded from the Site or installed through other sources authorized by MMW, as the case may be, and which, upon its installation, enables registered Users to receive and watch parts of the Content on their computer.
“Services” shall mean (a) the Site and/or the Player and (b) the services provided through the Site and/or the Player and (c) all Content made available through the Site and/or the Player, as amended, expanded, modified or reduced from time to time.
“Site” shall mean mymedia-world.com, any other webpage therein or any other website or webpage determined by MMW.
“Territory” is the country or countries in which User is entitled to use the Services.
“User” is a private person of legal age and/or with sufficient legal capacity to conclude agreements, who has read, understood and accepted the GTU and who will use the Services for private use only, subject to GTU.
“User ID” are identifiers of the User including but not limited to User’s e-mail address, User names, passwords etc. that are required to access the Player and/or certain parts of the Site and/or to use the Services. MMW may amend, modify, expand or reduce the User ID conditions at any time.
MMW provides Services to Users, subject to the following GTU. The GTU apply to all existing and future Services, MMW reserves the right to modify, reduce or expand the scope of Services or to interrupt or stop the provision of Services at all times without notifying the User.
By clicking the box regarding the acceptance of the GTU, User confirms (i) that he or she is of legal age and meets the legal conditions to commit to the GTU and to use the Services (ii) that User has read and understood the GTU (iii) that User agrees to the content of the GTU and (iv) that User will always abide by the GTU.
User warrants and confirms that all User information provided to MMW is accurate and complete. User will update his or her information if any changes occur. User is only entitled to one account.
User agrees to keep the User ID confidential and to only use his or her User ID when logging in and using the Services. User shall immediately notify MMW’s customer support if User suspects any unauthorized use of his or her User ID. MMW may suspend or cancel a User account if MMW discovers that the User ID has been abused, e.g. if more than one computer attempt to use it simultaneously or if the User ID is published on the internet.
User shall be responsible for any and all activities performed on its computer. In using the Services, User undertakes not to circumvent the technical measures implemented to restrict usage of the Services and portions of the Services to certain geographic areas (geo-filtering). User further undertakes to always abide by the applicable laws including foreign and international laws, the GTU and the best practices of internet use. User further undertakes to refrain from any activities that violate the aforementioned provisions or third parties’ rights or which are obscene, pornographic or otherwise offensive, unethical or inappropriate. User will refrain from any illegal or unauthorized use or access to third party property such as e.g. computers, hardware, networks, software and data and User will refrain from any action which damages or could damage or destroy third party property such as e.g. computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.
User shall only use the Services for its own private purposes. It shall in particular not make the Services available and accessible to third parties, e.g. to an open group of people by using the Services in public areas, including but not limited to cinemas, theatres, exhibitions, show rooms, hotels, bars, restaurants, or other public space. The receipt or further transmission of Content and the use of the Services in such areas is illegal and violates third party rights including but not limited to copyrights.
User acknowledges that the Services may only be used if the legal and technical conditions are fulfilled. It is the User’s sole responsibility to make sure that his or her computer, IT systems, software and components fulfill the system requirements in order to be able to use the Services and that the contract between the User and his or her ISP, or any other terms applicable to User’s network access, permit the use of the Services, in particular regarding bandwidth use.
User is solely responsible for any fees generated by the use of Services including any costs for transmitting and downloading data etc.
User acknowledges that the Content made available in relation with the Services is copyright protected, may be encrypted or not and is deemed for private, single and instant viewing. User may not temporarily or permanently store or copy any of the Content on its hard disk or on any other data carriers nor may User otherwise make the Services and Content available to third parties, e.g. by cracking the encryption, circumventing or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sublicensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the Services including conversions of Content into other formats etc.
User may not decompile, reverse engineer, disassemble or otherwise intend to make the software used in combination with the Services, including the source code, available to third parties, if not permitted by other agreements.
User further acknowledges and agrees that other third party data published on the MMW website or otherwise made available in combination with the Services may also be copyright protected or otherwise protected by intellectual property rights and User undertakes that he or she will not copy or otherwise use such data without the right holder’s consent.
The use of Services and in particular the Content may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by local laws etc. User is solely responsible that at all times the Services are only made available to persons in his environment or under his responsibility that are of legal age and/or meet any other legal requirements for the use of such Services. In particular, User shall abide by the applicable provisions regarding the protection of minors from harmful media content and User shall be solely responsible for the compliance with such provisions. User shall take all measures required by law and other reasonable measures to prevent minors from viewing or accessing content and data which is inappropriate for them, including the use of any technical means barring minors from accessing the Services or the prohibition of minors to use the Services during certain time slots. MMW has no responsibility or liability for any action or omission of the User or of any third party in this respect.
User acknowledges that the internet is not safe and that unauthorized attacks by third parties on the User’s computer are possible. It is the User’s obligation to protect his or her computer and IT systems, equipment on which the Services are used and his or her software against unauthorized access, bugs, viruses, worms, spy ware, Trojan horses etc. User has to refrain from any and all activities that may endanger the operability and security of the Services and/or of networks.
User is solely responsible for any content provided by User or sent via User’s e-mail account, e.g. to forums, chat rooms etc. on the MMW website or in relation to the Services. In particular, User is solely responsible for the compliance of such User content with the applicable legal provisions and the GTU. MMW is not obliged in any way whatsoever to examine whether User content complies with pertinent laws and regulations. User is furthermore responsible that such content does not violate any third party rights such as copyrights etc. and that such content does not violate human dignity or that it is not discriminatory with regard to gender, religion, race, politics or is in any other way offensive.
User shall hold MMW, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers or auxiliary persons harmless from any claims of third parties filed against any or all of the aforementioned parties, arising out of the violation of any of the obligations, representations or warranties of User.
In some countries, use of the Services or part of the Services is subject to payment of fees. Payment of such fees entitles only to access to the defined package in the defined country. MMW publishes which Services are subject to the payment of a fee and the respective price list for the use of those Services on its Site and/or Player.
Any User reversing a payment made via bank or credit card (a “chargeback”) may be subject to a punitive fee of €50, should MMW deem this chargeback to be unfair. MMW also reserves its right to dispute such chargebacks and recover the original fees from the card issuer. Any chargeback is excluded and shall be deemed unfair if the User has used the Services for one minute or more.
User is aware and agrees that all costs in relation with the use of the Services such as costs of his computing resources, Internet access and connection costs including but not limited to those of ISP’s and/or other telecommunications or network providers for downloading and uploading data, costs of data storage devices and hardware, costs for energy power etc. are at his sole expense.
The software developed by MMW and all data and information displayed on the website and/or Player is copyright protected or otherwise protected by intellectual property rights and may not be used without the explicit consent of MMW.
User agrees that MMW collects and processes certain personal data of user in accordance with the MMW Privacy Policy. The actual and legally binding version of the Privacy Policy is published on the Site and is valid as of the date of its publication. It is User’s sole responsibility to consult the Site from time to time, to take notice of any amendments to the Privacy Policy and to abide by such amendments. If User does not agree with such amendment, User shall cease to use the Service.
User acknowledges and agrees that the downloading of software, Content and other data and the use of the Services is at the User’s sole discretion and risk.
MMW does not represent, warrant or claim, whether expressly or implied that it has all right and title to the Services and that the Services do not violate third party rights.
The Services including the software provided by MMW or by suppliers authorized by MMW is provided “as is”. MMW makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services.
In particular, but not limited to the following examples, MMW does not represent, warrant or claim that the Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, unauthorized third party access (e.g. hacking) or that they are appropriate for the purposes of User. MMW does not represent, warrant or claim that any defects, errors etc. or any other disadvantages of the Services will be corrected. Further, MMW does neither represent, warrant nor claim the continuous and uninterrupted accessibility and availability of the Services, the timely provision of the Services nor the error-free transmission of Services and Content without loss of data packages etc.
MMW does not represent, warrant or claim, whether expressly or implied that the Content or other third party content provided via the Services is accurate, complete, legal and that it does not infringe any third party rights. MMW does not warrant or assume responsibility for any product, application or service advertised or offered by a third party in combination with the use of the Services or displayed on the Player and/or the Site.
MMW is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the User ID.
MMW DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER IMMATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICE, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE IS FULLY DISCLAIMED.
MMW SHALL NOT BE LIABLE FOR ANY ACTIONS OR OMMISSIONS OF THE USER WHICH ARE CONTRARY TO THE APPLICABLE LAWS, THE GTU AND ANY OTHER APPLICABLE PROVISIONS OR FOR ANY USE OUTSIDE OF THE TERRITORY.
The right to use the Services is granted as from the date on which User accepts the GTU and pays the fees for the Services, if any. Such right is granted for an unlimited period of time, subject to the compliance with applicable law and the EULA and/or the GTU by User, and payment of the fees for the Services, if any.
User may cease the use of the Service at any time. In such case, User must immediately and permanently erase all copies of the Player and other software provided in combination with the Services. User will not be entitled to the reimbursement of any fees paid for the Service.
MMW will not be liable for any damages caused by cessation of the Services.
User may not assign or transfer any rights or obligations arising out of these GTU to any third party. MMW may assign any rights and obligations arising out of these GTU including the provision of certain or all Services or parts of it without User’s consent.
MMW reserves the right to modify and to amend these GTU at all times and at its sole discretion without having to notify the User of any such modifications or amendments. The actual and legally binding version of the GTU is published on the Site and is valid as of the date of its publication. It is the User’s sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.
This agreement shall be governed by and construed in accordance with the substantive laws of Switzerland.
The place of jurisdiction shall be Zurich, Switzerland, subject to compulsory places of jurisdiction. User hereby consents to and irrevocably submits to the exclusive jurisdiction of the Zurich courts. Notwithstanding the above, MMW may, at its own election, choose to bring any action against User in the courts of the domicile of the User.