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 » Terms & Conditions [Mirata.TV]

Web TV is a great tool that many communication managers are now using to boost and enhance their communication programmes. Mirata.TV provides a powerful web-based infrastructure to deliver Web TV to the people who matter to you.

Acceptance and Agreement

By accessing and/or using the Mirata.TV web site and the content, features, applications, and services offered in connection with Mirata.TV you agree to be bound by these Terms of Use and the terms and conditions of the Mirata Privacy Notice incorporated into these Terms and Polices. As a user of the Site, you represent and warrant that you have the right, capacity and authority to enter into this Agreement and will abide by its terms and conditions. If you do not agree with the terms and conditions of this Agreement, then you should not access or use the Mirata.TV Site.

This Agreement applies to all users of the Site. Mirata.TV may modify this Agreement from time to time without notice, and such modification shall be effective upon posting to the Site. You agree to be bound by any modifications to this Agreement when you access or use the Site after any such modification is posted on the Site. It is therefore important that you review this Agreement regularly.

Registered Users and Rights To Content

In order to register with Mirata.TV your account must be pre-approved. As a Registered User, you must also be at least 18 years old and affirm that all information you provide in registering with the Site is true and complete. Mirata.TV reserves the right to charge for your registration and for your access to certain content or services on the Site, as may be specified from time-to-time. Users retain any rights they have in photos, videos, audio files, text and other materials they submit to the Site or transmit to other users through the Site. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security or other functions of the Site.

User Submissions

By submitting content to the Site, you hereby grant to Mirata.TV a non-exclusive, royalty-free, sublicenseable, transferable and worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions, and all patents, copyrights, trademarks and other proprietary rights therein, in connection with the Site and the business of Mirata.TV including without limitation for promoting, transmitting and distributing the Site, or any part or derivative thereof, in and through any media and channels. You also hereby grant to each user of the Site a non-exclusive, royalty-free, worldwide license to access, use, modify, perform, display, reproduce, copy, prepare derivative works of, transmit, publish and distribute your User Submissions for their personal, non-commercial use as permitted through the services and functionality of the Site. You are solely responsible for your own User Submissions and the consequences of your User Submissions being posted on and distributed through the Site.

You represent and warrant that:

(a) you have all rights in and to your User Submissions (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your User Submissions to the Site and grant the rights to your User Submissions provided in this Agreement, and (ii) your User Submissions to be posted and transmitted to and through the Site for the purposes contemplated by the Site and this Agreement.

(b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Submissions in the manner contemplated by the Site and this Agreement.

(c) the posting and transmission of your User Submissions on and through the Site for the purposes contemplated by the Site and this Agreement does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity.

Content Flagged As Inappropriate

When content gets flagged as inappropriate, Mirata.TV reviews the content to determine whether it violates our Terms of Use - flagged content is not automatically taken down by the system. If we remove your content after reviewing it, you can assume that we removed it purposefully, and you should take our warning notification seriously. If you find other content on Mirata.TV with the same violations, please flag them so we can review them as well.

Copyright Policy

Mirata.TV prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any user submission or other content infringes upon your copyrights, you may submit a notification by providing Mirata.TV with the following information in writing.

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Prohibited Content and Use

You agree not to submit or post any User Submission to the Site, or transmit any User Submission through the Site, that:

  • violates any patents, copyrights, trademarks or other intellectual property rights
  • is illegal, obscene, pornographic, defamatory, or libelous
  • is abusive, hateful, harassing, or threatening
  • promotes bigotry, racism, or hatred against any group or individual
  • is false, misleading or constitutes a misrepresentation
  • encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate

Althought the Mirata.TV Web Site is designed for both personal and commercial use, it may not be used in connection with any commercial activities or endeavors or the sale of any services or products without prior written approval from Mirata.TV.

You also agree not to:

  • initiate or operate any sweepstakes, contests, advertising barter or pyramid schemes on or through the Site
  • solicit personal identifying information for commercial or unlawful purposes from other users
  • transmit any form of chain letters or junk email to other users
  • use any information obtained from or through the Site to, abuse, harass, or harm another person, or for any illegal activity, or (without our prior written approval) to advertise to, contact for commercial purposes, solicit, or sell to any other user
  • use the Site for, or conduct on or through the Site, any illegal and/or unauthorized activities
  • establish any unauthorized framing of or linking to the Site

Mirata.TV reserves the right to restrict the number of communications which a user may send to other users in any twenty four (24) hour period to a number which Mirata.TV deems appropriate in its sole discretion

While Mirata.TV assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity in connection with the Site that Mirata.TV believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Mirata.TV, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Mirata.TV reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.

Disclaimers

To the fullest extent permitted by law, the site, content and user submissions are provided "as-is" and Mirata.TV expressly disclaims any and all warranties, express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose, with respect to the site, content and user submissions and your use thereof. Mirata.TV does not guarantee any specific results from the use of our web site or services. The web site may not be available temporarily from time to time for maintenance purposes or other reasons.

Mirata.TV disclaims any and all responsibility and liability for:

(a) any inaccuracies, errors or omissions in any content or user submissions posted on or accessed through the site or in any content of any other web site linked to this site,

(b) any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of the site, any content, or any user submissions,

(c) the conduct, whether online or offline, of any user of the site,

(d) any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of video plays on account of technical problems or traffic congestion on the internet or any web site or combination thereof,

(e) any personal injury or property damage resulting from your access and use of the site, content, or user submissions or your interaction with other users,

(f) any unauthorized access to or use of our servers and the information contained thereon, including without limitation, user information,

(g) any bugs, viruses, trojan horses, worms, or other destructive, disabling or malicious programs, codes, subroutines or the like that are transmitted through the site.

Mirata.TV assumes no responsibility for monitoring the site and does not endorse any user submission or any opinion, statements or advice expressed therein. Mirata.TV expressly disclaims any and all liability in connection with your access and use of the site, content, and user submissions and your interaction with other users. You agree that your access and use of the site, content and user submissions and your interaction with other users is undertaken at your own risk.

The site is operated and provided by Mirata.TV from its facilities in the United Kingdom. Mirata.TV does not represent or warrant that the site complies with the laws of the jurisdiction from which you may be accessing the site through the Internet. You are solely responsible for compliance with your local law.

Limitation of Liability

In no event shall Mirata.TV or their respective affiliates, directors, officers, employees, agents, and assigns be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, whether based on an action or claim in contract, equity, negligence, tort or otherwise, arising from your access or use of the site, content or user submissions or your interaction with other users, even if Mirata.TV has been advised of the possibility of such damages. In any event, the liability of any member of Mirata.TV to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Mirata.TV for your registration with the site and your use of the Mirata.TV services during the term of your use.

Indemnity

You agree to indemnify and hold harmless Mirata.TV and their respective affiliates, directors, officers, employees, agents, licensees and assigns, and all other users from and against any and all royalties, fees, damages, penalties, claims, costs and losses arising in connection with any of your user submissions or your breach of any of the terms of this Agreement.

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