(v/1.0 - 24-MAY-2015)
The Terms of Service below are the binding agreement (Agreement) between you, the user of the TVEVT Service (Service), and TVEVT Ltd. (TVEVT), whether such use of the Service is done by you as an individual or as a proxy for another legal entity on behalf of which you operate.
“Device” - a personal computer and/or computer server and/or any device or machine and/or cellular phone and/or tablet and/or any portable device or machine by which a User can use the Service.
“Purveyed Content” - videos, audio, pictures, text, information, and all other content purveyed, sent, uploaded or otherwise made available by a User in connection with the Service.
“Purveying User” - a Member who has provided Purveyed Content in connection with the Service.
“Procuring User” - a User who has requested to procure, acquire, purchase or receive a license and/or consent to view and/or use Purveyed Content in connection with the Service.
“Registration Form” - a web-based or signed paper registration form completed by you when signing up for the Service.
“Service” - the provision and/or license by TVEVT to you of a service and/or a mobile phone applications and/or a computer based application for purveying of and/or sending and/or uploading and/or making available Purveyed Content by Purveying Users for its procurement and/or acquisition and/or purchase and/or receive by other Users. The Service includes all associated software, content and functionality available at the Website and all associated mobile and/or computer applications.
“Website” - the web site at www.TVEVT.com and/or any such other web site(s) by which you and/or Users interact and/or communicate with TVEVT and by which you may access the Service.
“Software” - any mobile and/or PC applications and/or web based application and/or any other proprietary software made available to you by TVEVT to enable the use of the Service, and all updates and/or associated documentation made available as a part of the Service.
“User” - an individual or entity that has registered to be a user of the Service.
TVEVT shall provide the Service to you, subject to the terms and conditions of this Agreement and applicable terms set forth on the Website and the Registration Form filed or completed by you. Any rights to the use of the Service by you are non-exclusive and nontransferable. The Service can be used by you only for your own benefit.
By becoming a User you agree that the Service require the use of location information on your Device and/or your IP address, and grant TVEVT's your consent to access this location information and send messages to you regarding potential Purveyed Content near that location.
ANY REQUEST SENT TO YOU BY TVEVT AND/OR VIA THE SERVICE SHALL NOT BE INTERPRETED BY YOU AS ENCOURAGEMENT OR CONDONING TO ATTEMPT TO OBTAIN ANY CONTENT, INCLUDING POTENTIAL PURVEYED CONTENT, IN CIRCUMSTANCES THAT MAY BE HAZARDOUS OR TO CONDUCT ANY ILLEGAL ACTIVITY. TVEVT SHALL NOT BE HELD ACCOUNTABLE BY YOU TO ANY CLAIM OTHER THAT FAILURE TO PAY YOU DUE REVENUES FOR PURVEYED CONTENT MADE AVAILABLE BY YOU, AND YOU HEREBY FULLY AND IRREVOCABLY RELEASE AND WAIVE ANY OTHER CLAIM AGAINST TVEVT WITH REGARDS TO YOUR USE AND/OR PARTICIPATION ON THE SERVICE.
By using the Service you warrant that all information provided to TVEVT by you, for any and all purposes, including with regards to the user name and/or password or otherwise selected by you and supplies by TVEVT for the use of the Service, is and will be accurate and complete. You agree to promptly notify TVEVT of any change made to your account information.
By using the Service you warrant and agree that you are fully and solely responsible for: (a) any and all use of the Service made using the user name and password selected by you and provided to you by TVEVT, and (b) keeping the user name and password selected by you and provided to you by TVEVT confidential. Use of the Service at any given time is restricted to only one individual or entity. You warrant you shall promptly after becoming aware of it notify TVEVT of any unauthorized use of personal details provided by you to TVEVT, including your email address, user name, password, online payment account (OPA) or any other financial and/or personal details provided, or the breach (security or otherwise) of such details.
TVEVT shall maintain reasonable commercial efforts to provide you with reasonable technical support, whether online or otherwise, with regards to the Service.
TVEVT, in its sole and full discretion, may modify the Service from time to time, and change, add, or omit features of the Service. Such modifications may be made without notification to you, and by continuing the use of the Service by you after any such modification you warrant your acceptance of these modifications. Material modifications of the Service may be notified and informed about by TVEVT by posting on the Website, and you take sole and full responsibility for periodically accessing the Website for that purpose.
All use of the Service is meant for individuals over the legal age of 18. If your legal age is under 18, do not use the service, or use the Service by a parent or legal guardian, all in accordance with the legal provisions you are subject to, and TVEVT shall not be held accountable by you, your parent, your guardian or your custodian, for your use of the Service made if you are under the legal age of 18, or for any claims resulting of such use.
By becoming a User and/or using the Service, you give your consent to upload or otherwise make available Purveyed Content to the Service, all in accordance with all provisions of this Agreement and all provisions and requirements as set on the Website or in any of TVEVT's applications.
You retain full legal ownership for the Purveyed Content uploaded or supplied by you to the Service, insofar as you possess such ownership.
By uploading or otherwise making available your Purveyed Content to the Service, you warrant that any such Purveyed Content is to be made available exclusively for your use by and/or with the Service and licensing to Procuring Users of the Service under this Agreement.
By using the Service you grant TVEVT license to use and/or transfer and/or copy and/or modify and/or adapt and/or disclose and/or change and/or distribute and/or display the Purveyed Content uploaded or otherwise made available to the Service by you, for all purposes, public or private, including the promotion or delivering of the Purveyed Content on all platforms and in all formats for the purpose of its procurement and/or display by Procuring Users on the Website or other web sites and/or platforms controlled or maintained by TVEVT, its business partners or affiliates, except for Content specified by you as private, which shall not to be used as abovementioned (Private Content).
You acknowledge and warrant that the abovementioned license is worldwide, irrevocable, transferable, perpetual and royalty free, and that TVEVT may, in its sole and full discretion, sub-license it, and that it grants TVEVT full rights to make the Purveyed Content available for other entities, including corporations, companies, organizations, state authorities or individuals, that TVEVT, at its full and sole discretion, established relationship with, for providing the Service, as well as to use the Purveyed Content for the purpose of providing it to Procuring Users, except for Private Content.
You further acknowledge and warrant that TVEVT shall have the full and sole discretion to set license fees and/or terms, with regards to any and all Purveyed Content uploaded or otherwise made available by you to the Service, and that TVEVT acts exclusively on your behalf, by means of a limited legal agency.
TVEVT may grant Procuring Users the right to request specific content from Purveying Users, and you hereby grant TVEVT the right to convey such requests to you by any means of communication available. License fees and/or terms with regards to such requested Purveyed Content, shall be in the full and sole discretion of TVEVT, as well as the right to present to the requesting Procuring Users Purveyed Content uploaded or otherwise made available to the Service by other Users. The requesting Procuring Users shall have the sole and full right to determine whether the requested Purveyed Content meets its requirements.
You acknowledge and warrant that TVEVT and/or you have the full right to deliver advertisements and/or otherwise commercialize Purveyed Content with regards to the Service.
You represent and warrant to TVEVT and/or to any Procuring User licensing any Purveyed Content uploaded or otherwise made available to the Service by you, that all rights, titles and interests with regards to such Purveyed Content are fully and solely owned by you, including all associated media and formats, including video, audio, music, photo, stills, content, and all associated intellectual property rights.
You further represent and warrant that: you have no knowledge of any contradicting claim against any portion of your Purveyed Content; (b) no third party has any rights in you Purveyed Content, including by means of lien, mortgage, assignment, pledge, grant, sell, etc. (c) no third party's intellectual property and/or confidentiality and/or privacy and/or proprietary information was breached whilst obtaining and/or uploading or otherwise making the Purveyed Content available to the Service by you, nor was any such information incorporated or otherwise included in it; (d) the Purveyed Content uploaded or otherwise made available to the Service by you is non-deceptive, accurate, full and complete, and does not violate and/or infringe any third party's right for privacy, intellectual property, including trademark, copyright, trade or other secrets, confidentiality, and that it or any of its parts do not violate any law, rule or regulation, including by means of containing destructive, abusive or deceptive code, such as malware, viruses, Trojan horses, spyware, spam, adware, etc., nor elements of pornography, racism, defamation, obscenity, defamation, illegality, unlawfulness, slander, libel etc.. You expressly and fully warrant that you are fully and solely responsible for the Purveyed Content uploaded or otherwise made available to the Service by you, and acknowledge that TVEVT bears no duty, responsibility or intent of checking, inspecting, monitoring, reviewing, examining, or otherwise scrutinizing any such Purveyed Content.
TVEVT, its officers, employees, members, agents, sub-contractors, clients, other Users and affiliates shall have the right to be indemnified and held harmless by you from any claims, legal procedures, damages, costs and expenses (including all actual legal expenses) regarding and/or arising from the Purveyed Content uploaded or otherwise made available to the Service by you.
The Service is provided for the purpose of broadcasting and/or licensing of Purveyed Content only. TVEVT offers Purveying Users the option to broadcast and/or charge other users a fee for viewing the Purveyed Contend, and offers Procuring Users the option to view and/or to acquire a license to view Purveyed Content, uploaded or otherwise made available by Purveying Users using the Service, either on Exclusive or NonExclusive basis.
A Procuring User acquiring a Non-Exclusive License, via filing and/or signing an Order Form, is granted by the Purveying User a non-exclusive right and/or license to view Purveyed Content selected by the Purveying User, in accordance with the terms and for the duration as specified in the Order Form. The Procuring User cannot transfer nor sub-license the Non-Exclusive License to others.
The Purveying User warrants that there are no and will not be any means by which the Licensed Purveyed Content can be downloaded, copied or otherwise made available, except for means necessary for providing the Service.
The Procuring User shall not in any case become the owner of any rights with regards to the Purveyed Content, except as explicitly set forth in the Order Form and/or this Agreement.
TVEVT and/or the Procuring User shall have all rights to specify any Purveyed Content as Premium Content, and set any terms or pricing with regards to such Premium Content.
Procuring Users warrant and agree that TVEVT is not and will not be held accountable, liable or responsible for any feature and/or property of the Purveyed Content, including its quality, authenticity, accuracy, completeness, or any other information or feature provided by the Purveying User.
Procuring Users further warrant and agree, that they know TVEVT does not and will not check and/or assess and/or validate and/or authenticate any information supplied by Purveying Users with regards to the Purveyed Content and/or the Service, and will not be held liable for any representation and/or guarantee and/or warranties, implicit or explicit, with regards to any feature and/or property of the Purveyed Content, to the Purveying User's rights in it nor to any rights of persons or items appearing in it.
The responsibility to assess any of the Purveying User and/or the Purveyed Content is solely and fully of the Procuring Users, including with regards to the rights that persons and/or items contained and/or associated with the Purveyed Content.
A Procuring User that has purchased or obtained Purveyed Content agrees to credit TVEVT and the Purveying User for the use of such Purveyed Content, including its publication and/or display and/or broadcast.
In case the Purveyed User explicitly requested to remain anonymous with regards to such specific Purveyed Content, the Procuring User agrees to credit only TVEVT. TVEVT shall make reasonable effort to label such Purveyed Content as anonymous, and refrain from revealing the Purveyed User's identity, but shall not be held accountable in case of a failure to sustain such anonymity.
Procuring Users will have no claims against TVEVT with regards to the Purveyed Content, and all such claims are to be brought against the Purveying User that uploaded or otherwise made it available using the Service. The Procuring Member releases TVEVT from any claim and/or cause with regards to the Purveyed Content, including but not limited to its quality, it infringing any intellectual property or it containing libel, slander or defamation of any party.
Procuring Users warrant and agree that TVEVT's only obligations, under any law, statutory or common, contract, equity, custom, tort or otherwise, are to supply the Purveyed Content to the Procuring User, and to transfer the Purveyed User's revenues to that Purveyed User, all in accordance with the Terms of this agreement.
The Purveying User is solely and exclusively responsible for negotiation and determination of the fees charged by TVEVT from Procuring Users with regards to Purveyed Content, including, but not limited to, monthly membership fees and/or license fees.
Each User (Purveying and Procuring) using the Service shall have a virtual TVEVT Capital Account (TCA), which at all times making use of the Service shall be linked with a valid and operational OPA. The User is solely and exclusively responsible for the accuracy of the OPA information entered and/or provided and/or otherwise used by the User via the Service, and TVEVT shall in no case be responsible and/or liable for any damages and/or errors concerning the User's OPA.
Procuring User's request to view and/or license any Charged Purveyed Content will not be processed or performed unless the User's OPA balance is credited with at least the minimum Charge set for the Charged Purveyed Content. Every User of the Service grants TVEVT full rights to access the OPA on the User's behalf to: charge the OPA in order to credit the TCA with the User's requested amount minus any; and/or (b) credit the OPA with the full and/or User requested TCA amount. The User acknowledges and agrees that TVEVT shall deduct all Conversion and/or transaction fees and/or any applicable taxes shall from any charge or credit.
All fees are quoted in USD (United States Dollars), unless explicitly stated otherwise. You are solely responsible for paying any administrative fees (including OPA and/or any other such service), taxes and/or other government fees required to make use of the Service. In case of failure of your payment service or account TVEVT may collect owed fees by any means available, including charge of other payment services known to it, and the usage of collection services and legal counseling. TVEVT shall not be held accountable, whether directly, as an agent, fiduciary or other with regards to revenues due to or received for any Purveyed Content and/or any other feature of the Service, and by crediting the Purveyed User's TCA for its revenues with regards to Purveyed Content, TVEVT shall be held as having performed its obligations regarding such revenues.
TVEVT is the owner of all rights of intellectual property with regards to the Service, the Software, the Website, including, but not limited to their design, GUI, features, code, text, logos, trademarks, icons, processes, algorithms, flow, display etc. You will not try to deconstruct, reverse-engineer or otherwise discover the source code of the Software or of any feature supplied to you and/or maintained by TVEVT with regards to the Service. You will not make use of the Service or the Software other than the explicit Terms herein, including their assignment, resell, distribution, lease, copy or any other means by which they can be made available to third parties.
All the intellectual property contained in the Website and/or the Application and/or in connection with the Service, including, but not limited to commercial marks, trademarks or logos, is owned by and property of TVEVT, its affiliates, its service providers, clients or other third parties. Use of all such intellectual property by you is prohibited without the prior written consent of TVEVT or such third party.
You warrant and agree: that any use of the Application, the Website or the Service will be made by you only for the explicit purposes stated in this agreement, and not for any other use; (b) that you will not use data gathering and/or extraction techniques, with regards to the Website, the application or the Service, including data mining, robots, scripts etc.; (c) no information on the Website shall be downloaded or copied by you; (d) you will not use any technological or software techniques, including, but not limited to, framing and/or screenshots and/or meta-tags and/or hidden text, which utilizes any of TVEVT's proprietary information without its prior explicit authorization; (d) you will not engage in any activity that interferes with or disrupts the Service, the Website or systems, computers, servers or networks supporting the them.
You grant TVEVT permission to use any information provided by you with regards to the Service, other than Purveyed Content, including, but not limited to feedbacks, reviews, requests, suggestions or ideas.
You warrant and agree that any use of the Service by you shall be made with respect to the intellectual property of others. TVEVT shall have full rights to prevent any use of the Service with regards to Content suspected as infringing the intellectual property of others, and you shall have no claims with regards to such prevention.
Should you have a good faith claim that Content uploaded or otherwise made available using the Service, constitutes infringement of intellectual property rights owned by you, or by others who have legally empowered you to act on their behalf, you warrant and agree to immediately notify TVEVT, and provide the following documents and/or information: a legally binding and valid document empowering you to act on behalf of the entity to which the alleged infringed intellectual property allegedly belongs; (b) a detailed account of the intellectual property allegedly infringed; (c) a detailed account regarding the location of the allegedly infringing Content in the Service or on the Website; (d) contact information, including full name, email, phone numbers and physical address; (d) a statement signed by you, stating you good faith belief that the Content is infringing yours or the intellectual property owner's rights, and that the use of the alleged infringing Content was not authorized by you or by such owner; (e) a signed and authorizes statement and/or affidavit and/or other legally binding document, made by you after having been warned with regards to consequences of perjury, that all information and documents supplied by you are true and accurate, and that you are the owner of the intellectual property allegedly infringed or authorized to act on the owner's behalf.
Above documents and information are to be sent to TVEVT via email, to email@example.com
You warrant and agree that TVEVT may act upon any abovementioned notice at its full discretion, including, but not limited to, removing any alleged infringing Content and/or any User content from the Service or the Website and informing the Purveying User of the alleged infringing Content of the notice. In no case shall you and/or the owner of the intellectual property allegedly infringed on behalf of whom you act, hold TVEVT accountable to any claims regarding any alleged infringement.
TVEVT reserves the right to remove any User Content from the Service or the Website upon receiving an infringement notice with regards to specific Content and/or User. Upon receiving more than 2 infringement notices with regards to a User, TVEVT reserves the right to - at its full discretion - terminate all User access to the Service or the Website.
TVEVT cannot and will not perform any mediation with regards to disputes over rights ownership. Upon receiving an infringement notice and acting upon it, it is up to the alleged infringing User to mediate any counter claims such User may have, and TVEVT shall only be responsible to forward such counter claims to the originator of the infringement claim in order for the User and the originator to resolve their claims by themselves or in court. TVEVT shall not be liable nor shall the User or the originator of the infringement notice be allowed to subpoena any person affiliated with TVEVT to participate in any judicial process, including trial, mediation, arbitration etc..
TVEVT may allow third parties to review and comment on all Content in the Service or on the Website, and reserves all rights to edit or remove such review for any reason. You warrant and agree that in no case shall you hold TVEVT accountable or liable for any aspect of such review, including, but not limited to its accuracy, truthfulness or it being slanderous, libel or defamatory.
You warrant and agree that the Website or the Service may contain links to third parties' websites or other resources, over which TVEVT has no control. TVEVT will not be held accountable to any aspect regarding such third parties' websites or resources, including but not limited to, their availability, content, software, information or advertisements, and you irrevocably release TVEVT of any responsibility and/or liability to any loss or damage that may be caused as a result of the use of such third parties' websites or resources. You further warrant and agree you will not hold TVEVT as condoning the use of third parties' websites or resources, and any such use is made by you at your full discretion and risk.
All provisions and conditions of this Agreement shall continue until you or TVEVT terminate it.
You may terminate this Agreement at any time by sending an email to TVEVT, at firstname.lastname@example.org, stating your wish for such termination. Your User shall be deactivated and you shall no longer have User access to the Service or the Website within 7 business days following such notice. All provisions and conditions of this Agreement shall continue until actual deactivation.
TVEVT shall have the right at any time to immediately terminate this Agreement and deactivate your User, at TVEVT's full discretion and without any prior notice, in any case that: (a) you act or fail to act in breach any of this Agreement's provision or condition; or (b) TVEVT is legally required or ordered to terminate the Agreement; or (c) TVEVT may no longer provide the Service or the Website in the geographical area where you reside or from which you use the Service or the Website; or (d) continuing to provide the Service or the Website by TVEVT is no longer commercially or financially viable.
Termination of this Agreement will not affect any of TVEVT's rights, remedies or sanctions.
All your warranties and/or representations and/or liability limitation and/or all other provisions of this Agreements which by their survive termination, shall survive it. TVEVT's License to use all Purveyed Content uploaded or otherwise made available by you using the Service, shall survive termination.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ALL SOFTWARE BASED PRODUCTS PROVIDED TO YOU BY TVEVT, INCLUDING, BUT NOT LIMITED TO THE SERVICE, THE WEBSITE AND ANY APPLICATION, ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU WARRANT AND AGREE YOU SHALL NOT HOLD TVEVT ACCOUNTABLE TO ANY REPRESENTATION OR WARRANTIES, IMPLICIT OR EXPLICIT, WITH REGARDS TO THE SERVICE, THE WEBSITE OR THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION CONTAINED THEREIN, ANY CONTENT OR THEIR OPERATION. YOUR USE OF THE SERVICE, THE WEBSITE, THE APPLICATION OR ANY SOFTWARE BASED PRODUCT SUPPLIED TO YOU BY TVEVT, IS AT YOUR OWN RISK, AND TVEVT SHALL NOT BE HELD ACCOUNTABLE OR RESPONSIBLE FOR ANY DAMAGE OR COST CAUSED TO YOU AS A RESULT OF SUCH USE, DIRECTLY OR INDIRECTLY.
SUBJECT TO ANY APPLICABLE LAW, TVEVT DISCLAIMS ANY REPRESENTATION OR WARRANTIES THAT THE SERVICE, THE WEBSITE, THE APPLICATIONS, EMAILS, THE COMPUTERS AND/OR SERVERS USED TO ENABLE THEM AND ANY MEANS OF COMPUTER OR ELECTRONIC COMMUNICATION OR INFRASTRUCTURE ARE FREE FROM HARMFUL OR HAZARDOUS MATERIAL OR COMPONENTS. YOU WARRANT AND AGREE TO TAKE ALL NECESSARY PRECAUTIONS TO PREVENT ANY COST OR DAMAGE THAT MAY BE INFLICTED FROM THE USE OF THE SERVICE, THE WEBSITE OR THE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO ANTI-VIRUS AND/OR ANTI-SPAM SOFTWARE MADE BY THIRD PARTIES OVER WHICH TVEVT HAS NO CONTROL.
YOU NOR ANY THIRD PARTY SHALL HOLD TVEVT ACCOUNTABLE OR RESPONSIBLE FOR ALL AND/OR ANY COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PROPERTY, PERSONAL, BODILY INJURIES, EMOTIONAL, FINANCIAL OR DISTRESS, EVEN IF TVEVT HAS BEEN NOTIFIED IN PRIOR FOR THE POSSIBILITY OF SUCH DAMAGES OR COSTS. TVEVT'S LIABILITY SHALL BE AT ALL TIMES LIMITED AND WILL IN NO CASE BE MORE THAN THE AMOUNT RECEIVED FROM YOU OR DUE TO YOU IN ACCORDANCE WITH THIS AGREEMENT.
You warrant and agree to indemnify and hold TVEVT, its officers, agents, subsidiaries, affiliates and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or the Website.
This Agreement constitutes the entire legal agreement between you and TVEVT regarding the Service, the Website and the Applications, and supersedes and replaces any prior agreements and understandings between you and TVEVT in relation to them, including but not limited to any prior version of this Agreement. Any FAQ’s or similar documents found on the Site are for informational purposes only and are not deemed to be part of this Agreement.
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Your relationship with TVEVT in accordance with this Agreement is subject only to the provisions and conditions detailed herein and in English. Any translation provided is for your convenience only, and the legally binding English language versions of this Agreement will be the sole governing documents.
You agree that TVEVT may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Site.
The failure of TVEVT to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
No provision of this document shall constitute, implicitly or explicitly, partnership, agency, joint venture, or employment relationship between you and TVEVT.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.