MONTEVERDI.TV - TERMS
Read all about the terms of using this site
ACCEPTENCE OF TERMS
Access to the Site/ browsers or Browsers
Software Available from the Site/ browsers
The software and accompanying documentation that is made available for download from the Site/ browsers is the copyrighted work of MonteVerdi and/or its suppliers (the "Software"). Use of the Software is subject to the terms of the distribution terms of Download, which accompanies or is included with such Software. If you do not agree to these terms, you are not authorized to use the Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Use of Site/ browsers Information
You are permitted to view, copy and print Materials from the Site/ browsers, provided that:
1. you use the Materials for informational, personal and non-commercial purposes only;
2. you do not modify or alter the Materials in any way;
3. you do not copy or distribute graphics from the Site/ browsers separate from their accompanying text;
4. you do not quote the Materials out of context; and
MonteVerdi reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from MonteVerdi. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site/ browsers. Elements of the Site/ browsers may not be copied or imitated in whole or in part. For permission to use third-party materials appearing on the Site/ browsers, please contact the owner of such materials.
If you are required to open an account on this Site/ browsers, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MonteVerdi immediately of any unauthorized use of your account or any other breach of security. MonteVerdi will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MonteVerdi or another party due to someone else using your account or password. You may not use anyone else's account at any time, without permission of the account holder.
Intellectual Property Rights
You acknowledge and agree that you use the Site/ browsers, Software and Services at your own risk. We will support you with the use of the Site/Browsers, Software and Services, but we will not be responsible for any malfunction and unavailability. For more information please loop at support.
Disclaimer of Warranties
ALL MATERIALS ON THIS SITE/ BROWSERS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE/ BROWSERS, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, MONTEVERDI MAKES NO WARRANTY THAT (I) THE SITE/ BROWSERS WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE/ BROWSERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE/ BROWSERS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE/ BROWSERS WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE/ BROWSERS WILL BE CORRECTED; AND, (VI) THIS SITE/ BROWSERS OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability
MonteVerdi may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site/ browsers may be out of date and MonteVerdi makes no commitment to update such Materials.
The Site/ browsers could include technical or other mistakes, inaccuracies or typographical errors. MonteVerdi assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site/ browsers. References to other corporations' Site/ browser, services and products are provided "as is" without warranty of any kind, either express or implied.
IN NO EVENT SHALL MONTEVERDI, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF MONTEVERDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. MONTEVERDI IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL MONTEVERDI'S (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED EURO 100.000,-. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Links to Third Party Site/ browser
By downloading the software you will get access to all browsers made. This agreement refers to Sites/browsers made by MonteVerdi or under control by MonteVerdi or MonteVerdi partners. The Site/ browsers may contain links to other Sites/ browsers on the Internet that are not within MonteVerdi's control and are owned and operated by MonteVerdi's partners, customers and other third parties (the "External Site/ browser"). MonteVerdi will not review and makes no representations whatsoever about any External Site/ browser to which you may have access through the Site/ browsers. When you leave this Site/ browsers and access an External Site/ browsers, you do so entirely at your own risk and MonteVerdi is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Site/ browser or for the quality of any products or services available on the External Site/ browser. MonteVerdi provides links to External Site/ browser merely as a convenience.
You acknowledge and agree that the inclusion of such External Links does not imply that MonteVerdi endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Site/ browser. You further acknowledge and agree that MonteVerdi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.
The Site/ browsers can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that MonteVerdi intends to announce such products, services or programs in your country. If you choose to access this Site/ browsers you do on your own initiative and are responsible for compliance with local laws.
Choice of Language
Choice of Law and Jurisdiction
This Site/ browsers (excluding links to External Site/ browser) is controlled by MonteVerdi, notwithstanding the physical location of the servers on which the content resides. By accessing this Site/ browsers, you and MonteVerdi agree that all matters relating to your access to, or use of, this Site/ browsers shall be governed by the statutes and laws of the Netherlands applicable therein. You and MonteVerdi also agree and hereby submit to the exclusive personal jurisdiction and venue of the court in Amsterdam, the Netherlands, with respect to such matters.
The following are trademarks or registered trademarks of MonteVerdi International: MonteVerdi Browsers, the MonteVerdi logo, the remote control, desktops, and the combination of the MonteVerdi logo and MonteVerdi word mark. Other product and company names displayed on the Site/ browsers may be trademarks or registered trademarks of their respective owners.
Unless specifically noted to the contrary, the example companies, products, domain names, e-mail addresses, logos, people and events depicted on this Site/ browsers are fictitious and no association with any real company, organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred.
Last updated August 24th, 2007
Forums The Site/ browsers may contain chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a "Forum" and collectively "Forums"). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Forum. By way of example, and not as a limitation, you agree that when using the Forums, you will not: 1. use the Forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; 4. use any material or information, including audio recordings and video recordings, images or photographs, which are made available through the Site/ browsers in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
5. upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
6. advertise or offer to sell or buy any goods or services for any business purpose;
download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
7. falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. Restrict or inhibit any other user from using and enjoying the Forums;
violate any code of conduct or other guidelines which may be applicable for any particular Forum;
9. Harvest or otherwise collect information about others, including e-mail addresses;
10. Violate any applicable laws or regulations;
11. Create a false identity for the purpose of misleading others; or
use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Forums or other user or usage information or any portion thereof.
MonteVerdi has no obligation to monitor the Forums. However, MonteVerdi reserves the right to review Materials posted to the Forums and to remove any Materials in its sole discretion. MonteVerdi reserves the right to terminate your access to any or all of the Forums or the Site/ browsers at any time, without notice, for any reason whatsoever. MonteVerdi is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
MonteVerdi reserves the right at all times to disclose any information as MonteVerdi deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Materials, in whole or in part, in MonteVerdi's sole discretion.
The Forums are intended for discussion of business [??] and technical [???] issues relating to MonteVerdi products and services. They are not provided for customer service inquiries, questions regarding unreleased products, or for the solicitation of business.
Always use caution when giving out any personally identifiable information. MonteVerdi does not control or endorse the content, messages or information found in any Forums and, therefore, MonteVerdi specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Managers and hosts may not be authorized MonteVerdi spokespersons, and their views do not necessarily reflect those of MonteVerdi.
Any Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Materials.
Content Provided to MonteVerdi or Posted at any MonteVerdi website/ browser. MonteVerdi does not claim ownership of the content, information or materials that you provide to MonteVerdi (including feedback and suggestions) or post, upload, input or submit to the Site/ browsers or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting MonteVerdi, its affiliated companies and necessary sub licensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. MonteVerdi is under no obligation to post or use any Submission you may provide and MonteVerdi may remove any Submission at any time in its sole discretion.
Upon reasonable request by MonteVerdi, you will provide information related to any claim that your Submission infringes any third party rights.
To access the community you need to create a MonteVerdi profile. MonteVerdi Profile does not regulate the communication between users mutual or between users and the service of MonteVerdi Profile with respect to the content. Therefore MonteVerdi Profile has no, or at the most very restricted, control concerning quality, security, legitimacy, integrity or correctness of the various components of the service. MonteVerdi Profile is not responsible for actions or neglect by other users, including the files, data and/or material that they make available on the Internet site/browser of MonteVerdi Profile. That is why MonteVerdi Profile does not give any guarantees with respect to the contents of files, data and/or material that are made available by users. To be able to use MonteVerdi Profile, you apply for your own account as described on the Internet site/browser of MonteVerdi Profile. MonteVerdi Profile determines at its own insight whether or not you will receive an account. You vouch for the information that you supply to MonteVerdi Profile to be complete, truly and correct, among which your personal data such as your name and e-mail address. You agree with the fact that we store and use your data concerning the management of your account.
You yourself are responsible for keeping the password of your account secret for others and you will not grant access to others to MonteVerdi Profile by using your account. You are responsible for everything that happens as a result of others using your account, with or without your authorization or knowledge in the period before the moment on which you inform us about any unlawful use. You can conclude your account at any given time.
You acknowledge and agree with the fact that MonteVerdi Profile contains files that are property of MonteVerdi Profile and/or its users which are protected by applicable intellectual proprietary rights, among which but not restricted to copyrights, adjoining rights, trade mark rights and patents.
2. when it leads to or is the result of exploitation or abuse of others and/or;
3. when it is contrary to morality or good taste, violent or contains a link to pornographic material or Internet site and/or;
4. where personal details are asked of minors and/or;
5. in which personal details are made available and/or;
6. which promotes or puts up to committing illegal activities and/or;
7. where violation is made on intellectual property rights of others and/or;
8. when it violates intellectual proprietary rights of others and/or;
9. where chain-letters, junk mail or spamming are involved and/or;
10. where pass-words or other name-linked information is asked for, for commercial or illegal purposes and/or;
11. where commercial activities are involved without preceding written authorization of MonteVerdi Profile, such as advertisements, lotteries, contests, or pyramid games and/or;
12. in which a photograph or image has been taken of another person without his/hers authorization.
MonteVerdi Profile is entitled to close down the service (temporarily) without preceding announcement or to limit the use or to conclude the service within the framework of MonteVerdi Profile without statement of reason and without arising any right to damages towards MonteVerdi Profile.
MonteVerdi Profile does not guarantee that the service of MonteVerdi Profile is accessible at any time and without interruptions or jamming.
MonteVerdi Profile will examine notifications of violation of intellectual proprietary rights and if possible take action against it. If you believe that your work on the Internet site of MonteVerdi Profile is used or is copied in a manner that violates intellectual proprietary rights, we requests you to inform us about this by means of an e-mail to firstname.lastname@example.org. This notification should (I) be signed by the owner of the intellectual proprietary rights or the person that is provably competent to act on behalf of the owner; (II) contain a description of the work or works which to your opinion are violated with a specification of what is violating; (III) contain a description of the whereabouts on the Internet site of MonteVerdi Profile of the material which to your opinion are violated; IV) contain contact information where MonteVerdi Profile can contact you, such as your name, address, phone number and e-mail address; (V) contain a statement that to your judgment intellectual proprietary rights are violated; (VI) contain a statement, supported with proof, that the information in your notification is correct and complete and, under penalty of perjury, that you are the owner of the intellectual proprietary rights concerned.
It is possible that our Internet site/browser contains links to other Internet sites or browsers. MonteVerdi Profile is not responsible for the contents and working method of these Internet sites or browsers and therefore absolutely does not accept liability for these Internet sites or browsers. Consequently the use of these Internet sites is your own responsibility.
At MonteVerdi we recognize that privacy is important. This Policy applies to all of the products, services and browsers offered by MonteVerdi. In addition, where more detailed information is needed to explain our privacy practices, we post separate privacy notices to describe how particular services process personal information, which are accessible from the navigation bar to the left of this notice.
Information we collect and how we use it:
In order to provide our full range of services, we may collect the following types of information: • Information you provide - When you sign up for the MonteVerdi Browser and other MonteVerdi services or promotions that requires registration, we ask you for personal information (such as your name, country, email address and an password). For certain services, such as our video and audio streams and downloads, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other MonteVerdi services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
• Log information - When you use MonteVerdi services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User communications - When you send email or other communication to MonteVerdi, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Affiliated sites - We offer some of our services, such as advertising, audio and video streams and downloads, in connection with other web sites of our suppliers. Personal information that you provide to those sites may be sent to MonteVerdi in order to deliver the service. We process such information in accordance with this Policy. These affiliated sites from our suppliers will follow our privacy policies.
• Links – The MonteVerdi Browser may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising. For more information about links and redirected URLs, please see our FAQs.
• Webshops - we keep track of the purchases of digital media and fysical product from our webshop and third party webshops.
• Providing our products and services to users, including the display of customized content and advertising;
• Promotion and communication of our products and services to users, via different communication methods, like RSS and newsletters
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.
MonteVerdi processes personal information on our servers in the The Netherlands and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our web shop partners. Choices for personal information When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent. You can decline to submit personal information to any of our services, in which case MonteVerdi may not be able to provide those services to you. Information sharing
MonteVerdi only shares personal information with other companies or individuals outside of MonteVerdi in the following limited circumstances: • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our affiliated companies or other trusted businesses or persons for the purpose of processing personal information on to deliver any service on your request. We require that these parties agree to process such information based on our instructions and in compliance with the applicable laws, this Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable General Terms of Service Agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of MonteVerdi, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to MonteVerdi employees and contractors who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
MonteVerdi processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and updating personal information
When you use MonteVerdi browser and services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information.
MonteVerdi regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or MonteVerdi’s treatment of personal information by contacting us through this web site or by writing to us at Privacy Matters, MonteVerdi, Boelelaan 759 C, 1323 PA Amsterdam, The Nethelands. When we receive formal written complaints at this address, it is MonteVerdi's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between MonteVerdi and an individual.
Changes to this policy
Last updated August 14th, 2007
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