Terms of Service, September 27, 2018

 

Eligibility and Assent to Terms

Welcome to Cybermedia Television. The following Terms of Service for the Cybermedia Television website and related services, applications, domains , any other service of CyberMedia Television BV and networks offered by CyberMedia Television BV (“CYMTV Service”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and CyberMedia Television BV regarding your use of the CYMTV Service. The CYMTV Service is not available to persons under the age of 18 or to any users previously suspended or removed from the CYMTV Service by CyberMedia Television BV

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CYMTV SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH THE CYMTV SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION).

BY CONTINUE TO USE THE SERVICE  OR BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE CYMTV SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CYMTV SERVICE.

Modification

At its sole discretion, CyberMedia Television BV reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the CYMTV Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the CYMTV Service.

Individual Features and Services

When using the CYMTV Service, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

User Accounts

When you use the CYMTV Service to upload and/or download or purchase or just look at content or any products, services, or information from CYMTV, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to CyberMedia Television BV on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify CyberMedia Television BV . You may be liable for the losses incurred by CyberMedia Television BV  or others due to any unauthorized use of your CYMTV Service account.

Digital Millennium Copyright Act

It is CyberMedia Television BV 's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. CyberMedia Television BV  will promptly terminate without notice any User's access to the CYMTV Service if that User is determined by CyberMedia Television BV  to be a “repeat infringer.” A repeat infringer is a User who has been notified by CyberMedia Television BV of infringing activity violations more than twice and/or who has had an User Submission or any other user-submitted content removed from the CYMTV Service more than twice. “User Submission” as used herein means the upload and distribution of authorized digital content by a User of the CYMTV Service.

Permission to Use CYMTV Service

Subject to your compliance with the terms and conditions set out in this Terms of Service, CyberMedia Television BV  hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the CYMTV Service to (i) view, use and access Content and other data (ii) to view, use, and access any other content from the CYMTV Service; and (iii) to participate in any other programs, services, or features of the CYMTV Service now or hereafter made available by CyberMedia Television BV .

Use of the CYMTV Service is for personal, non-commercial use only, except (i) organizations that are commercial entities may use the CYMTV Service in the manner to make their User Submissions available on the CYMTV Service as contemplated herein; (ii) commercial entities may use, or license their use of the CYMTV Service to third parties, provided that such commercial entity participates in the symbiotic nature of the CYMTV Service by contributing its own User Submissions from time to time; and (iii) Users may participate in any programs now or hereafter provided by CyberMedia Television BV  to permit the sale of copies, licensing or advertising opportunities for Commercial Content in accordance with CYMTV’s applicable Guidelines for such programs as communicated from time to time. As used herein, the term “Commercial Content” means any User Submissions or other content made available by Users or third-party content providers for a user fee or for other financial remuneration.

You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the CYMTV Service in a manner that sends more request messages to the CYMTV Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the CYMTV Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the CYMTV applications or sites. CyberMedia Television BV reserves all rights not expressly granted in this Terms of Service. You acknowledge that CyberMedia Television BV  may automatically issue upgraded versions of the software and systems comprising the CYMTV Service and, accordingly, may upgrade the version of the CYMTV Service that you are using. CyberMedia Television BV reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the CYMTV Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

User Submissions

The following license includes the right for CyberMedia Television BV  to convert your User Submissions to CyberMedia Television BV ’s proprietary format, or such other file formats as may be used by CyberMedia Television BV, and to display and make your User Submissions available, in whole or in part, on the CYMTV Service in association with other User Submissions, content and advertising that may appear on the CYMTV Service. Subject to the license grant to other CYMTV Service users below, the following license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the CYMTV Service. By distributing or disseminating User Submissions through the CYMTV Service, you hereby grant to CyberMedia Television BV  a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your User Submissions, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your User Submissions through the CYMTV Service.

Users may have the option of specifying terms under which User Submissions are licensed. CyberMedia Television BV may implement a feature into the CYMTV Service which Users have “Privacy Lock” options to specify terms of which each User Submission is licensed: 1) “Public” under which any User of the CYMTV Service can use and access a User’s User Submission; 2) “Protected” under which only those friends selected and authorized by each User may use and access a User’s User Submission; and 3) “Private” under which only the User contributing the User Submission may use and access such User Submission. If you specified terms under which your User Submissions are licensed, by distributing or disseminating User Submissions through the CYMTV Service, you hereby grant to each User that is authorized to access your User Submissions a non-exclusive license to access and use your User Submissions under the terms selected by you. If you did not specify terms under which your User Submissions are released or opt out of any licenses automatically granted to Users of the CYMTV Service, you hereby grant to each User that is authorized to access your User Submissions a limited, non-exclusive, personal license to access and use such User Submission in the manner contemplated by these Terms and the CYMTV Service, including without limitation, the right to remix, clip, add or delete your User Submission, in whole or in part, as part of any personalized User digital scrapbook or other customized digital presentation or file format, and including the right to view, print and download the foregoing for such User’s personal, non-commercial use. The foregoing license granted by you is modified to reflect your preferences, or terminated, as to a specific User Submission once you modify the Privacy Lock or any other such options pertaining such User Submission, or remove or delete such User Submission from the CYMTV Service. The foregoing is subject to the rights of Users who have downloaded any User Submission to retain such downloaded or printed copy or copies. Such User will retain any rights originally granted upon the download of the User Submission.

By uploading and publishing your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize CyberMedia Television BV and CYMTV's Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by CyberMedia Television BV  and this Terms of Service; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the CYMTV Service. Violators of these third-party rights may be subject to criminal and civil liability. CyberMedia Television BV reserves all rights and remedies against any Users who violate this Terms of Service.

Further, you understand that when using the CYMTV Service you will be exposed to User Submissions from a variety of sources, and that CyberMedia Television BV is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CyberMedia Television BV with respect thereto. CyberMedia Television BV does not endorse any User Submissions or any opinion, recommendation or advice expressed therein, and CyberMedia Television BV expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of an User Submission that allegedly does not conform to this Terms of Service, CyberMedia Television BV may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time and without notice. For clarity, CyberMedia Television BV  does not permit copyright infringing activities on the CYMTV Service.

Prohibited Conduct YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:

i) use the CYMTV Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the CYMTV Service as such services are offered by CyberMedia Television BV;

(ii) delete the copyright or other proprietary rights on the CYMTV Service or User Submissions;

(iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the CYMTV Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

(iv) use the CYMTV Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libellous, or inaccurate User Submissions or other content;

(v) defame, harass, abuse, threaten or defraud Users of the CYMTV Service, or post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the CYMTV Service for any commercial use, it being understood that the content available on the CYMTV Service is for personal, non-commercial use only;

(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);

(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the CYMTV Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the CYMTV Service, or perform any other similar fraudulent activity;

(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the CYMTV Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the CYMTV Service, or features that enforce limitations on the use of the CYMTV Service or User Submissions, or intentionally interfere with or damage operation of the CYMTV Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CYMTV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(x) modify, adapt, translate or create derivative works based upon the CYMTV Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(xi) remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), CYMTV brand elements, including logos, trademarks, service marks or other Materials displayed by CyberMedia Television BV in connection with the CYMTV Service in any manner whatsoever, regardless of your use of the embedding functionality of the CYMTV Service to display authorized content on your or other third party sites.

Third-Party Sites

The CYMTV Service may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). CyberMedia Television BV does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CYMTV Service are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

Termination; Violations.

You agree that CyberMedia Television BV , in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the CYMTV Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. CyberMedia Television BV may also in its sole discretion and at any time discontinue providing access to the CYMTV Service, or any part thereof, with or without notice. You agree that any termination of your access to the CYMTV Service or any account you may have or portion thereof may be effected without prior notice, and you agree that CyberMedia Television BV will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CyberMedia Television BV may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the CYMTV Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the CYMTV Service, (ii) any term of this Terms of Service, (iii) any policy or practice of CyberMedia Television BV in operating the CYMTV Service, or (iv) any content or information transmitted through the CYMTV Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the CYMTV Service.

We also reserve the right to terminate your cymtv service account or access cymtv service content, at any time and without compensation, because of technical, legal or financial reasons. Of course, we would prefer to avoid such termination; therefore, we may use technology , legal or financial activities, to prevent this.

Privacy

Your privacy is important to CyberMedia Television BV. CYMTV's Privacy Policy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to CYMTV's collection, use, and disclosure of your personal information.

Ownership; Proprietary Rights.

The CYMTV Service is owned and operated by CyberMedia Television BV. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the CYMTV Service provided by CyberMedia Television BV (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the CYMTV Service are the property of CyberMedia Television BV or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CyberMedia Television BV or its affiliates and/or third-party licensors. Except as expressly authorized by CyberMedia Television BV, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. CyberMedia Television BV reserves all rights not expressly granted in this Terms of Service

Indemnification

You agree to indemnify CyberMedia Television BV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the CYMTV Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. CyberMedia Television BV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CyberMedia Television BV, and you agree to cooperate with CyberMedia Television BV 's defense of these claims. Upon notice of any impending claim, action or proceeding, CyberMedia Television BV will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties

CYBERMEDIA TELEVISION BV, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBERMEDIA TELEVISION BV OR THROUGH THE CYMTV SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES CYBERMEDIA TELEVISION BV 'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE CYMTV SERVICE IS AT YOUR SOLE RISK. THE CYMTV SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CYMTV SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. CYBERMEDIA TELEVISION BV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE CYMTV SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. CYBERMEDIA TELEVISION BV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CYMTV SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CYMTV SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CYBERMEDIA TELEVISION BV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE  CYMTV SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH CYMTV OR OTHER CYMTV SERVICE USERS, EVEN IF CYBERMEDIA TELEVISION BV OR AN CYBERMEDIA TELEVISION BV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CYBERMEDIA TELEVISION BV 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL CYBERMEDIA TELEVISION BV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CYMTV SERVICE OR YOUR INTERACTIONS WITH CYMTV OR OTHER CYMTV SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CYMTV SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CYBERMEDIA TELEVISION BV AND RECEIVED THROUGH OR ADVERTISED ON THE CYMTV SERVICE OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT CYBERMEDIA TELEVISION BV HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CYBERMEDIA TELEVISION BV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CYBERMEDIA TELEVISION BV. CYBERMEDIA TELEVISION BV WOULD NOT BE ABLE TO PROVIDE THE CYMTV SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Export Controls

You agree to comply with all export laws and restrictions of any sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of a government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

Billing

 

While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that Cybermedia Television BVwould not otherwise be able to make available without charging a fee. As part of that, access to the Content on CYMTV services requires payment by you of a subscription fee.

You can find the specific details regarding your subscription to the CYMTV service at any time by visiting the CYMTV websites. You agree that your CYMTV Service account is for individual use only and your CYMTV service account is limited to only one simultaneous Cybermedia Television at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one portfolio or payment period may not be accessible through another or can be changed or stopped at any time

.

Because the CYMTV Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 00:00 CET and ends at 23:59 CET of that same calendar day.

Complain Handling

We will only accept complaints send to :

Cybermedia Television BV

Complaint department 

Elandstraat 108

2901 BK CAPELLEA/D IJSSEL

The Netherlands

 

Please check regularly the up-to-date complaint address for complaint handling. 

We will address complaints and send receipt confirmation within three months. 

Miscellaneous

CyberMedia Television BV may provide you with notices, including those regarding changes to CyberMedia Television BV 's terms and conditions, by email, regular mail or postings on the CYMTV Service. Notice will be deemed given twenty-four hours after email is sent, unless CyberMedia Television BV is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the CYMTV Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the CYMTV Service is deemed given 30 days following the initial posting. The failure of CyberMedia Television BV to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CyberMedia Television BV . These Terms will be governed by and construed in accordance with the laws of The Netherlands, without giving effect to any principles of conflicts of law. For Users residing outside The Netherlands and using the CYMTV Service in another territory, any dispute or claim arising out of or in connection with these Terms or your use of the CYMTV Services shall be finally settled by binding arbitration in Rotterdam. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing in any country and using the CYMTV Service in another country, you agree that any action at law or in equity arising out of or relating to these Terms or CyberMedia Television BV as an entity will be filed only in the courts in and for Rotterdam, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CyberMedia Television BV without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and CyberMedia Television BV relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by CyberMedia Television BV as set forth above.

YOU AND CYBERMEDIA TELEVISION BV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CYMTV SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by CyberMedia Television BV, to be contacted at Email: info@cymtv.com 

We are working on these procedures. Please check regularly for an update. 

 

 

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