|1. ACCEPTANCE OF TERMS
Welcome to MusicVideoSport! MusicVideoSport provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you.
2. DESCRIPTION OF SERVICE
MusicVideoSport currently provides users with access to
WWW.MUSICIVIDEOSPORT.COM collection of
on-line resources including, various communications tools, online forums, shopping
services, personalized content and branded programming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new MusicVideoSport
Services properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that MusicVideoSport assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device. Please be
aware that MusicVideoSport has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access and view such
3. NO REFUND POLICY
After a cleared payment on the purchase of one of our products occurs, you will receive an email with the serial number required to unlock the MusicVideoSport software.
Once the product is emailed to you, no refund will be given. This policy is in place since it would be impossible for you to return your registered version of our software.
We cannot issue a refund for any MusicVideoSport product under any circumstances given its licensing model. Please ask questions before you complete your purchase.
certain aggregate information contained in your Registration Data or related data,
provided that, such information will NOT include personally identifying information,
except as specifically authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, or to enforce the TOS.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify MusicVideoSport of any
unauthorized use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session. MusicVideoSport
cannot and will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not MusicVideoSport, are entirely
responsible for all Content that you upload, post, email or otherwise transmit via the
Service. MusicVideoSport does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will MusicVideoSport be liable
in any way for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a MusicVideoSport
Services official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that negatively
affects other users ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected to
- intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. CONTENT SUBMITTED TO MusicVideoSport
MusicVideoSport does not own Content you submit, unless we specifically tell you
otherwise before you submit it. You license the Content to MusicVideoSport as set
forth below for the purpose of displaying and distributing such Content on our network of
properties and for the promotion and marketing of our services. By submitting Content to
any MusicVideoSport property, you automatically grant, or warrant that the owner
of such Content has expressly granted, MusicVideoSport the royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed. You
acknowledge that MusicVideoSport does not pre-screen Content, but that Image
Computer Services and its designees shall have the right (but not the obligation) in their
sole discretion to refuse, edit, move or remove any Content that is publicly available via
the Service. Without limiting the foregoing, MusicVideoSport and its designees
shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any Content created
by MusicVideoSport or submitted to MusicVideoSport, including without
limitation information in MusicVideoSport! Message Boards, MusicVideoSport
Services! Clubs, and in all other parts of the Service.
You agree to indemnify and hold MusicVideoSport, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF PRODUCTS and SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MusicVideoSport may establish general practices and limits
concerning use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be allotted on
MusicVideoSport's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given period of time.
You agree that MusicVideoSport has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that MusicVideoSport reserves the
right to log off accounts that are inactive for an extended period of time. You further
acknowledge that MusicVideoSport reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
MusicVideoSport reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that MusicVideoSport shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
You agree that MusicVideoSport, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack of use
or if MusicVideoSport believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. MusicVideoSport may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree that Image
Computer Services may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or the
Service. Further, you agree that MusicVideoSport shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
MusicVideoSport shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because MusicVideoSport has no control over such sites and
resources, you acknowledge and agree that MusicVideoSport is not responsible for
the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that Image
Computer Services 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 use of or reliance
on any such Content, goods or services available on or through any such site or resource.
16. MusicVideoSport'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by MusicVideoSport or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
MusicVideoSport grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any means other
than through the interface that is provided by MusicVideoSport for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MusicVideoSport EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- MusicVideoSport MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Image
Computer Services OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MusicVideoSport SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF MusicVideoSport HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts
or other information from the Service concerning companies, stock quotes, investments or
securities, please read the above Sections 17 and 18 again. They go doubly for you. In
addition, for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes. Image
Computer Services shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
22. TRADEMARK INFORMATION
MusicVideoSport and other MusicVideoSport! logos and product and
service names are trademarks of MusicVideoSport. (the "MusicVideoSport Marks"). Without MusicVideoSport's prior permission, you agree not
to display or use in any manner, the MusicVideoSport Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
MusicVideoSport respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide MusicVideoSport's Copyright Agent the
- an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MusicVideoSport and govern
your use of the Service, superceding any prior agreements between you and MusicVideoSport
Services. You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software. The TOS and the
relationship between you and MusicVideoSport shall be governed by the laws of the
State of New Jersey without regard to its conflict of law provisions. You and Image
Computer Services agree to submit to the personal and exclusive jurisdiction of the courts
located within the Bergen county , New Jersey. The failure of MusicVideoSport
Services to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual