PLEASE READ THIS DOCUMENT CAREFULLY. Mr. Video, Inc. ("Mr. Video," "we," or "us") offers an online video sharing platform and community through its website located at streaming.mrvideoonline.com (the "Mr. Video On Demand Site") and related domains (including www.mrvideoonline.com), any future mobile applications, desktop applications, and PC television applications (collectively, the "Mr. Video Service"). By registering as a member or by using the Mr. Video Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Mr. Video. If you do not wish to be bound by this Agreement, do not use the Mr. Video Service.
AGE REQUIREMENT: You must be at least 13 years old to use the Mr. Video Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Mr. Video Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Mr. Video Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Mr. Video Service. If your child is using the Mr. Video Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Mr. Video Service is appropriate for your child, please review our Frequently Asked Questions.
WARNING: Even if you are old enough to use the Mr. Video Service and/or have your parent's or guardian's permission, some of the content available within the Mr. Video Service may not be appropriate for you.
LICENSE: Mr. Video grants you a limited, non-exclusive license to access and use the Mr. Video Service for your own personal, non-commercial purposes. This includes the right to view content available on the Mr. Video Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Mr. Video Service for commercial purposes unless given written permission by Mr. Video, Inc.
RESTRICTIONS: Except as expressly permitted by Mr. Video in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Mr. Video Service. Nor will you take any measures to interfere with or damage the Mr. Video Service. All rights not expressly granted by Mr. Video are reserved.
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
REGISTRATION: To fully use the Mr. Video Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Mr. Video and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Mr. Video Service. If you become aware of an unauthorized access to your account, you must change your password immediately.
CANCELATION AND REFUNDS: Users purchase a monthly subscription that automatically renews on the same date each month. Users can cancel at anytime prior to the next month billing cycle. Users who purchase monthly subscriptions have two (2) days after a new billing cycle to cancel and receive a full refund for that period. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Mr. Video. If you have questions, please contact (800) MR VIDEO.
RENEWALS: By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Mr. Video reserves the right to deny subscriptions, renewals, and other purchases for any reason.
OTHER PURCHASES: Purchases of other products and services through the Mr. Video Service may be subject to other terms and conditions that are presented to you at the time of purchase.
TERM: This Agreement begins on the date you first use the Mr. Video Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Mr. Video may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Mr. Video determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Mr. Video's reputation and goodwill. If Mr. Video deletes your account for the foregoing reasons, you may not re-register for the Mr. Video Service. Mr. Video may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Mr. Video will terminate. Sections 6 through 10 shall survive termination.
You will indemnify, defend, and hold harmless Mr. Video and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Mr. Video Service; (ii) assert a violation by you of any term of this Agreement.
Mr. Video reserves the right to modify the Mr. Video Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Mr. Video Service. Mr. Video provides the Mr. Video Service on an "as is" and "as available" basis. You therefore use the Mr. Video Service at your own risk. Mr. Video expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Mr. Video makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Mr. Video Service, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) Mr. Video 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; and (ii) Mr. Video's total liability to you shall not exceed the amounts paid by you to Mr. Video over the twelve (12) months preceding your claim(s).
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Nebraska, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Mr. Video Service must be commenced in the state or federal courts located in Sarpy County, Nebraska, United States of America (and you consent to the jurisdiction of those courts). In any such action, Mr. Video and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Mr. Video in exercising any right hereunder will waive any further exercise of that right. Mr. Video's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Mr. Video's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Mr. Video electronically. Mr. Video may provide all such communications by email or by posting them on the Mr. Video Service
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Mr. Video on the Mr. Video On Demand Site or a written amendment signed by an authorized representative of Mr. Video. A revised Terms of Service will be effective as of the date it is posted on the Mr. Video On Demand Site.
This Agreement constitutes the entire understanding between Mr. Video and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT. Have a nice day.
05-17-2012 07:05:56