| THE MOUVIZ NETWORK'S TERMS OF USE AGREEMENT (Last
Modified November 28, 2002)
THANK YOU for your interest in the Mouviz Network.
Please read this page in its entirety as it explains your rights
and responsibilities. You must agree, without modification, to
accept the following terms of use ("Agreement") between you and
MOUVIZ. Your use of the Mouviz Network constitutes a full and
complete acceptance of the terms of this Agreement. For purposes
of this Agreement, the term Mouviz Network means MOUVIZ's Web
sites, including, without limitation, www.mouviz.net, www.mouviz.com,
and www.mouviz.fr, as well as any other Web sites that may now
or hereafter contain an authorized MOUVIZ branded area or window
(collectively, "Mouviz Network").
I. Subsequent Revisions to Agreement
MOUVIZ may periodically revise the terms of thisAgreement by updating
this page. You agree to be bound by subsequent revisions to this
Agreement. Accordingly, you should periodically visit this page
to review the current terms of use.
II. All Rights Reserved
MOUVIZ reserves all right, title, and interest not expressly granted
under this Agreement.
Copyright. All content, which includes, without limitation, articles,
films, media files, reviews, software, and source code (collectively,
"Content"), on the Mouviz Network is subject to copyright protection
and may not be displayed, reproduced, distributed, modified or
used in any other manner except with the written permission of
MOUVIZ and its Content providers.
Trademark. The names or services on the MOUVIZ Network, including,
without limitation, "MOUVIZ" and "MOUVIZ INDEPENDENT WEB CINEMA"
are trademarks or registered trademarks of MOUVIZ. Other names
or services on the MOUVIZ Network may be the trademarks of the
respective owners. You agree not to use any MOUVIZ trademarks
or any confusingly similar marks for any purpose without the express
prior written consent of MOUVIZ in each instance. Violations may
result in severe civil and criminal penalties.
III. Use of Material
MOUVIZ authorizes you to access and use the Content solely for
your personal, non-commercial use. You may not sell or modify
the Content, and you may not reproduce, display, publicly perform,
distribute, or otherwise use the Content in any way for any public
or commercial purpose. As an express condition of your use of
the Mouviz Network, you warrant to MOUVIZ that you will not use
the Mouviz Network for any unlawful purpose or purpose prohibited
by this Agreement. If you violate any part of this Agreement,
your permission to use the Content automatically terminates and
you must immediately destroy any copies you have made of any of
the Content. MOUVIZ makes no representation that the Content is
legal or appropriate for use outside of France or that it is authorized
for export from the France or import into any other country. You
are solely responsible for complying with all import and export
laws and regulations and all applicable laws of any jurisdiction
outside of France from which you may access the Mouviz Network.
IV. Your Use of the MOUVIZ Network Is at Your Own Risk
The Mouviz Network may contain inaccuracies or typographical errors.
MOUVIZ makes no representations about the accuracy, reliability,
completeness, or timeliness of the Content or about the results
to be obtained from using the Mouviz Network or the Content. Your
use of the Mouviz Network, including, without limitation, the
services and information, contained therein, is on an "as is"
basis and is at your own risk. MOUVIZ may make changes in the
Content at any time.
Disclaimer of Liability. MOUVIZ, ITS RESPRECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES,
SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "MOUVIZ") SHALL
NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR
USE OF THE MOUVIZ NETWORK AND (II) ANY OTHER SUBJECT MATTER OF
THIS AGREEMENT. MOUVIZ Makes No Representations or Warranties.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN
THIS AGREEMENT, MOUVIZ MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH
WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED
IN THIS AGREEMENT.
Third Party Links. The Mouviz Network may contain links to Web
sites ("Third Party Web Sites") operated by parties other than
MOUVIZ and MOUVIZ may license Content from the Mouviz Network
for use by Third Party Web Sites. MOUVIZ makes no representation
or endorsement of the Third Party Web Sites and you access them
at your own risk.
Use Of Web Communities At Your Own Risk. The Mouviz Network
contains bulletin board services, chat areas, news groups, forums,
communities and other message and communication facilities.
MOUVIZ does not control the files, information, or messages (collectively,
"Information") delivered to or displayed in the Communities, unless
otherwise noted therein, and MOUVIZ assumes no duty to, and does
not, monitor or endorse Information within the Communities, nor
does MOUVIZ represent or guarantee the truthfulness, accuracy
or reliability thereof or that the Information complies with the
terms of this Agreement. MOUVIZ reserves the right at all times
to edit, refuse to post, or to remove any Information, in whole
or part, that MOUVIZ deems inappropriate for inclusion in the
Communities. MOUVIZ reserves the right to expel you from or suspend
your access to some or all of the Communities for violating the
law or this Agreement. The Communities are public and not private
communications and may be read by others without your knowledge
or permission. Although a particular Community may have a policy
of limited membership or access, MOUVIZ shall have no liability
if unauthorized persons nevertheless obtain access to the Community.
Your use of the Communities is at your own risk so be careful
about disclosing your personal information. When using the Communities
you may not do any of the following:
a. Restrict or inhibit any other user from using and enjoying
the Communities;
b. Post or transmit any abusive, hateful, defamatory, indecent,
libelous, obscene, pornographic, profane, threatening, harassing,
embarrassing, unlawful, vulgar, or other information of any kind
that violates applicable law or regulation or which harms minors
in any way, including, without limitation, information that constitutes
the following: Infringement. Information that violates or infringes
upon the copyright, literary, privacy, publicity, trademark, service
mark or any other personal or property right of any person or
entity or which discloses any trade secret or confidential information.
Software. Software or materials that contain a virus, corrupted
files, or similar programs that may damage the operation of another's
computer or the Mouviz Network.
c. Post advertisements of solicitations of business, except in
areas expressly designated for such purposes and in accordance
with the express rules and regulations established by MOUVIZ.
d. Post chain letters or pyramid schemes or impersonate another
person.
e. Manipulate headers or identifiers so as to disguise the origin
or content of any posting.
f. Do any act which interferes with or slows the operation of
the Mouviz Network. MOUVIZ may condition your right to participate
in the Communities on your furnishing to MOUVIZ and keeping updated
at all times such personal identifying information as MOUVIZ may
reasonably require, including, without limitation, your true name
and a current, active e-mail address. MOUVIZ reserves the right
to suspend or terminate your access to some or all of the Communities
if MOUVIZ has a good faith basis for believing that any of the
information you have supplied is inaccurate or that your account
is being used by anyone other than you to access the Communities.
By posting material to the Communities, you automatically grant
to MOUVIZ a royalty-free, perpetual, irrevocable non-exclusive
license to use, reproduce, modify, publish, edit, translate, distribute,
perform, display and otherwise exploit such material and all elements
thereof alone or as part of other works in any form, media, or
technology, whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicenses, all without
any obligation to you, whether by way of compensation, attribution
or otherwise.
V. Miscellaneous Use of Information:
Subject to such privacy policies as MOUVIZ may establish and post
on the Mouviz Network from time to time, MOUVIZ may use the information
it obtains relating to you, including, without limitation, your
IP address, name, mailing address, e-mail address and use of the
Mouviz Network for its internal business and marketing purposes
and such information may be disclosed to third parties for such
purposes and for any other purposes set forth in MOUVIZ's privacy
policy.
Choice of Law and Forum. This Agreement, its interpretation,
performance or any breach thereof, will be construed in accordance
with, and all questions with respect thereto will be determined
by the laws of France.
Indemnity. You agree to defend, indemnify and hold harmless
MOUVIZ, its licensees, successors and assignees, its Content providers,
advertisers and sponsors, the parent, affiliated and subsidiary
companies of each of them and the officers, directors, employees,
and agents of each of them from and against any and all third
party claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or related
to any breach by you of this Agreement, any material which you
may post to the Communities or any use of the Content by you or
under your control.
Severability. If any provision of this Agreement, or application
thereof, shall be held invalid by a court of competent jurisdiction,
such provision shall be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest
extent allowed by law and the remaining provisions of this Agreement
shall remain in full force and effect.
Use of "You" or "Your". The words "you" or "your" shall also
mean heirs, executors, administrators, successors, legal representatives
and permitted assigns.
Waiver. Any waiver of any provision of this Agreement must be
in writing and signed by an authorized representative of MOUVIZ.
Copyright Complaints. If you believe that your work has been
copied and is accessible on the Mouviz Network in such a manner
as to constitute copyright infringement, you may notify MOUVIZ
by providing MOUVIZ's copyright agent with the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted
work;
3. Your address, telephone number, and email address;
4. 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; and
5. 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.
MOUVIZ's agent for notice of claims of copyright infringement
on the Mouviz Network may be reached as follows:
By mail:
MOUVIZ NET - Terms of Use/Copyright
15 avenue Melpomène,
F44470 CARQUEFOU
FRANCE
Telephone: +33 2.28.23.24.01.
By email: termsofuse@mouviz.com.
Printed Agreement. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
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