(Effective & last modified 20/06/2014)
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES THAT WE PROVIDE. BY ACCESSING OR USING OUR WEBSITE OR OUR SERVICES (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME), YOU AGREE TO THESE TERMS OF SERVICE.
We may, from time-to-time modify, alter or update the Terms of Service. Any revised version of the Terms of Service will be posted on our Website and noted with an “effective date” – meaning that the revised Terms of Service govern your future use of our Website and Service. If you do not agree to the revised version, you must immediately stop using our Website and Service. You agree that revised Terms of Service will apply to your continued use of our Website or Service if, after we post the revised Terms of Service, you continue use of our Website or our Service.
1. INTELLECTUAL PROPERTY
Our Website, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, “METV Content”) and all intellectual property rights to the same are owned by New Vision (METV). Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Website or Service are owned by us. Except for the limited use rights granted in these Terms of Service, you shall not acquire any right, title or interest in our Website or Service. Any rights not expressly granted in these Terms of Service are expressly reserved.
You shall not republish, edit, transmit, distribute, reproduce, create derivative works from, perform, upload, or post in any way whatsoever, any materials from this our Websites and/or our materials without the prior written consent of New Vision.
New Vision protects its intellectual property rights to the fullest extent of the law. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE WEBSITE, OR ANY PORTION THEREOF, IS EXPRESSLY PROHIBITED, AND SUCH ACTIVITY MAY RESULT IN SEVERE PENALTIES, AND VIOLATORS MAY BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
New Vision may make available to you certain software that can be accessed through this Website. If you use such software (for example for Training purposes as a Trainer licensee), the software, including any data, files and images, are licensed to you by New Vision. You agree that New Vision retains full and complete title to the software, and all intellectual property rights therein. You may not sell, disassemble, decompile, redistribute, reverse engineer, or otherwise reduce the Website or Service to any form.
To access or use some content or features of our Website or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
We may require that you establish an account with use to access certain parts of our Website or use certain Services (e.g. purchase licenses). When registering an account, you may need to select a username (“ID”) and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at +32 496 55 08 70 or firstname.lastname@example.org
3. LIMITATION, SUSPENSION OR TERMINATION
We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Website or Service (including any METV Content or User Content) without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Service, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Service.
4. ACCEPTABLE USE
Our Website and Service (including, without limitation, METV Content and User Content) are provided for your information and personal, non-commercial use only. When using our Website or Service, you agree to comply with these Terms of Service, and all applicable federal, state and local laws.
Except as expressly permitted by these Terms of Service, you may not:
– use our Website or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate others;
– modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Service (e.g., those that prevent or restrict copying METV Content);
– take any action to interfere with, damage, disrupt any part of our Website or Service;
– use our Website or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
– use our Website or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
– use our Website or Service to transmit any data, or upload to our Website or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
– decompile, reverse engineer or disassemble any portion of our Website or Service;
– engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or Service.
– You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Service.
5. USER CONTENT
We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Website or Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”). For example, if we in the future create a fan forum, any comment you post to the forum is your User Content.
Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User
– will not contain any material which tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
– will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
– does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
– will not be threatening, harassing, abusive or invade another’s privacy;
– will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
– will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
– We have the absolute right to monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.
Grant of Rights & Use:
We do not claim ownership to your User Content. However, by submitting User Content, simultaneous with the submission, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., “Jill M. – Clifton, N.J.”), in connection with the use or publication of your User Content consistent with the license granted in the previous paragraph.
6. RELIANCE ON METV CONTENT AND USER CONTENT
Information available through our Website or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify User Content or all METV Content. For this and other reasons, such information may have errors, inaccuracies and omissions.
If there is a dispute between you and anyone accessing our Website or Service, or you and any third party in connection with our Website or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release METV and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
7. THIRD-PARTY WEBSITES
8. LIMITS ON OUR LIABILITY
UNDER NO CIRCUMSTANCES SHALL NEW VISION (METV) OR ITS OWNERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, SERVICE OR THESE TERMS OF SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR SERVICE INCLUDING, WITHOUT LIMITATION, METV CONTENT IS TO STOP USING OUR WEBSITE AND SERVICE.
IN NO EVENT SHALL NEW VISION BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE WEBSITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE WEBSITE, EVEN IF NEW VISION ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED €10 OR THE COMPENSATION YOU PAID NEW VISION, WHICHEVER IS LESS.. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE, SERVICE OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
New Vision uses reasonable efforts to include accurate and up to date information in the Website, but it makes no warranties or representations as to its accuracy, nor does it assume liability or responsibility for any errors or omissions in the content of the Website. THE WEBSITE, THE WEBSITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW VISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEW VISION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. NEW VISION DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, WEBSITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
You assume all risk of errors and/or omissions in the Website, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Webite, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Website, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.
If you are taking or planning to take any actions to promote or advertise METV or METV Trainings in your area, you are required to ask permission to New Vision before you publish any marketing material. If you create marketing material on your own as a partner, company or affiliate, you can use only material, photo’s and video’s supplied by NEW VISION to you. The partner or affiliate is not allowed to use any other marketing material then supplied by New Vision, and the partner/affiliate is completely liable themselves for any infringements they make on copyrights, trademarks, or other material that they might use for their marketing without using the material sent to them by New Vision. UNDER NO CIRCUMSTANCES SHALL NEW VISION (METV) OR ITS OWNERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED TO THE ACTIONS ANY PARTNER, COMPANY or AFFILIATE TAKES TO PROMOTE METV OR METV TRAINING IN THEIR AREA.
9. DISCLAIMER OF WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, NEW VISION SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY METV ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR OWN RISK. METV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
You agree to indemnify and hold harmless METV and its owners, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (i) your access to or use of our Website or Service; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
11. MANDATORY ARBITRATION
The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, we each agree that any arbitration will be solely between you and METV, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim).
12. GOVERNING LAW AND FORUM
These Terms of Service shall be construed in accordance with the laws of the Belgium without regard to its conflict of laws rules. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Brussels, Belgium. Each of us agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
13. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. COPYRIGHT INFRINGEMENT
In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may infringe the copyright of others.
Consistent with the Digital Millennium Copyright Act (“DMCA”), New Vision (METV) will respond to a notice of alleged copyright infringement regarding any information available on our Website or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing New Vision (METV) that copyrighted material may have been infringed will not receive a response through this process.
Pursuant to the DMCA, your infringement notification must include the following information:
• 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 upon;
• A description of where the material that you claim is infringing is located on the Website, including a link or screenshot of the webpage containing the infringing material, if applicable;
• Your address, telephone number and e-mail 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.
Please send your notice of copyright infringement to METV’s designated Copyright Agent by email on email@example.com
16. AMENDMENT; ADDITIONAL TERMS
In certain instances it may be necessary to update or modify our Terms of Service to reflect changes to our business, practices or policies.
Modifications to these Terms of Service will be effective upon: (a) notice, either by posting on our Website or by email notification; and (b) your subsequent use of our Website or Service. It is your responsibility to review the Terms of Service and the Website from time to time for any changes. Your access and continued use of our Website or Service following any modification of these Terms of Service will signify your assent to and acceptance of the same. If you object to any revision to the Terms of Service, immediately discontinue use of our Website and Service and, if applicable, terminate your account.
17. NO SPAM
You may not use METV’s Website, Social media, Services, our related websites or any of our tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our Websites to violate the terms of this section. We may terminate your access or use of METV immediately and take any other legal action if you, or anyone using your access to METV, violates these provisions.
18. METV Trial, Individual and Trainers licenses are to be used only by the individual who purchased the license, and only with one computer. If the client accesses METV from different computers, with the intention of sharing his/her login with other users, his/her account will be immediately terminated, without any refunds. A user with misuse intentions may be billed accordingly with the real use of METV, without prior notice.
A METV Company license is inteded for use by employees from one company, at one company site/building in one city. All misuse will result in a suspension of an account and/or billed accordingly, without prior notice.
19. Research Purposes
The user is aware that data, test results and scores are being recorded while using the online products. No personal data will be made publicly available without consent of the user, however data, test results or scores might be anonymously used and published for research or study purposes, without notifying the user.
20. OTHER TERMS
No waiver by either of us of any breach or default under these Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Service are for convenience only and shall not be given any legal import.
If any part of these Terms of Service is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Service shall be stricken and that the remaining terms in the Terms of Service shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in force.
You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.
These Terms of Service constitute the entire agreement, and supersede all previous written or oral agreements, between you and New Vision (METV) in connection with the Website and Service, and supersede all previous written or oral agreements between you and NEW VISION (METV).