Terms of service

End User license Agreement & General terms and conditions of use "emundoo" Client



1. DEFINITIONS



In these General Terms and Conditions of Use:

"Content" shall mean all data such as images, sounds, text, multimedia applications such as e.g. video and audio, software and any other applications including but not limited to inter-active formats such as chat rooms, and combinations of all the afore listed. It also includes all future Content, including software updates, new versions, releases, formats, variations, enhancements and improvements of the afore listed, as developed or produced from time to time and as made available by "emundoo" on its Player and/or Site.

"EULA" shall mean End User License Agreement, as amended from time to time.

"GTU" shall mean General Terms and Conditions of Use, as amended from time to time.

"ISP" shall mean internet, telecommunications, cable or other network service providers, as used by User in order to access the Internet and use the Services.

"Client" shall mean the software application, which can be downloaded from the Site or installed through other sources authorized by "emundoo", as the case may be, and which, upon its installation, enables registered Users to receive and watch programmes on their computer.

"Services" shall mean (a) the Site and/or the Client and (b) the services provided through the Site and/or the Client and (c) all Content made available through the Site and/or the Player, as amended, expanded, modified or reduced from time to time.

"Site" shall mean www.emundoo.com, any other webpage therein or any other website or webpage determined by "emundoo" or motionet. "Territory" is the country or countries in which User is entitled to use the Services.

"User" is a private person of legal age and/or with sufficient legal capacity to conclude agreements, who has read, understood and accepted the EULA and GTU and who will use the Services for private use only, subject to the EULA and GTU.

"User ID" are identifiers of the User including but not limited to User’s e-mail address, User names, passwords etc. that are required to access the Player and/or certain parts of the Site and/or to use the Services. motionet may amend, modify, expand or reduce the User ID conditions at any time.

"motionet" shall mean motionet AG which constitutes the provider and legal representative of "emundoo".

"emundoo" shall mean the software system of "emundoo" provided by motionet AG,Mintropstraße 20-22, 40215 Duesseldorf, Germany. "emundoo" is registered in the German Patent and Trade Mark Office under No. 30 2008 001 791.

2. SCOPE OF APPLICATION AND ACCEPTANCE OF TERMS



motionet provides Services to Users, subject to the following GTU. The GTU apply to all existing and future Services, motionet reserves the right to modify, reduce or expand the scope of Services or to interrupt or stop the provision of Services at all times without notifying the User.

By clicking the box regarding the acceptance of the EULA and GTU, you as User confirm that you are of legal age and meet the legal conditions to commit to the GTU and to use the Services that you have read and understood the GTU that you agree to the content of the GTU and that you will always abide by the GTU.

3. USER'S OBLIGATIONS



3.1 Accuracy and completeness of User information



User acknowledges and confirms that all User information provided to "emundoo" is accurate. User will update his or her information if any changes occur. User is only entitled to one account.

3.2 User identification



User agrees to keep the User ID confidential and to only use his or her User ID when logging in and using the Services.

3.3 Legal and fair use



User shall be responsible for any and all activities performed on its computer. In downloading the software and using the Services, User undertakes to always abide by the applicable laws including foreign and international laws, the GTU and the best practices of internet use such as e.g. the "Netiquette" which form an integral part of these GTU. User further undertakes to refrain from any activities that violate the afore mentioned provisions or third parties’ rights or which are obscene, pornographic or otherwise offensive, unethical or inappropriate. User will refrain from any illegal or unauthorized use or access to third party property such as e.g. computers, hardware, networks, software and data and User will refrain from any action which damages or could damage or destroy third party property such as e.g. computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.

It is the User’s sole obligation to abide by the Fair Use and other contractual provisions or general terms of his or her ISP.

3.4 Private use only; requirements for using the service



User shall only use the Services for its own private purposes. It shall in particular not make the Services available and accessible to third parties, e.g. to an open group of people by using the Services in public areas, including but not limited to cinemas, theatres, exhibitions, show rooms, hotels, bars, restaurants, or other public space. The receipt or further transmission of Content and the use of the Services in such areas is illegal and violates third party rights including but not limited to copy rights.

User acknowledges that the Services may only be used if the legal and technical conditions are fulfilled. It is the User’s sole responsibility to make sure that his or her computer, IT systems, software and components fulfill the system requirements in order to be able to use the Services and that the contract between the User and his or her ISP permit the use of the Services, in particular regarding bandwidth use.

User is solely responsible for any fees generated by the use of Services including any costs for transmitting and downloading data etc.

3.5 No violation of copy-righted material



User acknowledges that the Content made available in relation with the Services is copy right protected, encrypted and deemed for private, single and instant viewing. User may not make the Services and Content available to third parties, e.g. by cracking the encryption, circumventing or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sublicensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the Services including conversions of Content into other formats etc.

User may not decompile, reverse engineer, disassemble or otherwise intend to make the software used in combination with the Services, including the source code, available to third parties, if not permitted by other agreements.

User further acknowledges and agrees that also other third party data published on the "emundoo" website or otherwise made available in combination with the Services may also be copy right protected or otherwise protected by intellectual property rights and User undertakes that he or she will not copy or otherwise use such data without the right holder’s consent.

3.6 Legal restrictions to use the services



The use of Services and in particular the Content may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by local laws etc. User is solely responsible that at all times the Services are only made available to persons in his environment or under his responsibility that are of legal age and/or meet any other legal requirements for the use of such Services. In particular, User shall abide by the applicable provisions regarding the protection of minors from harmful media content and User shall be solely responsible for the compliance with such provisions. User shall take all measures required by law and other reasonable measures to prevent minors from viewing or accessing content and data which is inappropriate for them, including the use of any technical means barring minors from accessing the Services or the prohibition of minors to use the Services during certain time slots as provided by local laws.

3.7 Territory



User undertakes only to use the Services in the country in which he or she resides or in another country of the Territory in which the Services are made available by "emundoo" in accordance with information published on its Site or in the Player.

3.8 Duty to protect User's computer



User acknowledges that the internet is not safe and that unauthorized attacks by third parties on the User’s computer are possible. It is the User’s obligation to protect his or her computer and IT systems, equipment on which the Services are used and his or her software against unauthorized access, bugs, viruses, worms, spy ware, Trojan horses etc. User has to refrain from any and all activities that may endanger the operability and security of the Services and/or of networks.

3.9 P2P technology



The software provided by "emundoo" within the Services utilizes advanced peer to peer network technology. Such technology utilizes computing resources (including but not limited to the processor, memory and/or cache of User’s computer), power, and bandwidth (upstream and downstream) or other User’s data storage hardware for the sole purpose of allowing the communication between User’s computers with other "emundoo" users’ computers and the transmission of Content among User and other "emundoo" users. User acknowledges that the use of such resources is independent from User using the Services. User explicitly agrees to such use of its components and makes them available for such use.

3.10 Obligation to hold motionet harmless



User shall hold motionet, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers or auxiliary persons harmless from any claims of third parties filed against any or all of the afore mentioned parties, arising out of the violation of any of the afore mentioned obligations of User.

4. COSTS FOR THE USE OF THE SERVICES



4.1 Temporary free of charge use of services



The registration and downloading of the Player for the purpose of using the Services is free of charge.

For the time being, the use of the Services is free of charge for the User.

"emundoo" reserves the right to modify its revenue model at any time and to determine that all or certain Services or part of the Services are provided against a fee to be paid by the User subject to conditions to be further detailed by "emundoo" in the future. In such case, "emundoo" will determine which Services are subject to the payment of a fee and it will publish the respective price list for the use of its Services on its Site and/or Player and notify the User accordingly.

4.2 Internet and other usage costs



User is aware and agrees that all costs in relation with the use of the Services such as costs of his computing resources, Internet access and connection costs including but not limited to those of ISP’s and/or other telecommunications or network providers for downloading and uploading data, costs of data storage devices and hardware, costs for energy power etc. are at his sole expense.

5. INTELLECTUAL PROPERTY



5.1 "emundoo" intellectual property



"emundoo" is a registered trademark. Any use requires the previous written consent of motionet.

The software developed by motionet and all data and information displayed on the website and/or Client is copyright protected or otherwise protected by intellectual property rights and may not be used without the consent of "emundoo".

6. DATA PROTECTION



User is aware that the use of the internet is not safe and that there are certain inherent risks for the protection of personal data. "emundoo" shall make reasonable efforts to protect personal data but it cannot guarantee or warrant that data provided by User to "emundoo" is safe and protected from unauthorized third party access and it therefore waives all liability in this respect.

When subscribing to the Services or using the Services, certain personal data of the User is collected and processed in accordance with the German data protection provisions. Collected personal data includes or may include in the future, name, email address and IP address.

User acknowledges and agrees that "emundoo", by way of setting Cookies, may collect data on usage of the Services by User such as IP address, media viewed, duration of a session and page views on the "emundoo" website. Cookies are small packages of data stored on User’s computer and memorized by User’s browser. Cookies allow faster navigation on websites, allow a personalized access of User in accordance with preferences and needs and prevent misuse of "emundoo" website. User may at all times erase Cookies from its computer by using the respective functions of the browser. User acknowledges and accepts that the removal of Cookies may have an impact on the performance of the Services. Notwithstanding the disabling of the Cookies, User acknowledges and accepts that he or she may remain traceable via the User ID.

Personal data is stored by "emundoo" in accordance with and for the duration established in the provisions of German data protection provisions and it may be deleted by "emundoo" in accordance with such provisions, subject to compulsory legal provisions or orders from state authorities such as courts requiring "emundoo" to store and maintain such personal data at the disposal of the authorities.

User may at all times request access to the personal data collected, if inaccurate request that such collected personal data is corrected, that the collection of personal data is blocked or that the collected personal data is erased, subject to legal provisions or orders from state authorities such as courts requiring "emundoo" to store and maintain such personal data at the disposal of the authorities.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES



User acknowledges and agrees that the downloading of software, Content and other data and the use of the Services is at the User’s sole discretion and risk.

7.1 No representations and warranties with regard to the right and title to the services



"emundoo" does not represent, warrant or claim, whether expressly or implied that it has all right and title to the Services and that the Services do not violate third party rights.

7.2 No representations and warranties with regard to the quality of the services



The Services including the software provided by motionet or by suppliers authorized by motionet is provided "as is". motionet makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services.

7.3 No representations and warranties with regard to the content



"emundoo" does not represent, warrant or claim, whether expressly or implied that the Content or other third party content provided via the Services such as TV programs, advertisement etc. is accurate, complete, legal and that it does not infringe any third party rights. "emundoo" does not warrant or assume responsibility for any product, application or service advertised or offered by a third party in combination with the use of the Services or displayed on the Player and/or the Site.

"emundoo" is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the User ID.



8. LIMITATION OF LIABILITY



8.1 Waiver



"MOTIONET" WAIVES ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER IMMATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICE, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE IS FULLY WAIVED.

IN NO EVENT SHALL "MOTIONET", ITS AFFILIATES, PARENT COMPANIES AND THEIR AFFILIATES, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AUXILIARY PERSONS BE LIABLE FOR ANY OF THE AFORE MENTIONED EVENTS OR FOR THE INABILITY TO USE THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM THE USE OF THE SERVICE, EVEN IF "EMUNDOO" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, "EMUNDOO" SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE ILLEGAL USE OF THE SERVICE OR FROM USE WHICH IS NON-COMPLIANT WITH THE EULA AND/OR THE GTU.

"EMUNDOO" SHALL NOT BE LIABLE FOR ANY ACTIONS OR OMMISSIONS OF THE USER WHICH ARE CONTRARY TO THE APPLICABLE LAWS, THE EULA, THE GTU AND ANY OTHER APPLICABLE PROVISIONS OR FOR ANY USE OUTSIDE OF THE TERRITORY.

"EMUNDOO" SHALL NOT BE LIABLE FOR ANY CONTENT AS DEFINED ABOVE, FOR ANY ADVERTISEMENTS OR FOR ANY THIRD PARTY CONTENT TRANSMITTED BY WAY OF THE SERVICES OR OTHERWISE MADE AVAILABLE ON ITS WEBSITE ETC.

THE RIGHT OF USER TO SEEK RELIEF WITH REGARD TO THE SERVICES IS LIMITED TO UNINSTALLING THE PLAYER AND TO CEASING THE USE OF THE SERVICE. NOTWITHSTANDING THE ABOVE, "EMUNDOO" MAY CHOOSE AT ITS OWN AND SOLE DISCRETION, TO PROVIDE USER WITH SERVICES THAT ARE FREE FROM DEFECTS.

8.2 Prescription



Any claims of User against motionet must be filed within one year of occurrence of the reason giving right to such claims and shall prescribe thereafter.

9. TERM OF USE OF SERVICES AND CESSATION OF USE



9.1 Duration



The right to use the Services is granted as from the date on which User accepts the GTU and downloads and/or installs the Client. Such right is granted for an unlimited period of time, subject to the compliance of applicable law and the EULA and/ or the GTU by User.

9.2 Cessation



User may cease the use of the Service at all times. In such case, User must immediately and permanently erase all copies of the Client and other software provided in combination with the Services.

motionet may at any time discontinue the provision of the Services or of part of it without having to notify User, without having to give any reason for the cessation of the Services to User and without giving right to any claim for compensation to User. Upon notice of cessation by "emundoo", User must immediately cease all use of the Services and completely erase all copies of the Client and other software provided by motionet to access the "emundoo"-Services. motionet may request from User that he or she confirms in writing the deletion of the Client and other "emundoo" software and User undertakes to provide at first request of motionet such written confirmation.

motionet will not be liable for any damages caused by cessation of the Services.

10. GENERAL PROVISIONS



10.1 Transferability



User may not assign or transfer any rights or obligations arising out of these GTU to any third party. "emundoo" may assign any rights and obligations arising out of these GTU including the provision of certain or all Services or parts of it without User’s consent.

10.2 Modifications and amendments



motionet reserves the right to modify and to amend these GTU at all times and at its sole discretion without having to notify the User of any such modifications or amendments. The actual and legally binding version of the GTU is published on the Site and is valid as of the date of its publication. It is the User’s sole discretion to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.

10.3 Severability



Should any provision of these GTU be deemed invalid, void or unenforceable the remainder of the GTU shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision which best reflects the commercial purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual gap.

10.4 Language



The original version of these GTU has been drafted in English. In the event of inconsistency or discrepancy between different language versions, the English version shall prevail.

11. APPLICABLE LAW; FORUM



This agreement shall be governed by and construed in accordance with the substantive laws of Germany. The place of jurisdiction shall be Duesseldorf, Germany, subject to compulsory places of jurisdiction. User hereby consents to and irrevocably submits to the exclusive jurisdiction of the Duesseldorf courts. Not withstanding the above, motionet may, at its own election, choose to bring any action against User in the courts of the domicile of the User.





© motionet AG 2010