Terms & Conditions
MTV Networks AB B2B Website Terms and Conditions
These terms were last updated on 15 October 2008.
TERMS OF SERVICE
This Website is owned and run by MTV Networks AB. We provide the Website and its online services to you subject to the following terms and conditions. You must read these terms and conditions before using the Website and its online services. By using the online services you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when using particular services, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the specific guideline or rule shall prevail. If you do not wish to be bound by any of these terms and conditions, you may not use the Website or its online services.
“Contract” means these terms and conditions as they apply between us and you;
“Information” means all material delivered by us through the Website, including, without limitation, photographs, schedules, texts, editorials, newsletters, downloadable material, show reels, the press release archive, online competitions;
“Registration Form” means the form you must complete in order to register on the Website, participate in any of our online competitions and/or use any other aspect of the Service;
“Registration Information” means all personally identifiable information collected by us when a user submits a completed Registration Form;
“Service” means the provision by us to you of access to the Information through this Website;
“MTV Networks AB”, “we”, “us”, “our” means MTV Networks AB, Lumaparksvägen 7, 120 31 Stockholm, Sweden;
“Website” means the websites situated at www.mtvnetworks.se, www.mtvnetworks.no, www.mtvnetworks.dk and www.mtvnetworks.fi;
“you”, “your”, “yourself” means you, the end-user of the Service, in your capacity as a business user and not as a consumer.
2 REGISTRATION, PASSWORD, SECURITY AND USE
Some parts of the Service may require you to sign up in order to use the Service (or parts thereof). You will be required to complete an online Registration Form and provide us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You may need to submit various details (for example your name and email address) and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; (b) exit from your account at the end of each session; and (c) update from time to time and as relevant the personal information provided by you to us.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 2.
If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Even though we used our best endeavours to prevent virus on our Website, we recommend that you at all times use an anti-virus program for use of the Website and the Service.
3 DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the Information, for example software and photographs, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Information.
We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where: (a) you have provided incorrect information in connection with the Service; (b) you accidentally erase an element of the Service provided to you; or (c) you fail to comply with the instructions for use of the Service as explained by us.
4 LIMITATION OF LIABILITY
You agree that, except for death and personal injury arising from our negligence or any loss arising as a result of fraud or any other liability we cannot validly exclude at law, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service or Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
5 RIGHTS GRANTED/ RIGHTS RESERVED
The Information is provided to you for the purposes of communicating the activities of MTV Networks AB and the brands it represents, and the commercial opportunities available to advertisers, distributors and our other partners or clients. Where Information is made available for download, you may download the Information onto only one (1) computer hard drive for the purpose of review with and by advertisers, potential advertisers, their agencies, distributors, operators, partners and other of our clients.
If a section on the Website provides you to download Information for use in your marketing of MTV Networks AB, this Information may only be downloaded onto only one (1) computer hard drive and may further only be used in your marketing of MTV Networks AB, our services and programmes and only during one (1) year from the date of download. [Beror på rättigheter från skivbolagen]
The Information may not be used for any other purpose than expressly stated above including without limitation, publication, reproduction or transmission without our express written permission.
You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in any Information or deep-link to and/or frame or use framing techniques to enclose any part of our Service without our prior written consent unless this has been specifically authorised by us. Unless we specifically tell you otherwise this restriction also applies to you modifying any Information available on our Service, for example by making a “mash-up” or other derivative work.
All rights not expressly granted to you are reserved to us.
6 USER CONDUCT
You undertake not to use the Service:
(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user’s computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a MTV Networks AB employee, manager, host or another user;
(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages;
(k) to make available in any way (for example by uploading or linking) any material which would amount to a breach of these terms if you had posted it directly, or which contains any virus or other harmful code, or which may otherwise impair or harm our online services or our computer systems or any third party computer system; or
(l) in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.
By using the Service, you agree that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us.
You will fully compensate us and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you.
You acknowledge that we have limited control over the nature and content of Information and programs transmitted or received by you or others who use the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
8 INTELLECTUAL PROPERTY
You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service, Information and the Website shall remain vested in us or our licensors. To the extent that any Information made available for download is expressly credited to us or a third party, such credits must not be removed or the Information altered in any way.
9 SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions or otherwise behave in an unlawful or unethical manner.
If we run a competition from the Website, we will alert you to the particular rules and/or restrictions applicable to the competition when you enter.
11 USER PRIVACY
If you want to amend or remove all of your Registration Information from our database, you may do so by sending an email to [insert email address] specifying your name, email address and telephone number.
12 OTHER WEBSITES
This Website may contain links to other websites which are not controlled by us. This Contract only applies to your use of this Website and the Service only, and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.
13 CHANGES TO THIS CONTRACT AND THE SERVICE
We reserve the right to change the terms and conditions of this Contract from time to time. We recommend that you check these terms and conditions from time to time to see if they have changed. We will always state at the beginning of these terms the date on which they were last updated.
If you continue to use our Service after our terms change you will be bound by those changes.
It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service.
We also reserve the right to change and update the Service from time to time.
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract or suspension of your access to the Service.
15 NO WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach by you of any provision.
16 CHOICE OF LAW AND JURISDICTION
This Contract shall be governed by Swedish law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the arbitration institute of the Stockholm Chamber of Commerce.