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Termos e condições

Terms and Conditions of Service for Business Customers

AGREEMENT BETWEEN CUSTOMER AND MY EVENTS ON VIDEO, INC.

NOTICE! You must read this agreement carefully and click the "I Agree" button at the bottom of the page to continue.

1. SERVICES OFFERED

MY EVENTS ON VIDEO, INC (referred hereinafter as "MEOV", "our", "we" and/or "us") offer business customers (also referred hereinafter as "Customers", "Customer", "subscriber", "you" and/or "your") who agree to the following terms and conditions of service (hereinafter the "Terms and Conditions") the ability to manage inventory video media to customers via the Internet on a customized web site (the "Site") hosted and maintained by MEOV. To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

2. BILLING

At the beginning of every contract term, MEOV will charge subscriber"s credit card based on predefined terms for the amount agreed by you during your enrollment by choosing the level of Service (the "Membership") or upon subsequent Membership upgrade, multiplied by the duration of the contract term in months, regardless of the volume of actual usage of the Service. At our sole discretion, we reserve the right to terminate our Services to you if your account becomes delinquent for non-payment. We reserve the right to change Rates and Memberships at any time and will provide you a thirty day notice prior to the change. The first payment will be due with the execution of these Terms and Conditions. Continuing payments will be due 30 days of each Billing Period monthly based on MEOV"s service billing. All services are pre-paid and will start on the first day of the contracted term. Contract term is determined by the payment plan specified during enrollment procedure (one month, one year, two year; other term duration if applicable). Membership upgrades are subject to additional pro-rate invoicing for days remaining in the current billing period. If MEOV does not receive payment from the card issuer, you agree to pay MEOV all amounts due upon demand. Customer agrees to pay all attorney and collection fees arising from MEOV"s efforts to collect any past due amounts from Customer.

1. Continuous Service Membership. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your membership will be automatically renewed and your credit card will be charged based on the subscription payment plan in accordance with the contract term. Credit card charges may be processed immediately after invoicing.

2. Cancellations. You may cancel your MEOV account at any time giving a 30 day notice. NO REFUNDS OR CREDITS WILL BE ALLOWED. Upon cancellation or termination of the Service, you will not receive any refund for any charges or fees associated with the Service.

3. TERM AND TERMINATION

The Terms and Conditions shall continue in full force and effect for the term period specified (one month, one year, two year; other term duration if applicable) from the date you originally accept them and shall be automatically renewed on each anniversary thereof for an additional term as reflected on the first page of the service agreement. The Terms and Conditions may be terminated as follows:

1. Either party may terminate the Terms and Conditions at any time after the end of the first full term and for any reason giving 30 days notice to the other party, and

2. In the event of any termination pursuant to this Section 3, MEOV"s obligation to provide the Service to you will cease immediately.

4. ACCEPTANCE OF TERMS

If you agree to accept the Terms and Conditions by clicking on the "ACCEPT" button, which appears at the end of the Getting Started page, you will be able to start using MEOV Services through MEOV. You can review the most recent version of the Terms and Conditions at any time at autosonvideo.com/meov/eula.aspx. In addition, you will be subject to any guidelines or rules we may post from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. Should you breach this Agreement, MEOV will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your membership payment will be refunded. Should MEOV decide to suspend the Service for any reason other than breach, it will refund to you the unused portion of your membership payment, which will be your sole and exclusive remedy upon such a suspension of Service. These terms and conditions and our provision of the Services are made by and between MEOV and only a single person or business entity; other people and your other business entities, sites, franchises, and locations, if any, must register separately to use the Services.

5. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to:

1. provide true, accurate, current and complete information about your business as prompted in Enrollment, and

2. maintain and promptly update your Business Account, Schedules, and Personnel Records, to keep it true, accurate, current,

complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MEOV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MEOV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. keep all your data published on the Site compliant with our Acceptable Use Policy (see Section 23).

6. MEOV"S PRIVACY POLICY

We may disclose to third parties certain aggregate information contained in your Business Account Data or related data, provided that such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms and Conditions. For more information, please see our full Privacy Policy.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service"s Enrollment process. You are responsible for maintaining the confidentiality of the password, your account and the proprietary content of the product material, and are fully responsible for all activities that occur under your password or account. You agree to:

1. Not hand over or provide your access username or password to any other users, and to immediately notify MEOV (Tech Support) of any unauthorized use of your password or account or any other breach of security.

2. Ensure that you exit from your account at the end of each session. MEOV cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7 or from any loss or damage arising from the actions of any third party.

3. Promise to maintain strict confidentiality of the product once accessed, never providing unauthorized use or viewing of the product once accessed, by any individuals or third parties who have not been authorized by MEOV, except as required by law under conditions mandating such access. This includes neither performing nor allowing the unauthorized exhibit, presentation, recording, storage or capture of any of the MEOV product or its copyrighted content, without legal authorization from MEOV to do so.

8. LICENSE

Subject to the Terms and Conditions, MEOV grants you a non-exclusive and non-transferable license to access the Services over your computer or phone based on the plan you selected. MEOV is the owner of any and all information, data, text, software, messages and other materials (collectively, "Content") within the Service, including, without limitation, the URL assigned by MEOV to your business. This license may not be shared with or extended to third parties or your other business entities, sites, franchises, or locations not specified on your selected plan.

9. RESTRICTIONS ON USE OF SERVICES

Except as expressly permitted, you may not reproduce, disclose, redistribute, retransmit, publish, sublicense, assign, transfer or commercially exploit any of the Services or any other content that you receive, directly or indirectly, through the Services to anyone without prior written approval from MEOV. You may not use or permit anyone to use the information provided through the Services for any unlawful or unauthorized purpose. You will use the Services to only process your own internal data at the installation(s) you specified in your plan, and you will not sell, rent, lease, sublicense, or otherwise make available the Services to third parties or your other business entities, sites, franchises, or locations.

10. MODIFICATIONS TO SERVICE

MEOV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MEOV shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that MEOV, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MEOV believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. MEOV may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that MEOV may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MEOV shall not be liable to you or any third-party for any termination of your access to the Service. In the case of voluntary account termination you agree to pay any past-due invoice amounts and early contract termination fee should the service contract period not be fulfilled. You also agree that MEOV does not have any obligations to perform termination of your account if such termination request is submitted by you or by any third-party on your behalf by means of telephone, fax, voice message, regular or electronic mail.

12. DEALINGS WITH CUSTOMERS

MEOV"s correspondence or business dealings with customers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such customers. You agree that MEOV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such customers on the Service. You shall cause all communications initiated to your customers through the Service to comply with all applicable laws and regulations, including without limitation those promulgated by the U.S. Federal Trade Commission and the U.S. Federal Communications Commission in connection with telemarketing and the prevention of unwanted phone calls or emails. You shall be solely responsible for ensuring that your customers are legal adults who are competent to engage in commercial transactions with you.

12. LINKS

The Service may provide, or third parties may provide, links to other Internet sites or resources. Because MEOV has no control over such sites and resources, you acknowledge and agree that MEOV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MEOV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. Link to Customer"s Web Site

If Customer links a web site controlled by Customer to the Service, Customer agrees to comply with the Acceptable Use Policy (as contained and described in these Terms and Conditions) to these Terms and Conditions and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export of data and tax laws and regulations. Customer is solely responsible for any content contained on Customer"s web site and Customer shall so state on Customer"s web site. MEOV may at any time and without advance notice modify or restrict Customer"s participation in the Service if MEOV determines in its sole discretion that Customer"s information violates the Acceptable Use Policy, any laws or regulations, is disruptive, causes a malfunction of the Service, or is not suitable for the Service. If Customer does not correct the violation within 5 days thereafter, MEOV may terminate the link or Customer"s access to the Service.

14. ABUSE

Any use of MEOV applications, systems and system resources that disrupts the normal use of the system for other MEOV customers and users is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of abuse include but are not limited to multiple enrollments for the same business, creation of fictional consumer profiles and login accounts, impersonating other customers and users in creating appointments for any business account (including your own), running load tests and denial of service attacks against autosonvideo.com.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS, AND THERE MAY BE DELAYS, OMISSIONS, ERRORS OR INACCURACIES IN THE SERVICES AND THE INFORMATION AND DATA ASSOCIATED THEREWITH. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE TERMS AND CONDITIONS. YOU WILL BEAR ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY.

2. NONE OF MEOV, ANY LICENSOR, EMPLOYEE, AFFILIATE OR AGENT OF MEOV, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES (EACH, A "PROVIDING PARTY") WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR FROM ANY INVESTMENT DECISION MADE USING THE DATA, INFORMATION, OR TRANSACTIONS PROVIDED BY THE SERVICES.

16. DISCLAIMER OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PROVIDING PARTY WILL BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY FOR ANY OF THE FOLLOWING DAMAGES, REGARDLESS OF THE THEORY UNDER WHICH SUCH DAMAGES MAY BE SOUGHT AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF: (A) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY SUCH PROVIDING PARTY"S ACTS OR OMISSIONS IN ANY WAY IN CONNECTION WITH THE SERVICES, WHETHER NEGLIGENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS RESULTING IN DELAYS, OMISSIONS, OR INACCURACIES RELATING THERETO, (B) ANY LOSS OR INJURY ARISING FROM ANY DECISION, ACT, OR OMISSION BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE SERVICES, (C) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING HEREUNDER OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITIES, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCES, OR LOSS OF USE OF THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. INDEMNIFICATION

You agree, at your own expense, to indemnify, defend, and hold harmless all Providing Parties against all claims, suits, actions, and other proceedings brought by any third parties to the extent based on or arising in connection with your use of the Services or your performance of, or your failure to perform, your obligations as set forth herein, and you will pay any and all costs, damages, and expenses, including without limitation reasonable attorney"s fees and costs, awarded against or otherwise incurred by such Providing Parties in connection therewith.

19. PROTECTION OF TERMS AND SERVICES

The provisions of the Terms and Conditions are for the benefit of each Providing Party. Each Providing Party shall have the right to assert and enforce the provisions of the Terms and Conditions directly on their own behalf.

20. CONFLICTS

Neither the course of conduct between MEOV and you nor trade practices shall act to modify the provisions of the Terms and Conditions.

21. INTELLECTUAL PROPERTY

You acknowledge that MEOV has exclusive proprietary rights in the information received by you through the Services. The Services may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights laws of the United States. The Services may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties.

22. GENERAL PROVISIONS

The Terms and Conditions constitute the entire agreement between you and MEOV regarding your use of the Service, superseding any prior agreements and understandings between you and MEOV. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditions and the relationship between you and MEOV shall be governed by the laws of the State of Missouri that apply to contracts performed entirely within Missouri. The failure of MEOV to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.

23. ACCEPTABLE USE POLICY

MEOV reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws, the Terms and Conditions for MEOV or this Acceptable Use Policy. Actions which MEOV considers inappropriate include, but are not limited to, (1) using the Service to sell any products or services that are unlawful in the location at which the content is posted or received; (2) using the Service to post any content of the nature set forth in 47 U.S.C. §230(c)(2) (A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable); (3) using the Service to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; (4) using the Service to post any content that holds MEOV (including its affiliates), employees or shareholders up to public scorn or ridicule; (5) using the Service to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others; (6) deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; (7) using the Service in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or (9) introducing viruses, worms, Trojan horses, or other harmful code on the Internet.

24. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Missouri.

25. ARBITRATION

Should Customer and MEOV be unable to resolve a difference or dispute that may arise with respect to this agreement, such dispute shall be referred to three (3) arbitrators: one to be chosen by each of the aforesaid parties and the third by the two so chosen. The three of them are to be bound by the rules of the American Arbitration Association. The venue shall be in St. Louis County, Missouri. The decisions in writing shall be binding on both Agent and Company and may be informed in any court of competent jurisdiction. The favored party shall be awarded reasonable attorney"s fees resulting or deriving from such arbitration and/or legal enforcement.

At LOGIN to AOV Dashboard, I Agree the TOS.

My Events On Video - End User Agreement