TERMS AND CONDITIONS

1. Your Acceptance

1. This MaYoMo website under www.mayomo.com (the 'Website') is owned, operated and maintained by MaYoMo B.V. ('MaYoMo'), which is registered at the Dutch Chamber of Commerce under number 34335522 and has its registered address and main trading address at Strawinskylaan 1143, Tower C-11, 1077 XX Amsterdam, The Netherlands. MaYoMo VAT number is NL82068169B01 .

2. You agree to accept and to be bound by these Terms and Conditions (including any changes) by (a) clicking to accept or agree to these Terms and Conditions when registering on the Website or (b) actually accessing and using the Website. If you do not agree to these Terms and Conditions, you cannot register yourself at the Website and please do not further access and/or use the Website.

2. Website Access

1. MaYoMo hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Website; and (v) you comply with these Terms & Conditions.

2. Without limitation, you undertake not to use or permit anyone else to use the Website:
  (i) to send, receive, download or post any material which is offensive, of an indecent, obscene or menacing character, pornographic, violent, blasphemous or defamatory of any person, in breach of confidence, intellectual property rights, rights of personality, publicity or privacy rights or any other third-party rights;
  (ii) to cause annoyance, inconvenience or anxiety;
  (iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
  (iv) other than in conformance with accepted Internet practices and practices of any connected networks;
  (v) in any way which may, in MaYoMo's opinion, adversely affect the use of the Website by other users of the Website; or
  (vi) in any way which is calculated to incite hatred against any ethnic, religious or other minority or is otherwise calculated to adversely affect any individual, group or entity.

3. The following uses of the Website, and any attempts at such activities, are expressly prohibited:
  (i) resale of any software, products or services in whole or in part without the prior written consent of MaYoMo;
  (ii) furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
  (iii) circumventing security on the Website, including but not limited to, intercepting or accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks;
  (iv) uploading or distributing viruses or other forms of malware or spyware;
  (v) use or launch any automated system, including without limitation, 'robots', 'spiders', and 'offline readers', that accesses the Website in a manner that sends more request messages to the MaYoMo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  (vi) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website;
  (vii) use the communication systems provided by the Website for any commercial solicitation purposes;
  (viii) solicit, for commercial purposes, any users of the Website with respect to their User Submission.

3. Registration

1. In order to access some features of the Website, you will have to create an account. When creating your account, you must provide accurate and complete information. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MaYoMo immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of MaYoMo or others due to such unauthorized use. MaYoMo will not be liable for your losses caused by any unauthorized use of your account.

2. You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', and 'offline readers', that accesses the Website in a manner that sends more request messages to the MaYoMo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

4. User Submissions

1. The Website facilitates the submission of videos, text, software, scripts, graphics, photos, sounds, music and interactive features by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You can only submit such User Submissions when you register with MaYoMo and create an account as set forth above under section 3. You understand that whether or not such User Submissions are published, MaYoMo does not guarantee any confidentiality with respect to any User Submissions. MaYoMo has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one MaYoMo program to another program or portion of the Website.

2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that:
  (i) you own or have the necessary rights and permissions to use and authorize MaYoMo to use the User Submission, including all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms and Conditions; and
  (ii) you have the right to upload the User Submissions on the Website.

3. You agree that you will not:
  (i) publish falsehoods or misrepresentations that could damage MaYoMo or any third party;
  (ii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or
  (iii) misidentify yourself in submitting the User Submission or misstate your true identity.

4. If you up-load User Submissions on the Website you will be given the opportunity to choose a Creative Commons license. For more information in this respect please be referred to www.creativecommons.org. If you decide not to upload User Submissions under a Creative Commons license you hereby grant users of the Website or other viewers of the User Submission a non-exclusive right to use, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.

5. MaYoMo's right to use User Submissions

1. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MaYoMo, you hereby grant MaYoMo, in addition to any other rights which it has pursuant to any other program established by MaYoMo, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and MaYoMo's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).

6. Intellectual Property Rights

1. All intellectual property rights (including copyrights on software, patents, trade marks, service marks, database rights and designs) whether registered or unregistered, in and relating to any and all information, content, reports, data, databases, graphics, interfaces, web pages, texts, files, software, product names, company names, trademarks, logo's and trade names contained on the Website (collectively the 'Content') including the manner in which the content is presented or appears (the 'look and feel' of the Website and other visual or non-literal elements) and all information relating thereto, remain the property of MaYoMo or are used with the consent of the relevant right holders and are explicitly reserved. You shall not, and must not attempt to obtain any title to any such intellectual property rights.

7. Reporting abusive content

7.1 MaYoMo examines notices of infringement on rights of third parties by Users and if possible takes measures against it. Such reports can be made on the Website by clicking the 'Report Abuse' button next to the User Submission. When reporting an infringement on rights of third parties, you will be asked to provide the following information:
  1. Your name, address, telephone number and e-mail address.
  2. an electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notice, a representative list of such works at that site.
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MaYoMo to locate the material.
  5. Information reasonably sufficient to permit MaYoMo to contact the complaining party, such as an address, telephone number, and, if available an electronic mail address at which the complaining party may be contacted.
  6. A signed statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  7. A statement that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.2 When submitting a report, you consent to the forwarding by MaYoMo of information contained in the notices to any person or entity responsible for the User Submission which is subject to the report.

7.3 If it becomes evident, in MaYoMo's sole and absolute discretion, from a report that certain User Submissions are infringing on rights of third parties, MaYoMo will respond expeditiously by removing, or disabling access to such User Submission that is claimed to be infringing or to be subject of infringing activity provided all such claims have been investigated and determined to be valid by MaYoMo in MaYoMo's sole and absolute discretion. MaYoMo reserves the right not to act on a report (i) that is incomplete or inaccurate, (ii) that does not contain sufficient evidence to prove an infringement on rights of third parties, (ii) of which MaYoMo has good reasons to doubt that the evidence contained in the report is lawful, (iv) of which MaYoMo has good reasons to believe that it has not been submitted in good faith.

8. Disclaimers and limitation of liability

1. Although care has been taken to ensure the accuracy of the User Submissions on the Website, the User Submissions are provided 'as is'. MaYoMo does not guarantee that the User Submissions provided on the Website are up to date, complete, fit for a particular purpose, non-infringing or unlawful.

2. By issuing a notice as referred to in article 8 above, you indemnify MaYoMo and its respective affiliates, agents and representatives against any claim of third parties with regard to removing User Submissions or making User Submissions inaccessible.

3. MaYoMo reserves the right to interrupt the accessibility of the Website for maintenance or updating purposes.

4. You are solely responsible for downloading and uploading any User Submissions. You should apply your own judgment in making any use of the User Submissions.

5. In no event shall MaYoMo, her respective affiliates, agents and representatives be liable for any direct and/or indirect loss, damage or expense-irrespective of the manner in which it occurs-which may be suffered due or pursuant to your use of the User Submissions, Content or the Website, or as a result of the inaccessibility of the Website and/or the fact that the Content, User Submissions or the Website is incorrect, incomplete, unlawful or infringing in any way.

6. This clause does not exclude or limit the liability of MaYoMo, her respective affiliates, agents and representatives for anything for which liability cannot be excluded or limited by law.

9. Indemnity

1. You agree to defend, indemnify and hold harmless MaYoMo, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

10. Links

1. The Website may contain links to third party websites that are not owned or controlled by MaYoMo. MaYoMo is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MaYoMo will not and cannot censor or edit the content of any third-party site. For advertisements, we hold the right to reject or request changes for any advertisements on MaYoMo for any reason. By using the Website, you expressly release MaYoMo from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

11. General

1. The Website and these Terms and Conditions are governed by and must be construed in accordance with the laws of the Netherlands. Any claim or dispute between you and MaYoMo that arises in whole or in part from the Website or these Terms and Conditions shall be decided exclusively by a court of competent jurisdiction located in Netherlands.
2. These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MaYoMo without restriction.
3. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by MaYoMo on the Website, shall constitute the entire agreement between you and MaYoMo concerning the Website.
4. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
5. MaYoMo reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
6. MaYoMo may restrict or terminate your registration as well as your access to and use of the Website immediately by giving you a notice by email or in writing if (a) you breach any of the terms of these Terms and Conditions; or (b) we are required to do so by law. In all other cases we shall give you 14 days written notice of our intention to terminate your registration as well as your access to and use of the Website. You may terminate this registration by giving us 14 days notice by email or in writing.
7. You and MaYoMo agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Last updated: 05.October.2009