Terms and Conditions
USERS OF SITE
When using the MIMOtv website you understand that you will access and be exposed to video material submitted by users, and that MIMOtv is not responsible for the accuracy, usefulness, safety or originality of such third party material, nor does it make any claim, warranty or representation in respect of the intellectual property rights of such material. You understand that the majority of the content that can be viewed on the Site is uploaded by our users. You further understand and acknowledge that you may be exposed to video that you find inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive any legal or equitable rights or remedies you have or may have against MIMOtv with respect thereto, and agree to indemnify and hold harmless MIMOtv, its owners/operators, affiliates, directors, employees and/or licensors, to the fullest extent allowed by law concerning any and all matters related to your viewing of video content on the website. Nevertheless should you become reasonably aware of any material that is libellous, criminal, unlawful or otherwise may be infringing the rights of any third party, you agree to give notice of the same to MIMOtv at Mimo Enterprises Ltd, 2 Rectory Cottages, Mells, Somerset BA11 3PN or to email@example.com.
SUBMITTERS OF VIDEO CONTENT
When you upload or post material to MIMOtv, subject to your ongoing right of removal from the site as set out hereunder, you grant to MIMOtv a non-exclusive, worldwide, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, display, perform and (where MIMOtv shall deem necessary for best presentation of the services) edit that material in connection with and to the full extent required for the provision of MIMOtv’s services and business for the duration of copyright, including without limitation for promoting and redistributing part or all of the material (and derivative works thereof: see below) and MIMOtv service in any media formats and through any media channels; and to each user of MIMOtv or its services, you grant a worldwide, non-exclusive, non-transferable royalty-free licence to access your submitted material as required by ordinary use of the services, and to use, reproduce, distribute, display and perform such material to the extent permitted by the functionality of the website and MIMOtv’s services (for example, sharing or downloads) and in accordance with these terms.
In respect of submitted material, a ‘derivative work’ is intended herein to refer to a limited category of works such as edits, .gifs, clips, sound-clips and the like, and promotional use of video materials as part of a highlights or compilation package. It is not intended to cover any unauthorised further use of your plots, characters, or scripts by MIMOtv except what you upload or post to MIMOtv, or as agreed upon entering into a specific co-production or development deal with MIMOtv.
MIMOtv may from time to time put together and distribute Round-Up Shows or other compilations, whether or not in collaboration with third parties, using your uploaded material, and making any necessary editorial decisions as it sees fit. These will be branded as a MIMOtv production but proper credits will at all times be given to the creators so long as this is under MIMOtv’s control.
You have the right to remove your own material from the MIMOtv site at any time (and please see also below in respect of terminating your legal relationship with MIMOtv); however, without prejudice to your ownership rights, which are retained by you, you understand and agree that such material may already have been transferred, sub-licensed, shared, distributed or otherwise made available by MIMOtv to third parties in the normal course of its business and services, including as part of a compilation or a MIMOtv-branded round-up show of users’ material (a ‘Round-Up Show’). Such material may no longer be within MIMOtv’s control and, whilst MIMOtv will act in good faith to consider any reasonable requests in respect of submitted user material, you agree to hold MIMOtv and its owners, directors, employees and partners harmless in such event. Any rights as set out above granted by you to MIMOtv must accordingly be deemed irrevocable.
REVENUE SHARE AND COMMERCIAL TERMS
In addition to the benefits from your material featuring on the MIMOtv platform, MIMOtv offers the following revenue share terms to qualifying users
MIMOtv will set up a voluntary Paypal donations option alongside [all] material uploaded onto the site. As creator of the material you upload, you keep 85% of all tips submitted through Paypal via MIMOtv’s site in respect of your material (after Paypal has taken its fees).
2. Compilation Revenue
In the instance that your video clip is included in the MIMOtv Round-Up Show and/or any other compilation of material submitted, which is then commercially exploited via 3rd party channels (licensed or deriving share of advertising revenues), MIMOtv will share the net revenue 50:50 with the creators, distributed on a pro-rata basis considering the length of the relevant clip(s) as part of the whole. Net revenue means the revenue after the third party platform has deducted its own share.
3. Development Deals
In respect of any material which we consider as suitable for a development deal with yourselves, we shall contact you to discuss in good faith the exploitation rights and revenue share, and seek agreement of terms with you on a case by case basis.
If you use the MIMOtv website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are also responsible, and agree to accept responsibility, for all activities that occur under your account or password. The MIMOtv website carries material that may be unsuitable for under 18s. If you are under 18, you may use the MIMOtv website only with the consent of a parent or guardian.
MIMOtv reserves the right to terminate accounts and remove or edit content in its sole discretion: please see below.
ENDING YOUR RELATIONSHIP WITH MIMOtv
PRIVACY AND PERSONAL INFORMATION
WEBSITE ACCESS AND CREATING AN ACCOUNT
In order to access some features of the website, you will have to create an account. You may never use another’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MIMOtv immediately of any breach of security or unauthorised use of your account. Although MIMOtv will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MIMOtv or others due to such unauthorised use.
You further agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the MIMOtv 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. Notwithstanding the foregoing, MIMOtv grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MIMOtv reserves the right to revoke these exceptions either generally, or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.
ABILITY TO ACCEPT TERMS OF SERVICE
ASSIGNMENT OF RIGHTS UNDER THIS CONTRACT
You agree that your use of the MIMOtv website shall be at your sole risk. To the fullest extent permitted by law, MIMOtv, its members, managers, employees, and/or agents disclaim all warranties, express or implied, in connection with the website and your use thereof. MIMOtv makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website; (iv) any bugs, viruses, ‘trojans’, malware, adware, or the like which may be transmitted to or through our website by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MIMOtv website. MIMOtv does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the MIMOtv website or any hyperlinked website or featured in any banner or other advertising, and MIMOtv will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
In no event shall MIMOtv, its members, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, exemplary, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our website; (v) any bugs, viruses, malware, trojans, or the like, which may be transmitted to or through our website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the MIMOtv website, whether based on warranty, contract, tort, or any other legal or equitable basis, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The website is controlled and offered by MIMOtv from its facilities in the United Kingdom. MIMOtv makes no representations that the MIMOtv website is appropriate or available for use in other locations. Those who access or use the MIMOtv website from other jurisdictions do so voluntarily and are responsible for compliance with local law.
INTELLECTUAL PROPERTY RIGHTS
The content on the MIMOtv website, including without limitation, the videos, text, software, scripts, graphics, photos, sounds, music, interactive features and the like, and the trademarks, service marks, and logos contained therein, are owned by or licensed to MIMOtv, and will be subject to copyright and other intellectual property rights (registered or unregistered) under applicable national laws and international conventions. Content on the website is provided to you “as is” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or as expressly permitted herein. MIMOtv reserves all rights not expressly granted in the site, its content and the marks. You agree to not engage in the use, copying, or distribution of any of the content of the site other than expressly permitted herein.
This website contains certain valuable trademarks owned and used by MIMOtv. These trademarks are used to distinguish MIMOtv quality products and services. These trademarks and related property are protected from reproduction and imitation under national and international laws and are not to be copied without the express written permission of MIMOtv except in accordance with honest business practices.
The text, graphics and html code contained in this website are the exclusive property of MIMOtv. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of MIMOtv. The MIMOtv website may link to sites not maintained by or related to MIMOtv. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with MIMOtv. MIMOtv has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. MIMOtv makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, MIMOtv does not implicitly endorse third-party sites hyper-linked to this website.
Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change, so please check it periodically.
PERSONALLY IDENTIFIABLE INFORMATION
Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, email address or any information you submit to manykitchens.com that identifies you individually.
This website will not collect any personally identifiable information about you unless you provide it. Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.
You can visit and browse the MIMOtv website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. This website may collect personally identifiable information about you by methods such as the following:
• Registration Forms – If you are offered the opportunity to enter a promotion, to become a registered user of MIMOtv.tv, or to opt-in to receive MIMOtv information through MIMOtv.tv or another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, and/or a unique individual password.
• Transactions and Activity – If you become a registered user or if you conduct transactions through this website, we will collect information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit and content that you view, download or submit.
• Email and other voluntary communications – You may also choose to communicate with us through email, via our website, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.
Non-Personally Identifiable Information When you visit the MIMOtv website, like when you visit most other websites, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet, the date and time you access the site, the pages you access while at the MIMOtv website, and the internet address of the website, if any, from which you linked directly to the MIMOtv site. This information is not personally identifiable.
MIMOtv may use the personally identifiable information collected through its website primarily for such purposes as:
• helping to establish and verify the identity of users; • opening, maintaining, administering and servicing users' accounts or memberships; • processing, servicing or enforcing any transactions and sending related communications; • providing services and support to users; • improving the website, including tailoring it to users' preferences; • providing users with content, product or service updates, promotional notices and offers, and other information about MIMOtv; • responding to your questions inquiries, comments and instructions; • maintaining the security and integrity of its systems.
MIMOtv uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. MIMOtv may also use aggregated anonymous information to provide information about its website to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.
DISCLOSURE OF INFORMATION
Other than promotion of videos and the information given in and around those videos, MIMOtv does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. MIMOtv may use unaffiliated companies to help it maintain and operate its website or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. MIMOtv may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.
"COOKIES" AND ADVERTISERS
The MIMOtv website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalize your experience. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.
Most web browser applications (such as Microsoft Internet Explorer and Netscape Navigator) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.
In order to provide service to you, we may send you communications related to your transactions, security or the administration of its website. From time to time, MIMOtv and its affiliates may also wish to send you other messages or updates about our website, MIMOtv, our affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from MIMOtv and its affiliates, please send an email containing your request via our Contact Us page.
MIMOtv reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, MIMOtv will post a notice on its homepage and a link to the new policy.