Welcome to Mavshack!
Thank you for your interest in using Mavshack’s online products and services (“Services”).
We believe that our passion is innovative online media technology and the opportunity to be the market leader in a world of new exciting business ideas. We want to entertain you with movies, concerts, video clips, television shows and other content (“Content”) and provide you top of the class streaming service via our online subscription. You can use Mavshack Services via mavshack.com (“Site”) and via Facebook.
Mavshack group of companies consists of several legal entities, e.g. Mavshack AB (publ), Mavshack Movies AB, Mavhsack Development AB. (collectively, “Mavshack,” “we,” or “us”) with its headquarters in Stockholm, Sweden. Mavshack Services are provided by Mavshack AB or one of its affiliated companies.
In case you have any questions about Mavshack, please email us at email@example.com.
ACCEPTANCE OF THE TERMS OF SERVICE
You affirm that you have reached the age of legal competence or majority according to the applicable legislation and if you have not reached the age of legal competence or majority, you have acquired the prior consent of your parent or legal guardian to enter into this Agreement, and to abide by and comply with this Agreement.
Please read this Agreement carefully. You will be subject to the terms of this Agreement if you access or use, visit or browse our Services, or register for any of the Services. If you do not agree to these terms, you should not access or use the Services or register for Services as well as you should not use the Content, our Site and user interfaces. Please pay particular attention to the disclaimer of warranties, limitation of liability and your privacy provisions of this Agreement. Also, please report any violations of this Agreement to us at firstname.lastname@example.org.
In addition, we are cooperating with other parties who may have created their own terms of service and other legal conditions applicable to the usage of their services via or in cooperation with Mavshack (e.g. social media site Facebook). We strongly recommend you to read and comply with the terms of these respective parties prior starting to use their services. If you have any questions, concerns, complaints, or claims about these third party services, you should contact the support or contact personnel of this third party and not Mavshack, unless otherwise and explicitly indicated by us. We disclaim all liability arising from your use of the third party services.
USING MAVSHACK SERVICES
Services of Mavshack include collectively all products and services accessible, included but not limited, via our Site mavshack.com, our video and instant streaming services, the Content referred above, our video player for viewing the Content, features, tools, applications, materials, the software and other services available on Site or from us, and/or accessible via our distribution platforms including but not limited to our proprietary core service platforms, other Internet delivery methods and platforms or mobile devices, including our affiliate and distributor websites, whether via streaming, broadcast, transmission, display, software application, "widget", hardware devices, or otherwise, and other services offered by Mavshack in connection with our business.
Certain Mavshack Services are provided to you for a fee and certain free of charge. In case you are interested in accessing the Content, we may require payment by you. After creating the user account, you can choose two methods of payment for the Services: (i) monthly (reoccurring) subscription, or (ii) by using voucher or promotional code. The prices applicable to monthly subscription are always presented during the creation of your account on our Site.
For using Mavshack Services, you must at your own expense have the access to the Internet and a subscription for Mavshack Services as well as current valid accepted payment method as indicated during sign-up to use Mavshack Services. If necessary, you need to pay any service fees and telephone, mobile phone or other telecommunications charges (including but not limited to long-distance charges and wireless charges) associated with such access, and provide all equipment necessary to make such connection to the Internet and Mavshack Services, including a computer and a modem or mobile phone or other access device. Please check with your Internet provider and other service providers for information on possible Internet data usage charges and other applicable charges.
Mavshack is cooperating with numerous payment service providers (e.g. Braintree, Fortumo, PayPal, Citrus, Amazon Kindle, Apple’s in-app purchase via Mavshack iOS app) in respect of payments for Mavshack Services. You can read more about the payment service providers on their respective homepages.. In case you have chosen the monthly reoccurring subscription to our Services, we will continue billing your payment method on a monthly basis for your membership fee until you cancel your subscription or we terminate it. You may cancel your membership at any time however please note that there are no refunds available for partially used periods. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your payment method. We will bill the monthly membership fee to the payment method you provide to us during registration. Membership fees are fully earned upon payment. Please note that if you access the Site or the Services via a mobile device, you are responsible for any charges that you may incur from your carrier or other third party.
By starting your Mavshack membership, you are expressly agreeing that we are authorized to charge you a monthly (reoccurring) subscription fee at then current rate, and any other charges you may incur in connection with your use of Mavshack Services to the payment method you provided to us, including any applicable taxes in connection with your use of Mavshack Services. If not mentioned otherwise at the time of registration of your Mavshack account and in case you have bought monthly subscription, then the subscription fee will be billed at the beginning of your subscription and each month thereafter unless and until you cancel your membership. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for more details.
To get the most out of using our Services, you need an internet connected PC or MAC, with a minimum internet connection of 1.5 Mbit/s and with Adobe Flash player installed. You choose yourself where and when you want to watch the Content. You can watch the Content through your desktop, iOS and Android devices. Mavshack streams all content in flash and/or http-live streaming and neither of those techniques deliver or cache the original file. Nothing is stored on your device. This means that it is not possible to retrieve physically the original file that is used for streaming the Content. You can as well connect your PC/laptop or stream your device to your TV for an even greater experience. For the best results, use either an HDMI or VGA cable to connect your computer to your TV. Look at the rear or side of your laptop or PC and your TV to locate the video connectors. Mavshack is an online subscription service providing its users with access to the Content streaming over the Internet to respective devices. These devices are manufactured and sold by entities other than the Mavshack and therefore Mavshack cannot take the responsibility for these devices. In case you have more questions about how to use our Services, please email us at email@example.com.
You can find the specific details regarding your membership with Mavshack and usage of the Services at anytime by visiting the Site and reviewing “My Account”. You agree that your Mavshack user account is for individual use only and limited to only one simultaneous stream at a time. During and after creating your user account for using Mavshack Services, you agree not to disclose your password to others, and to notify us immediately if you believe its confidentiality has been compromised. You agree to log off your account at the end of each session, so that no one else can gain access to the Services or the Site through your account. We reserve the right to log off accounts that are inactive for an extended period of time. You are responsible for all use made of your account. You may not allow others to access or use the Services without our prior consent. Additionally, you agree that for various reasons, such as restrictions from the Content licensors and other limitations or considerations from third parties, certain Content may be accessible through some Services only.
In case your payment method expires and you do not edit your payment method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to pursue any amounts you fail to pay in connection with Mavshack Services. You will remain liable to Mavshack for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
You may cancel your Mavshack subscription at any time. Please note that Mavshack does not refund payments and there are no refunds or credits for partially used periods or unwatched Contents available. To terminate your subscription, please refer to our Site and follow the instructions provided under “My Account” page.
We reserve the right to display and promote the Content or other information through our Services, including our Site and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, some of our partners may offer you promotional memberships in conjunction with the provision of their own products and services on our Site or via our Services. We are not responsible for the products and services provided by such third parties.
We reserve the right to modify, change, terminate or otherwise amend our offered membership, the fees and charges in effect, or add new fees and charges from time to time. In case we will do the aforementioned, we will inform you in advance by sending you an email to the email address provided to us while creating your account in Mavshack. Please note that we will not be able to notify you of changes in any applicable taxes.
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, as well as make changes to the Site, the Services, and to the principles of how we operate our Site and Services, or any part thereof, with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services. Certain Services may be subject to limitations that are not expressly stated in this Agreement (e.g. limitations on access). Please check the other parts of this Site for additional details. Any added Services shall be subject to this Agreement unless explicitly stated otherwise. Some Services depend on the availability of third party networks and services. We assume no responsibility if our Site or a Service becomes unavailable for any reason or fails to meet your requirements, or if any Service provides inaccurate or untimely information. We are not responsible for any hardware or software or connection problems, malfunctions, disruptions, network connectivity suspensions, converting problems of the Content, etc. We are not responsible for loosing or deleting any Content. Any description of how our Services works should not be considered a representation or obligation with respect to how the Services will always work. We are constantly making adjustments to our Services and often these adjustments are not completely captured within this Agreement. You undertake to present no claims against us based on the aforementioned.
The availability of the Content to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You may instantly watch the Content through our Services only in geographic locations where we offer our Services and have licensed such Content. The Content that may be available to watch will vary by geographic location. Please be aware that Mavshack may use technologies to verify your geographic location. In addition to aforementioned and in response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be watched, or may cease to be available for watching instantly through our Services.
For providing you best Services, we from time to time test various aspects of our Site and Services, including user interfaces, service levels, plans, promotions, features, availability of the Content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
You may elect to share information about your use of the Mavshack Services, including what you watch, within Mavshack as well as on other social networks (e.g. Facebook).
We welcome your feedback about the Site, the Services, suggestions and the like, but we have no obligation to use them or to compensate or acknowledge you in any way if we do use them.
We have rights to use the Content as stipulated in the agreement concluded between us and respective Content provider for fulfilling our obligations stipulated, among others, in this Agreement in different countries and jurisdictions. You can read more about the rights related to the Content below.
YOUR PRIVACY AND SECURITY
Any site or service, including the Site and the Services, that allows or facilitates meeting and contacting other people obviously involves safety risks. We cannot be responsible for such risks. Please exercise appropriate caution when exchanging personal information or comments with other users.
In order to provide you with ease of access to your account and to help administer the Services, we implement technology that enables us to recognize you as the subscriber and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Services. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You agree to notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the Site or any of the Services; cooperate with law enforcement agencies investigating any unlawful behaviour involving your account, the Site, or any of the Services; avoid accessing or attempting to access the non-public areas of the Site or any other user's password-protected information; and maintain the security of your computer and the confidentiality of any passwords and security codes related to the Site and Services.
You and other users must use the Mavshack Services for lawful, non-commercial, and appropriate purposes only. You agree to comply with all laws, rules and regulations that apply to your use of this Site and Services. You also agree that you and any person with access to your account or password will not, directly or indirectly, in connection with or using the Site or the Services:
ü Use the Site or the Services if you have not reached the age of legal competence or majority according to the applicable legislation or if you have not reached the age of legal competence or majority, you have not acquired the prior consent of your parent or legal guardian.
ü Provide any false personal information.
ü Transfer your account to anyone else or create an account for anyone else without his or her permission.
ü Solicit login information or access an account belonging to someone else.
ü Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
ü Harm minors in any way.
ü Copy or download any Content on the Site or the Services unless we have provided a "Download" button or other mechanism explicitly authorizing you to download the Content, if applicable.
ü Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content in any manner not intended by the normal functionality of the Site or the Services or otherwise as prohibited under this Agreement.
ü Use the Site or the Services to advertise or promote services that are not expressly approved in advance in writing by Mavshack.
ü Circumvent, disable or otherwise interfere with security-related features of the Site or the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Services or any Content.
ü Remove, modifie, disable, block, obscure or otherwise impair any advertising in connection with the Site or the Services (including the Content);
ü Attempt to, or actually, breach the security of or test the firewalls or the vulnerability of, or interfere with or disrupt or interfere with any third party's use of, the Site or the Services or access an account that does not belong to you or send mass amounts of data or messages ("mail bombs") to any person or system, with the purpose or effect of impeding the functionality of, or disabling, the recipient system.
ü Use technology or other means to access, index, frame or link to the Site or the Services (including the Content) that is not authorized in writing by Mavshack (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Site or the Services);
ü Violate or breach this Agreement, violate any law, rule or regulation, or facilitate or encourage any third party to do so or use the Site or the Services in a manner that leads to a government complaint or any other complaint or investigation.
ü Abuse, harass, stalk, defame, impersonate, intimidate, humiliate, invade the privacy of, infringe the rights of (including intellectual property, trade secret, publicity, privacy, business, contractual and fiduciary rights) any third party or collect, store or submit personal data about any third party.
ü Interfere with the functioning or any other person’s enjoyment of the Site or the Services, or any other Web site or any computer, computer software, computer network, telecommunications facility, server, computer database, the Internet, the Site, the Service, or any other system or service owned or controlled by us or any third party.
ü Sell, use, transmit, create, upload, submit, develop, distribute, post, publish or display any Content: that we believe is abusive, libellous, obscene, hateful, harmful, threatening, harassing, malicious, discriminatory, misleading, unlawful, offensive, violent, illegal, obscene, pornographic, vulgar, defamatory, offensive, dangerous, tortuous, invasive of another's privacy or infringing of another's copyrights, trademarks, trade secret, rights of privacy or publicity or other rights, or otherwise inappropriate, or that contains nudity or is sexually explicit, or that constitutes or includes "junk mail", "spam", "pyramid schemes", get rich quick or sexual solicitations, chain letters or any unsolicited or unauthorized advertising; that violates this Agreement; or that is or contains, accesses or activates any computer virus, worm, spyware, malware, spam, spim, Trojan Horse or other computer code that intentionally manifests contaminating, destructive, harmful, unexpected, unknown or undesired properties.
ü Send unsolicited e-mail or messages (including, without limitation, commercial advertising and informational announcements) to any e-mail addresses or mobile phone numbers, if such messages could reasonably be expected or do in fact provoke complaints, or send numerous unsolicited e-mail or messages with petitions for signatures, or invitations to participate in a chain mail; or post messages, articles and other information on any receiver's group, forum, e-mail mailing list or other similar group or list which may be considered as spam. You undertake not use the Services or the Site for sending out any spam whatsoever.
ü Use our copyrights or trademarks without our written permission. See www.mavshack.com for a list of some of our trademarks. Use anyone else's copyrights or trademarks without their permission; violate the rights of others, including patent, trade secret, privacy, publicity, or other proprietary rights.
ü Use the Site or the Services for any commercial purposes if you have not separately concluded written agreement with us that explicitly states that you are allowed to do so.
ü Forge e-mail headers or other identifiers, impersonate another person or entity, or disguise any user name or the source or quantity of e-mail, video message or other transmissions; use any service as a mail or message drop for responses by others, or otherwise use the Site or the Services to facilitate activities by others that violate the intent of this Agreement; or relay e-mail without authority through any third-party system.
ü Impersonate others, including one of our employees or representatives as well as other users or other people who are not users.
ü Take any action that creates possible or actual legal or financial liability for us.
In addition to the list above, please note that you may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Mavshack in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Mavshack in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Mavshack in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation movies, concerts, video clips, television shows and other content as well as any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way to the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Mavshck in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Please note that the Services allow you and other third parties to post reviews or comments concerning the Content distributed by us, send or receive communications (such as email, chat, newsgroups and the like) and to store personalized settings for various options. We are not responsible for any delay, deletion, alteration or failure to deliver or store any such communications and settings. In addition, we may receive, process, and make available to you Content that we receive from others. In this regard, we are merely a passive conduit for such Content, although we reserve the right to block or remove any Content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, spamming, defamation, slander, libel, omissions, falsehoods, obscenity, violence, pornography or profanity on the Site or the Services. We will not have a duty to interpret or evaluate any Content transmitted to us or through our Site or Services, except to the limited extent, if any, set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission of any Content we receive. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party Content on our Site or Services, even if we have reason to know of its existence. Use of any Content you obtain from our Site or Services is at your own risk. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties through our Services are those of the respective authors or producers and not of Mavshack, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Mavshack, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through our Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through our Services.
If Mavshack determines in its sole discretion that you are violating this Agreement, we may notify you, and use technical measures to block or restrict your access or use of the Mavshack Site and Services. In either case, you agree to stop immediately accessing or using in any way (or attempting to access or use) the Mavshack Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
We may, with or without notice, terminate or suspend your use of this Site and Services, and/or your account, if you (or any person with access to your account or password) directly or indirectly violate this Agreement or its spirit, or for any other reason in our sole discretion. In addition, violation of this Agreement could result in civil or criminal liability. You agree to comply with the rules of the Services that you access or use in conjunction with this Site and/or the Services. We reserve the right, but shall have no obligation, to reject, move, or delete Content that we, in our sole discretion, believe violates this Agreement or good faith, or contain content, including viruses that may interfere with the operation of the Site. We assume no obligation for the actions of any user who violates this Agreement. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded Content, message boards, messages in any format, chat rooms or other forums or review Content, or messages posted at such locations, to confirm their compliance with this Agreement. We shall have the right, but not the obligation, to disclose Content and information provided to us to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect our rights, property, or personal safety, or those of third parties.
UPLOADED CONTENT, LINKED SITES, ADVERTISEMENTS, PURCHASES AND CONTESTS
From the Site and Services, you are able to access products and services, information and material (“Material”), which is sometimes provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such Material on such linked websites. You acknowledge and agree that: (i) you access such Material and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, Material on Site or Services and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, Material uploaded to Site or Services or goods or services offered on or advertising on or by any other website; (iv) by using the Site and the Services, you may be exposed to Material that is inaccurate, offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of Material, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or Material. You agree to hold us harmless in connection with all of the foregoing and waive any rights you may have against us in connection with the foregoing. In the jurisdictions where waiving such rights is not possible, you undertake not to present any claims against us based on the aforementioned.
The Site or the Services may permit you to purchase goods and services from various third-party online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The websites from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs because of such transactions or Merchants.
Contests on the Site or the Services are subject to their own specific rules in addition to this Agreement. Please refer to the applicable page(s) for each contest. By entering a contest, you agree to be bound by its rules and waive any objection to those rules.
FEES AND TAXES
If Site specifies that fees are applicable to your use of Services, then you agree to pay the fees we establish from time to time in connection with the Services. You may cancel your account and subscription at any time, if not stated otherwise in separate agreement concluded between you and us. We will not refund or pro-rate fees for cancellation, if not stated otherwise in separate agreement concluded between you and us. In the event of any fee increase, you may terminate your account prior to the date the increase becomes effective if you do not wish to pay the increased fee, if no other regulation is stipulated in the separate agreement concluded between you and us.
DISCLAIMER OF WARRANTIES
THE MAVSHACK SERVICES, INCLUDING OUR SITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MAVSHACK SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR OUR LICENSORS AND SERVICE PROVIDERS MAKE ANY GUARANTEE NOR REPRESENTATION AND WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING SITE, CONTENT, SYSTEM, SERVICES, USER INTERFACES, THEIR AVAILABILITY OR FUNCTIONALITY OR USE, THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THE SITE OR LINKED SITES, OR THE SUBJECT MATTER OF THIS AGREEMENT. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE AND SERVICES, FOR VIRUSES, OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. WE DO NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE AND THE SERVICES, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY US. YOU AGREE THAT MAVSHACK MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF OUR SERVICES, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON MAVSHACK OR ITS AFFILIATED PARTIES.
THIS IS AN AGREEMENT FOR THE PROVISION OF SERVICES. YOU AND WE DISCLAIM ANY APPLICABILITY OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF LIMITED WARRANTIES. THIS DISCLAIMER WILL NOT APPLY TO THE EXTENT THAT A WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN SUCH CASES, THE WARRANTY WILL BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
You may not be able to access our Site or Services for a number of reasons, such as, but not limited to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; laws or regulations; terrorism; labour strikes or difficulties; viruses created by third parties; communication system breakdowns; hardware or software failures; our inability to confirm your identity or your authority to act; changes that we make in our user access requirements; our inability to procure the supplies or materials needed to support this Site or the Services; or our inability to access third party networks, systems and services that we need to communicate with you or provide Services. We assume no responsibility if this Site or any Service cannot be provided, contains errors, or is delayed due to any of these events, or due to an incorrect e-mail address, mobile phone number or other contact information provided by you.
You agree to notify us promptly at Mavshack AB, Karlavägen 58, 5th Floor, 114 49 Stockholm, Sweden, Attn: Legal Affairs of any circumstance you believe may form the basis for a claim against us in connection with the Site, the Services or this Agreement.
IN NO EVENT SHALL MAVSHACK, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING CLAIMS FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR CONTENT, LOST USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. CERTAIN JURISDICTIONS MAY LIMIT OUR ABILITY TO DISCLAIM RESPONSIBILITY FOR THESE DAMAGES AND LIMIT OUR LIABILITY. THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT THAT A LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE FEES (IF ANY) IMPOSED IN CONNECTION WITH THE SITE AND THE SERVICES HAVE BEEN SET IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT AND YOUR AGREEMENT TO NOTIFY US PROMPTLY OF ANY PROBLEM.
Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our Site and Services. Please refer to them for applicable terms and conditions.
WE DO NOT GUARANTEE THAT THE SITE OR THE SERVICES WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND CONSULTANTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to indemnify, defend and hold us, our affiliates, parents and subsidiaries, our advertisers, vendors that assist us in providing the Services, and our respective directors, officers, employees, licensors and consultants harmless from and against any and all claims, actions, proceedings, liability, damages and costs (including attorney's fees) (collectively "Claim") related to or arising out of: (i) your use of this Site or any of the Services; (ii) the Content submitted to us; (iii) our reliance on instructions that are accompanied by your password or security code; (iv) your use of Content made available through this Site or the Services by third parties; (v) your breach of any representation, warranty or other provision of this Agreement; or (vi) your violation of any law or the rights of a third party. This paragraph will survive the termination or expiration of this Agreement. You agree to cooperate fully in the defence or settlement of any such claim and not to settle any Claim without our express written consent. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.
INTELLECTUAL PROPERTY RIGHTS
You agree that Mavshack owns and retains all rights to the Site and the Services. You further agree that the Content you access and view as part of the Site and the Services is owned or controlled by Mavshack and our licensors. The Site, the Services and the Content are protected by copyright, trademark, and other intellectual property laws. Mavshack grants you a non-exclusive, not sub-licensable and limited license to use the Mavshack Services, including accessing and viewing the Content on a streaming-only basis through our Site and Services, for personal, non-commercial purposes as set forth in this Agreement and if not agreed otherwise in the separate agreement concluded between you and us.
Our Intellectual Property
You are aware of the intellectual property rights belonging solely to us (incl. intellectual property rights related to software, databases, trademarks, logos, etc.) or our partners (e.g. Content providers) and you will not infringe nor allow others to infringe any of the aforementioned rights during the term of this Agreement and after termination of this Agreement.
You acknowledge and agree that the software and the Content used by us in the operation of this Site and provision of the Services, and the copyright, patent, trademark, trade secret and all other rights in and to the technology, software, the Content, designs, graphics, and trademarks included by us in this Site and as part of the Services (collectively, the "Intellectual Property"), are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Agreement or otherwise. You may use the Content found at the Site or provided by the Services only for your personal, non-commercial use. You agree to comply with the terms of any license agreement we make available to you with any software. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Mavshack reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Site and the Services through such software at any time, without prior or any notice. You may not distribute, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer any portion or element of, the use of or the access to the Site, the Services or the Intellectual Property. You may not create derivative works of any portion or element of the Site, the Services or the Intellectual Property, without our express written consent in each instance; reverse engineer, modify, decompile or disassemble any of the Intellectual Property; deactivate or disable any password protection or other protection, security or reliability technology we incorporate in the Site or the Services; modify or erase any copyright notice, trademark notice, instruction or other notice we place at the Site or the Services; engage in the practice known as "screen-scraping" or otherwise attempt to, or actually, obtain copies of the Content provided at the Site or a list of our Content or the Site users, or use computer programs (sometimes known as "scrapers", "spiders"‚ "robots" or "bots") to systematically access and download data; access the Services by any means other than via the Site if not agreed otherwise in this Agreement; frame the Site or the Services or any Intellectual Property; or use any circumvention tools, meta tags or any other "hidden text" utilizing our name, trademark, URL, product name or other Intellectual Property.
If you believe that anything on this Site infringes your rights under copyright, or your intellectual property rights have been otherwise violated, please contact us at Mavshack AB, Karlavägen 58, 5th Floor, 114 49 Stockholm, Sweden, Attn: Legal Affairs, or email firstname.lastname@example.org, and provide the following information: a description of the work or other intellectual property that you claim has been infringed; the location (URL or other description) of the infringing material on our Site or the name of person whose input or Content is in your opinion infringing your copyrights, the date of creation this material and description how this is infringing your copyrights; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury of the applicable laws, that the above information in your notice to us is accurate and that you are (or are authorized to act on behalf of) the copyright or intellectual property owner. Your notice to us must contain your physical signature or a legally-binding electronic signature.
We are free to use any information, comments, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to our Services, including our Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Services. Furthermore, by posting any abovementioned input on our Site, submitting it to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the input submitted in any media, software or technology of any kind now existing or developed in the future. Please note that Mavshack does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. In addition, it may be possible for you to present your opinion about the respective Content to us and other users of the Services, by submitting your comment, review or ranking of respective Content. When you have submitted the aforementioned input, we may display it to other users. By submitting an abovementioned input, you understand and agree that you are consenting to the release of all information provided in your input, including your rating of a Content, to a public forum, including other members of, and visitors to, the Mavshack Services. If you do not want your input to be shared in a public forum, do not submit your input to us.
We have the right to remove any Content from the Site or the Services at our discretion. However, we have no obligation to do so except as may be required by law.
We may modify, restrict or terminate the usage of the Site and the Services and this Agreement at any time without cause and without notice, for any or no reason whatsoever. We may immediately terminate or suspend your use of the Site and/or any Services and/or revoke your account if we have reason to believe that you or any user of your account is in violation of this Agreement or any of the terms and conditions set forth above or if you fail to pay fees, if any, when due. Following any termination or expiration, you will have no further right to access or use the Site or any Service, but the terms of this Agreement will continue to apply to any obligations incurred or arising prior to its termination. The following sections, among others, shall survive any termination of this Agreement: Your Compliance with Laws, Disclaimer of Warranties; Limitation of Liability; Indemnification; Our Intellectual Property; Time for Bringing Actions.
The data and other Content on the Site and the Services are not intended, and should not be relied upon, for trading purposes. Neither we nor our data providers guarantee the accuracy or completeness of any data displayed, nor shall any such party be liable in any way to the user of the data or to any other person for any delays, inaccuracies, errors in, or omission of any such data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby.
AMENDMENTS TO AGREEMENT
We may add to, delete from, or change the terms of this Agreement from time to time in our sole and absolute discretion. We may notify you of the changes by mail, email or by posting a modified Agreement on our Site. Your continued use of Site or any Service following such notification or posting will constitute your acceptance of the revised Agreement. Accordingly, please check the Site regularly for revisions to this Agreement. The most current version of this Agreement can be reviewed by visiting our Site and clicking on the Terms of Service located at the bottom of the pages of the Site. The most current version of the Terms of Service will supersede all previous versions. No obligation or warranty enforceable against us shall be created by any oral statement by any of our employees, members of the board and directors, or agents nor by any email from any of our employees or agents addressed specifically to you (as opposed to a general email from us explicitly notifying you and other users of a change in this Agreement). Any material amendment to this Agreement shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable. Please note that you cannot amend this Agreement unilaterally.
APPLICABLE LAW, JURISDICTION AND VENUE
The validity, construction, interpretation and legal effect of this Agreement will be governed by the laws of Kingdom of Sweden, without reference to its conflict of law provisions. This Agreement is deemed accepted, executed and performed in Sweden (if not stated otherwise by imperative applicable law). The Site and the Services shall be deemed solely based in Sweden; and (ii) the Site and the Services shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Sweden.
This Agreement provides that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement. Your rights will be determined by an arbitrator and not a judge or jury and your claims cannot be brought as a class action. Any dispute or claim arising out of or under or relating to or with respect to this Agreement (incl. breach, termination, invalidity, etc.) shall be finally settled by arbitration administered at Stockholm Chamber of Commerce. Where the amount in dispute exceeds 1000 Euros but not 100 000 Euros, the Arbitral Tribunal shall be composed of a sole arbitrator. Where the amount in dispute exceeds 100 000 Euros, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claimant's claims in the request for arbitration and any counterclaims in the respondent's reply to the request for arbitration. Unless the parties agree otherwise, the arbitration proceedings shall be conducted in Stockholm in the English language. The arbitration decision or award shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. We make no representation that the Content in this Site and the Services is/are appropriate or available for use in all locations. You agree to comply with any laws that apply to your access and use of this Site or the Services, including laws particular to your locality, state or country. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement constitutes the entire understanding and agreement between you and us with respect to the subject matter. Despite of the aforementioned, if any separate agreement is concluded between you and us, then latter shall prevail in case of any conflict between this Agreement and abovementioned agreement.
No Third Party Rights, Assignment
This Agreement is for the benefit of the parties and our third party Content, software and service providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf. No other person has any rights under this Agreement. You may not allow others to access or use Services without our prior written consent. You may not sell, assign or transfer your rights or obligations under this Agreement without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise, without prior notice.
You may send notices to us at Mavshack AB, Karlavägen 58, 5th Floor, 114 49 Stockholm, Sweden, Attn: Legal Affairs, or email email@example.com. We may send notices to you at your postal or e-mail address, or by posting a message to you, or to users generally, at our Site or via our Services.
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will continue in effect.
Any waiver of the provisions of this Agreement must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice or of the course of conduct between the parties. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Relationship of the Parties
This Agreement does not create any partnership, joint venture, employment or agency relationship, or any fiduciary relationship between us and you.
We are not liable for any delay in or failure of performance by us caused by any occurrence beyond the reasonable control of ours, including acts of God, natural causes, earthquake, flood, fire, events of force majeure, power or service outages, hardware, software, equipment, system, mechanical or telecommunications failures or errors, acts, omissions or failures of third parties, criminal acts, acts of so-called hackers or crackers, viruses, denial of service attacks, strikes, riots, labour disturbances, civil unrest, war and governmental restrictions.
Compliance with Law
Nothing in this Agreement shall prevent us from complying with the law or excuse you from complying with the law.
PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Effective July 14, 2014