1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE
(collectively, including all content available through the MicroV.net
website and all websites owned by MICROV TECHNOLOGIES, Inc., henceforth referred to as
“MICROV TECHNOLOGIES, Website”
or “Website”) YOU, THE USER (collectively any and all individuals or
entities that access this site via any medium known and henceforth
unknown, referred to as “User” or “you”), SIGNIFY YOU ASSENT TO THESE
TERMS AND CONDITIONS (the “Terms of Use”) AND THE TERMS AND CONDITIONS
OF MICROV TECHNOLOGIES, ’S PRIVACY POLICY WHICH IS PUBLISHED AT
http://www.MicroV.net/Pages/PrivacyPolicy.htm, WHICH ARE INCORPORATED
HEREIN BY REFERENCE.
If you do not agree to these terms and conditions
as described herein, do not use the MICROV TECHNOLOGIES, website.
2. CHANGES TO THE TERMS OF USE
MICROV TECHNOLOGIES, Inc. (also referred to as
“We”) reserves the rights to change or modify these Terms of Use at
anytime without any kind of prior notification. You can review the most current version of these terms by
clicking on the "Terms of Use" hypertext link located at the bottom of
our web pages. You are
responsible for checking these terms periodically for changes. If you
continue to use MicroV.net after we post changes to these Terms of Use,
you are signifying your acceptance of the new terms.
3. MICROV TECHNOLOGIES, Website
These Terms of Service apply to all users of the
MICROV TECHNOLOGIES, website. The Website may contain links to third
party websites that are not owned or controlled by MICROV TECHNOLOGIES,
Inc. We have no control over, and assume no responsibility for, the
content, privacy policies, or practices of any third party websites. In
addition, we will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve MICROV
TECHNOLOGIES, Inc. from any and all liability arising from your use of
any third-party website. Accordingly, we encourage you to be aware when you leave the MICROV
TECHNOLOGIES, Website and to read the terms and conditions and privacy
policy of each website that you visit.
4. Website Access
A) MICROV TECHNOLOGIES, Inc. hereby grants you
permission to use the Website as set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute
any part of the Website in any medium to any party other than the party
under whose account the data was purchased without MICROV TECHNOLOGIES, Inc.'s prior written
authorization; (iii) you will not alter or modify any part of the
Website other than as may be reasonably necessary to use the Website for
its intended purpose; and (iv) you will otherwise comply with the terms
and conditions of these Terms of Service.
B) In order to access some features of the
Website, you will have to create an account. You may never use another users’ account without 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 MICROV TECHNOLOGIES, Inc. immediately of any
breach of security or unauthorized use of your account. We will not be liable for your losses caused by any unauthorized
use of your account. However, you may be liable for the losses of MICROV TECHNOLOGIES, Inc.
or any other entity due to such unauthorized use.
C) You agree not to use or launch any automated
system currently known or henceforth unknown, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the MICROV
TECHNOLOGIES, website servers in a given period of time than a human can
reasonably produce in the same period by using a convention on-line web
browser. Notwithstanding
the foregoing, MICROV TECHNOLOGIES, grants the operators of public
search engines limited 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. We reserve 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. You agree not to
solicit, for commercial purposes, any users of the Website with respect
to any and all user generated content, including without limitation
“ratings,” “comments,” etc.
5. Intellectual Property Rights
The content on the MICROV TECHNOLOGIES, Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to MICROV
TECHNOLOGIES, Inc., are subject
to copyright and other intellectual property rights under United States
and foreign laws and international conventions. Content on the Website is provided to you AS IS for your
information and 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. We reserve all rights not expressly granted in and to the Website
and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with
security related features of the MICROV TECHNOLOGIES, Website or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the MICROV TECHNOLOGIES, Website or the
Content therein.
6. Digital Rights Management
MICROV TECHNOLOGIES, Inc. reserves the right to
install and use Digital Rights Management (DRM) software in all Website
content, including downloadable videos. DRM software may limit the number of times Content may be
accessed, the length of time the Content remains on a User’s personal
computer, the number of devices on which a User may install content, and
may prevent content from being installed and/or played on certain
devices.
At this time, MICROV TECHNOLOGIES, Inc. has not
installed any DRM software on any Content. If and when DRM software is installed, the effects and
limitations of said software will be described in this section.
7. User Submissions
A) The MICROV TECHNOLOGIES, Website may now or in the future
permit the submission of user-generated content including, but not
limited to, written text, videos, etc. submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You
understand that whether or not such User Submissions are published,
MICROV TECHNOLOGIES, does not guarantee any confidentiality with respect
to any submissions.
B) You shall be solely responsible for your own
User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize MICROV TECHNOLOGIES, Inc. to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to
any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. To clarify, you
retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MICROV
TECHNOLOGIES, Inc., you hereby
grant MICROV TECHNOLOGIES, Inc.
a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Submissions in connection with
the MICROV TECHNOLOGIES, Website
and MICROV TECHNOLOGIES, Inc.’s(and
its successor's) business, including without limitation for promoting
and redistributing part or all of the MICROV TECHNOLOGIES, Website (and derivative works
thereof) in any media formats and through any media channels. You also
hereby grant each user of the MICROV TECHNOLOGIES, Website a non-exclusive license
to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The foregoing license granted by you terminates once you remove
or delete a User Submission from the MICROV TECHNOLOGIES, Website.
C) In connection with User Submissions, you
further agree that you will not: (i) publish falsehoods or
misrepresentations that could damage MICROV TECHNOLOGIES, Inc. or any third party; (ii)
submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise
inappropriate; (iv) post advertisements or solicitations of business:
(v) impersonate another person. MICROV TECHNOLOGIES, Inc. does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and MICROV
TECHNOLOGIES, Inc. expressly disclaims any and all liability in
connection with User Submissions. MICROV TECHNOLOGIES, Inc. does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and MICROV TECHNOLOGIES, Inc. will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. MICROV
TECHNOLOGIES, Inc. reserves the right to remove Content and User
Submissions without prior notice. MICROV TECHNOLOGIES Inc. will also terminate the User's access to
its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from
the Website more than twice. MICROV TECHNOLOGIES, Inc. also reserves the right to decide
whether Content or a User Submission is appropriate and complies with
these Terms of Use for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. MICROV TECHNOLOGIES, Inc. may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
D) You understand that when using the Website, you
will be exposed to User Submissions from a variety of sources, and that
MICROV TECHNOLOGIES, Inc. is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against MICROV TECHNOLOGIES, Inc. with respect thereto, and
agree to indemnify and hold MICROV TECHNOLOGIES, Inc., its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
F. MICROV TECHNOLOGIES, Inc. may permit you to link
to materials on the Website for personal, non-commercial purposes only.
In addition, MICROV TECHNOLOGIES, Inc.
provides an "Embeddable Player" feature, which you may incorporate into
your own personal, non-commercial websites for use in accessing the
materials on the Website, provided that you include a prominent link
back to the MICROV TECHNOLOGIES, website
on the pages containing the Embeddable Player. We reserve the right to
discontinue any aspect of the Website at any time.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MICROV TECHNOLOGIES,
WEBSITE SHALL BE AT YOUR SOLE RISK. We provide MicroV.net “as is”, “with all faults” and “as
available.” We and our
suppliers make no express warranties or guarantees about the MICROV
TECHNOLOGIES, Website. TO
THE FULLEST EXTENT PERMITTED BY LAW, MICROV TECHNOLOGIES, INC. AND OUR AFFILIATES DISCLAIM
WARRANTIES, EXPRESS AND IMPLIED, THAT MICROV TECHNOLOGIES, Inc. AND ALL CONTENT AND
SERVICES DISTRIBUTED THROUGH THE WEBSITE ARE MERCHANTABLE, OF
SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE WEBSITE OR
WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE,
WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF MICROV.NET, INCLUDING ANY SUPPORT SERVICES, WILL BE
EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AGAINST OR 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 THE WEBSITE,
(III) ANY UNAUTHORIZED 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, TROJAN HORSES, 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 MICROV TECHNOLOGIES, WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND MICROV TECHNOLOGIES, Inc. 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.
9. Limitation of Liability
IN NO EVENT SHALL MICROV TECHNOLOGIES, Inc., IT’S EMPLOYEES OR AGENTS,
IT’S RELATED OR AFFILIATED ENTITIES (AND THEIR SUCCESORS, ASSIGNS AND
LICENSEES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR PUNANTIVE
TDAMAGE WHATSOEVER RESULTING FROM i) MISTAKES, ERRORS, OR INACCURACIES
OF CONTENT ON THE WEBSITE, ii) PERSONAL INJURY OR DAMAGE TO PROPERTY
RESULTING FROM USE OF THE WEBSITE, iii) ANY UNAUTHORIZED ACCESS TO OR
COMPROMISE OF PERSONAL INFORMATION OR FINANCIAL INFORMATION USER ENTERS
INTO WEBSITE, iv) ANY INTERUPTION OF DATA TRANSMISSION TO AND FROM THE
WEBSITE, v) ANY COMPUTER VIRUSES OR MALICIOUS SOFTWARE THAT MAY BE
TRASMITTED BY A THIRD PARTY THROUGH THIS WEBSITE, AND/OR vi) ANY ERRORS
OR OMISSIONS IN ANY CONTENT THAT MAY HAVE OCCURRED DUE TO TRANSMISSION
OF CONTENT THROUGH ANY AND ALL MEDIA CURRENTLY KNOWN OR HENCEFORTH
UNKNOWN TO ANY PARTY WHETHER OR NOT THE PARTY IS ADVICED AND/OR AWARE OF
THE POSSIBLITIES OF DAMAGE. THESE LIMITATIONS OF LIABILITY ARE HELD IN RESERVE TO THE FULLEST EXTENT
OF THE LAW IN ANY APPLICABLE JURISDICTION.
The MICROV TECHNOLOGIES, website is offered by
MICROV TECHNOLOGIES, Inc. from
its facilities in the
United States of America
. We make no representations that the website is appropriate and/or
available in any other countries currently known and henceforth unknown. Users from jurisdictions other then the
United States of America
are responsible for compiling with any and all local laws.
10. Indemnity.
You agree to indemnify and hold harmless MICROV
TECHNOLOGIES, Inc. and any of MICROV TECHNOLOGIES, Inc.’s affiliated
companies, employees, representatives and contractors against any and
all liability, claim, action, damage and loss of any kind arising from
and associated with use of the Website.
11. Ability to Accept Terms of Service
By using this website, you affirm that you are
greater than 18 years of age, an emancipated minor, or have permission
from parent or legal guardian to use the Website and you are fully
competent and capable to enter into the agreements outlined in these
Terms of Use. If this is
not the case, do not use this website.
This Website is not intended for users less than 13
years of age. If you are
less then 13 and/or less then 18 and do not have the necessary
permission to use the Website, you may not use this website.
Some portions of this Website are intended only for
those 21 years old or older, as noted on the appropriate page.
12. Assignment
The Terms of Service and/or your User Account may
not be transferred to any other User under any conditions.
13. General
Users recognize that MICROV TECHNOLOGIES, Inc. is based in
New York
State
and that all legal matters involving the Website will be undertaken in
and in accordance with the laws of the State of
New York
. Any claim or dispute directed MICROV TECHNOLOGIES, Inc. will be
filed in a competent court in the jurisdiction of
New York City
,
New York
.
The Terms of Use and the Privacy Policy constitute
the entirety of the agreement between you and MICROV TECHNOLOGIES, Inc. Any previous agreements, whether spoken or written, that
conflicts with this document are henceforth null and void. User may make NO changes to this agreement in any form at any
time.
If any particular portion on the Terms of Use
and/or the Privacy Policy are found invalid in a competent court of law,
all other portions of these agreements will remain valid independent of
the portions in question. Also, if any portion of these agreements is found invalid in a competent
court of law, the agreement in totality will remain valid regardless of
the validity of the portion(s) in question.
User ignorance of these Terms of Use do not
invalidate the User’s responsibilities laid out herein. Nor does MICROV TECHNOLOGIES, Inc.’s failure to assert the Terms
of Use invalidate the User’s responsibilities laid out herein.
You agree that any cause of action related to the
Website will be addressed within a period of one (1) year; a period that
begins with the first calendar date of onset of cause of action. If a cause of action related to the Website is not addressed
within this time period, cause of action is permanently barred from
being acted upon greater then one (1) year after onset or in the future.
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