By using Matrox.tv you hereby agree to the Terms and Conditions stipulated in this legal disclaimer.
1. DESCRIPTION OF SERVICE
This Matrox Video Streaming Site ("Site") is a free service provided to you by Matrox Electronic Systems ("Matrox"), which is subject to the terms and conditions of this Agreement. It may also be subject to other proprietary notices and copyright information found on this website, the terms of which must also be observed and followed. By submitting or posting any information, videos, comments, opinions, statements, services, offers, data, files, links, ideas, software, images or any other form of content or information (altogether referred to as Content or by visiting the Site, you acknowledge and agree to the terms and conditions outlined below. Matrox provides an on-demand streaming video solution by providing an easy-to-use application for Members to submit video clips for Web broadcast. Matrox manages the storage of and access to its Members video clips. Matrox offers the necessary services Members need to stream their videos including: encoding, hosting, storage, and delivery (collectively, the "Services" or "Service"). This service is provided currently at no charge with certain limitations on the Member`s account including but not limited to storage space, bytes streamed, and the number of videos hosted.
2. MEMBER REGISTRATION
To use the Matrox.tv services, Member must be a Matrox Video Registered User. The registration form can be found at: http://www.matrox.com/videoweb/register/register.htm. You must own a Matrox Video product to register. Member agrees to provide accurate and complete information. Member will create a user name and password. Member understands that it is Member's responsibility to safeguard the Account and that Member is fully responsible for all activities that occur using the Account. Member agrees to immediately notify Matrox of any unauthorized use.
3. MEMBER VIDEOS
Member represents that all videos published online by Member through Matrox will be original, and will not violate the copyright, trademark, trade secret, patent, right of publicity, right of privacy or other rights of third parties. Member further agrees that Member will not publish online through Matrox any videos that are unsuitable. Unsuitable videos include or comprise, without limitation, the following:
Promotion of violence. Promotion of sexually explicit materials. Promotion of discrimination of any kind. Promotion of illegal activities. Violate any intellectual property rights. Materials which MATROX, at its sole discretion, deems offensive. Member further agrees that Member will not publish online through Matrox any videos that will be used for commercial purposes. 4. PUBLIC VIEWING
Member acknowledges and understands that videos submitted to Public by Member are intended by Member for public viewing. Videos posted to the Public section of the Matrox may be viewed by any other person having access to the Internet.
5. REMOVAL OF VIDEOS
In the event Membership is revoked, Matrox may, at its sole discretion, delete and/or remove from Matrox servers all videos previously submitted by Member to be hosted on a Matrox server and published on the Internet through Matrox. Further, Matrox may conduct random checks of videos at regular intervals and/or in response to complaints by viewers to determine whether they comply with our Acceptable Use Policy. Matrox reserves the right to remove and delete any video submitted by Member that, in Matrox's sole discretion, do not comply. Members should report any suspected instances of Matrox's misuse to customer service.
6. CHANGES TO TERMS OF SERVICE
Matrox reserves the right to change Terms of Service at its sole discretion and at any time, and Member must comply with such changes. Member will be notified of such changes by email at the email address provided by Member. Such notifications may also appear on the Matrox Web site. Members who violate the Terms of Service may have their membership revoked.
7. TERMINATION
Matrox, at its sole discretion, may terminate any Member's Account or use of the Service for any reason, including, without limitation, violation of this Agreement. Further, you acknowledge that Matrox, at its sole discretion and at any time, may modify or discontinue the Service, temporarily or permanently, with or without notice. You further agree that Matrox shall not be liable for any termination of Service.
8. NO LIABILITY FOR CONTENT
8.1. Matrox is not responsible for Content. Any form of Content expressed or made available to visitors of the Site are those of the respective author(s) or distributor(s) and not of Matrox. Matrox neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content.
8.2. Under no circumstances will Matrox be liable for any loss or damage caused by reliance on any Content found in the Site. It is the responsibility of any Site visitor to evaluate the accuracy, completeness or usefulness of any Content available through the Site. Please seek professional advice, as appropriate, regarding the evaluation of any such specific Content.
8.3. Matrox does not endorse, warrant or guarantee any product or service offered by a third party through the Site and will not be a party to or in any way monitor any transaction between Site visitors and providers of Content.
8.4. Matrox makes no warranty that the Site will meet your requirements, or that it will be uninterrupted, timely, secure, or error free; nor does Matrox make any warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site.
9. MONITORING
Matrox shall have the right, but not the obligation, to monitor and/or pre-screen the Content of the Site to determine compliance with this Agreement and any other rules established by Matrox. Matrox shall have the right in its sole discretion to edit, or remove any Content submitted to or posted on the Site. Without limiting the foregoing, Matrox shall have the right to remove any material that Matrox, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right of Matrox, the Content provider shall remain solely responsible for their Content posted to the Site and you acknowledge and agree that Matrox shall not assume nor have any liability for any action or inaction by Matrox with respect to any conduct, communication or posting in the Site or any of its Content.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. MATROX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You understand and agree that any Content downloaded or otherwise obtained ("download") through the use of the Site is at your own discretion and risk. There are inherent dangers in the use or downloading of Content, and Matrox cautions you to ensure that you completely understand the potential risks before downloading or using any of the Content. You are solely responsible for providing adequate protection and backup of your data, computer system and any other equipment, and Matrox will not be liable for any damages whatsoever in connection with the download or use of such Content.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, MATROX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SOFTWARE OR DATA OR OTHER INTANGIBLE PROPERTIES, EVEN IF MATROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION E APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MATROX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SITE USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Matrox, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, attorneys' fees, arising out of your use of the SITE. You've just uploaded your 120-second video clip, encoded at 200 Kbps (25 KB/sec). The file size is around 3 MB (120 sec x 25 KB = 3MB). This video file can be viewed approximately 333 times in a month (1GB/3MB = 333 times). Note that this is just an approximation, as header, control, and other overhead data transfers have not been taken into consideration in the example.
13. INTELLECTUAL PROPERTY
13.1. You agree that you will transmit to and through the Site only Content that is not subject to any copyright, trade secret or other intellectual property rights of others ("Rights"), or Content in which any holder of such Rights has given you express authorization for distribution through the Site. The burden of determining that any Content is not protected by copyright or other Rights rests with You. You shall be solely liable for any damages resulting from any infringement of copyrights, or other Rights, or any other harm resulting from uploading, posting or submission of Content to the Site.
13.2. By submitting Content to the Site, you automatically grant, or warrant that the owner of such Content has granted Matrox a royalty-free, perpetual, irrevocable, non-exclusive right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such content.
14. PROTECTION OF PASSWORD
In cases where you have allowed any other individual to access the Site through your password or have negligently made your password publicly available, you recognize that you are fully responsible for:
(i) the online conduct of such users;
(ii) controlling the users' access to and use of the Site; and
(iii) the consequences of any misuse.
15. GENERAL
15.1. Matrox reserves the right to terminate the Site at any time and to alter the nature of this service or the terms of this Agreement at any time, without notice. Please refer to this Agreement from time to time for any updates Matrox may make to this Agreement.
15.2. This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, excluding conflicts of law principles. The courts of the Province of Quebec, District of Montreal, shall have the exclusive jurisdiction over any dispute directly or indirectly relating to this Agreement. The prevailing party in any action arising out of this Agreement shall be entitled to recover all reasonable costs, including attorney's fees. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
15.3. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
