- UNMEE.tv Terms of Use -
UNMEE INC. TERMS OF USE (September, 2009)
Thank you for visiting UNMEE Inc.'s World Wide Web site (the "Site"). These Terms and Conditions of Use ("Terms of Use") and Privacy Policy, below, govern your use of the Site. You may wish to print this page for reference. Limited use of the Site is offered to you by UNMEE subject to, and conditioned upon your acceptance of, the Terms of Use and Privacy Policy. By using this Site, or subscribing to any channel or channel bundle offered through this Site, you are accepting the Terms of Use and Privacy Policy as may be modified from time to time by posting at this Site. Your continued use of the service now, or following the posting of notice of any changes to the Terms of Use, will constitute a binding acceptance by you of this agreement, or any subsequent modifications of this agreement. Throughout the Terms of Use and Privacy Policy, references to "we," "us" and "our" as well as "UNMEE" refers to UNMEE Inc.
1. LICENSES
1.1 License to Use the Site. UNMEE grants you a non-exclusive, non-sublicensable, non-transferable, limited right to access and use this Site, and view the channel(s) subscribed to by you by way of one (1) computer (or other applicable device) owned or controlled by you, connected to the Site over the Internet at any given time and in strict conformity with these Terms of Use. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site. Any other use or exploitation of this Site, including the content on the Site (the "Site Content") and the software used by UNMEE to provide the Site (the "Site Code"), is strictly prohibited.
1.2 License for Channel(s) to which You Subscribe. Subject to you making timely payments as required hereunder, UNMEE grants you a nonexclusive, nontransferable, limited right to view and use the particular channel(s) to which you have subscribed. Payment for particular channel or channel bundle subscriptions on UNMEE is made on a month-to-month, quarterly or yearly basis, as one or more such payment options are made available by UNMEE and as selected by you. You will automatically be charged the regularly recurring subscriber fee until you cancel your subscription (which you may do at any time) or until your subscription is cancelled by UNMEE. If you purchase a subscription to access a particular channel/channel bundle and cancel at any time during that subscription active period, UNMEE will not refund any of your subscription charges for that particular period. UNMEE has provided free demonstration video streams to test your ability to receive video streams from UNMEE. It is required that you test these free demonstration video streams before subscribing to any UNMEE video channels. While you may cancel your subscription(s) at any time, UNMEE will not provide any refund to users for reasons related in any way to their users' ability to receive a satisfactory video stream from UNMEE. UNMEE may also provide users with non-recurring content which will be paid for on a one-time basis and no recurring monthly charges will apply.
1.3 Copyright. The Site Content and Site Code are owned by UNMEE and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright 2009 UNMEE Inc. All Rights Reserved. Unless expressly permitted elsewhere in the Site by UNMEE, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.4 Trademark. UNMEE, UNMEE.com, UNMEE Sports, UNMEESports, UNMEEMedia, UNMEERadio, UNMEE Inc.com and UNMEEMovies, UNMEEPPV, UNMEEShopping are trademarks and service marks belonging to UNMEE Inc. (the "UNMEE Marks"). Any product, service, or trade name other than those owned by UNMEE that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the UNMEE Marks is strictly prohibited.
1.5 Non-Commercial/Personal Use Limitation. UNMEE grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Site Content, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
1.6 License Restrictions Notwithstanding anything in this Agreement to the contrary, you agree that you will not:
(a) operate or utilize the Site Content in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;
(b) operate or utilize the Site Content, programming, services and features contained on or through the Site if this license has been terminated by UNMEE;
(c) operate or utilize the Site Content, programming, services and features contained on or through the Site, in a manner that violates the Terms of Use or Privacy Policy;
(d) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site Content or programming transmitted, processed or stored by UNMEE or other users of the Site;
(e) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to monitor, distort, delete, damage or disassemble the Site or its ability to communicate and function with other computers running the Site Content;
(f) attempt to defeat or overcome any encryption and/or other technical protection methods implemented by UNMEE with respect to the Site and/or Site Content or programming transmitted, processed or stored by UNMEE or other users of the Site;
(g) interfere with or in any manner compromise any of UNMEE's security measures; or
(h) alter, modify, delete, or otherwise interfere with or in any manner compromise any Site Content programming, advertising, services and/or features contained on or through the Site, including, without limitation, the advertising and/or content delivery and display functionality.
1.7 Reservation of Rights. Any rights not expressly granted by UNMEE herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, except as expressly permitted in these Terms of Use.

2. USE OF THE SITE, GENERAL TERMS
2.1 Free Content. Certain video channels shall be made available for viewing on the Site from time to time free of charge at the sole discretion of UNMEE. These free Site Content viewing services are sometimes referred to herein as the "Free Services". The Free Services are made available free of charge to users ("Free Users") in return for registering with UNMEE by providing their email address. We reserve the right to send electronic mail to Free Users from time to time to inform them of site updates, product offers and promotions. The email address will never be shared with 3rd parties. If Free Users wish to stop receiving such communications from us they must use the "unsubscribe" link displayed on the emails, but they will no longer be able to access free Site Content once they unsubscribe.
Third party advertising may be displayed within or adjacent to the channels being viewed on the Site. You understand and agree that such advertising displayed may include content-targeted advertisements or other related information.
2.2 Fee-Based Content. Subject to 2.1 certain Video channels on the Site are available for a fee ("Fee-Based Services") and include Subscription Fee Services and One Time Fee Services.
(a) Fee-Based Content available on a monthly, quarterly or yearly subscriber fee basis (that is, you must pay a monthly, quarterly or yearly fee to access these video channels) are sometimes referred to herein as the "Subscription Fee Services". Payment of a monthly, quarterly or yearly subscription fee entitles you to watch the applicable channel during the applicable period.
(b) Fee-Based Content also includes Pay per View ("PPV") and Video on Demand ("VoD") assets which are provided on a one time payment basis without any recurring fees ("One Time Fee Services").
c) We reserve the right to send electronic mail to Fee-Based Content users from time to time to inform them of site updates, product offers and promotions. The email address will never be shared with third parties. If users wish to stop receiving such communications from us they can email support@UNMEE.com to request that their email address be removed from future communications or may use the "unsubscribe" link displayed on the emails and their address will be removed from future communications.
d) Third party advertising may be displayed within or adjacent to the channels being viewed on the Site. You understand and agree that such advertising displayed may include content-targeted advertisements or other related information.
2.3 Interchanging Services. UNMEE may interchange channels between Free Content and Fee-Based Content at its sole discretion for any reason and without notice at any time. In the event a channel is moved from a Fee-Based Service to Free Service, no subscription fees paid for said Fee-Based Content are refundable to you. You understand and agree that your only remedy in this case is to cancel the service as further described in 5.7 below.
2.4 You agree to pay, using any valid payment method accepted by UNMEE, the pay-per-view and/or subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account, credit card or otherwise, in order to access these services. UNMEE reserves the right to increase or decrease fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. UNMEE will automatically charge your account, credit card or otherwise, for renewal of your monthly, quarterly, semi-annually, and yearly site subscription. The renewal charge will be the same as the prior period's charge, unless you are otherwise notified in advance as provided herein. In the event UNMEE cannot charge your card account, we reserve the right to terminate your access to the Fee-Based Services and you agree to arrange for payment of amounts outstanding.
2.5 In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all fees and expenses necessary for you to connect to the public internet such as telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services and the Free Services.
2.6 Nature of Services. UNMEE offers its Site services for entertainment purposes only. UNMEE does not warrant the truth or validity of the information contained on its Site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, UNMEE is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND SITE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
2.7 Nature of Content. UNMEE offers video content of various types including, but not limited to, sports, news, drama, etc. UNMEE does not warrant that all content is appropriate for all age viewers. Minors are forbidden from accessing this Site without parental permission and supervision.
2.8 Username/Password. UNMEE may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You, and not UNMEE, shall be responsible for any fees or other liabilities incurred in the event that your password is shared with or otherwise misappropriated by a third party except where such misappropriation is through the fault of UNMEE.
2.9 Advertising/Purchases. UNMEE may display advertising and other information within the interface of the Site and/or in connection with the display of Site Content and programming, in all cases without compensation to you. UNMEE serves advertisements within or adjacent to the Site Content and programming delivered to you by UNMEE. You understand and agree that UNMEE may include content-targeted advertisements or other related information, as further described in the UNMEE Privacy Policy. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
2.10Third Party Links. The links provided through the Site are provided as a courtesy only, and the sites they link to are not under the control of UNMEE in any manner whatsoever. Therefore, UNMEE is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. UNMEE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by UNMEE of any linked site and/or any of its content therein.

3 TERMS RELATING TO SUBSCRIPTION OFFERINGS
3.1Terms relating to Subscription Offerings.
3.2 Our subscription offerings are available at different price points and we reserve the right to change those rates at any time. The price will always be clearly marked on the subscription page for the channel and clearly identified when you enter your credit card information.
3.3 Only payment methods approved by UNMEE, including a valid credit card (VISA, MasterCard, and AMEX) issued to you are required to pay for the subscription offerings. The subscription fee will be charged only when you comply with the payment requirements including, but not limited to submission of the payment and/or credit card information, as the case may be, to us.
3.4 Once you subscribe to a particular video channel(s), you're not limited to watching it on one computer. You are limited to watching it on one computer at one time but can do so from multiple computers. We do, however, reserve the right to change that policy at any time and from time to time.
3.5 Terms relating to Our Subscription Service.
(a) In order to subscribe to our subscription service you will need to enter your credit card information. However, and this is important, WE WILL BILL YOUR CREDIT CARD FOR THE SUBSCRIPTION FEE EACH AND EVERY MONTHLY, QUARTERLY,OR YEARLY PAYMENT PERIOD (AS APPLICABLE DEPENDING ON THE SUBSCRIPTION PERIOD YOU ELECTED WHEN FIRST SUBSCRIBING TO SUCH CHANNEL OR CHANNEL BUNDLE, OR THE NEXT SHORTEST PERIOD IF THE PERIOD YOU SELECTED IS NO LONGER OFFERED) THEREAFTER UNTIL YOU TELL US TO STOP (or until we decide to stop, whichever comes first). That way, you have continuous access to the video channel(s) that you have subscribed to. If you decide at some point that you want to cancel your subscription, which you can do at any time, just log in to the Site, click on "My Profile" and then Channels and change your subscription status to Cancel Subscription and follow any further directions. Please note that once you cancel your subscription, it will not actually expire until your next billing cycle. And, UNMEE will not provide you with a refund for the current period. So, what this means is, once we have charged you for a month, quarter, half-year or year, you have paid for that month, quarter, half-year or year (and have access to the subscription for that period, even if you cancel prior to the end of such period). Of course, once you cancel, you can re-subscribe at any time.
(b) Once you subscribe to our Fee Based Services, we will bill your credit card on the same date of each subsequent month, quarter or year, as applicable (the "Anniversary Date"). For example, if you subscribe on January 14 on a monthly basis, we will bill your credit card on January 14 and again on February 14 and again on March 14 and so on. If the date on which you subscribed does not exist in certain future months/years (for instance, if you subscribe on January 31, what happens in February and April?), we will bill your credit card on the closest available day. So, in the above example, we would bill your credit card not on February 31 but on March 1 and, not on April 31 but on May 1. Should you elect to cancel your subscription and then re-subscribe at a later date, that later date will be your new Anniversary Date. Occasionally, UNMEE will provide a customer with free days to access his or her subscription. In this circumstance, your billing date may change.
3.6 Terms Relating to Refunds. UNMEE does not provide refunds on subscription fees already paid. It is strongly recommended that you utilize the free test channels on UNMEE to assess the quality of your viewer experience before subscribing to any video channels on UNMEE. Further, no refunds shall be credited, as further described in 2.3, in cases where a Fee-Based Service is offered as a Free Service during the subscription term.

4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. UNMEE does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to UNMEE will not be stolen or otherwise surreptitiously obtained. UNMEE is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Site Content. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, UNMEE expressly disclaims any liability arising out of such harm, danger or damage. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER UNMEE NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES UNMEE, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED OR AVAILABLE AT ALL TIMES. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNMEE AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
4.3 NEITHER UNMEE, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING ANY DISCLAIMERS PROVIDED HEREIN, UNMEE'S TOTAL LIABILITY TO YOU, WHETHER BROUGHT IN A MATTER UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES PROVIDED IN THE MONTH GIVING RISE TO SUCH LIABILITY.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF UNMEE, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Termination. In addition to any other rights of the parties set forth herein, either you or UNMEE may cancel or terminate this agreement at any time in accordance with the subscription help instructions. UNMEE also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services and/or the Free Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this agreement. If UNMEE terminates this agreement based on a breach of any portion of this agreement, UNMEE reserves the right to refuse to provide a subscription or any Fee-Based Services and/or the Free Services to you in the future.

5. GENERAL TERMS.
5.1 Notices. Notices by UNMEE to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to: Info@UNMEE.com
(ii) Mail and courier deliveries must be sent to:
UNMEE.tv
468 N. Camden Drive
Suite 200
Beverly Hills, CA 90210
Office: 310.860.7555
Fax: 310.862.4079
info@unmee.tv
www.unmee.tv
5.2 Governing Law/Forum Selection. These Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts in Toronto, Ontario in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to, these Terms of Use or this Site.
5.3 Full Integration. These Terms of Use constitute the entire agreement between you and UNMEE related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and UNMEE relating to this Site.
5.4 Written Agreement. These Terms of Use constitute a written agreement between you and UNMEE. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
5.5 Compliance with Laws. UNMEE makes no representation or warranty that the Site or Site Content is legal, appropriate or available for use in all geographic locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
5.6 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signatures.
5.7 Modifications. UNMEE has the right to modify this agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of UNMEE in providing the Site, including without limitation (i) any change in the Site Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, or (iii) interchanging between Fee-Based Services and Free Services, is to cancel your subscription in accordance with the subscription help instructions. UNMEE has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services and/or the Free Services. UNMEE may also impose limits on certain features and services or restrict your access to parts or all of the UNMEE Site without notice or liability.
5.8 Warranties and Representations of User. You hereby represent and warrant that you possess the legal right and ability to enter into this Agreement and comply with its terms.
5.9 The parties hereto have expressly required that this agreement and all deeds, documents and notice relating thereto be drafted in the English Language.
THANK YOU FOR VISITING UNMEE.
EFFECTIVE DATE: September 10, 2009