ViewOn.tv

Terms of use

These terms of use govern your use of ViewOn. They form a legally binding contract between you and ViewOn. You should ensure you read these terms of use carefully before accepting (and by accepting you will be deemed to have done so). "ViewOn","we" or "us" means ViewOn company.

RESPONSIBLE USE

The ViewOn Software and Service are designed for, and intended for, lawful use only. They are neither designed nor intended for, nor are you permitted to use them in any way for, any illegal use including but not limited to:

• Sharing of files which are protected by copyright or other intellectual property or which include personal data about individuals rights without the express authorisation to do so from the rights owner(s); or
• Sharing of files which contain anything illegal (such as anything libellous or obscene or anything encouraging acts of terrorism).

You can be personally prosecuted for unlawful file sharing and may be criminally liable. By way of example, music and video files are generally protected by copyright and rights owners have, in the US and elsewhere, successfully sued file sharers, and it is an offence even to make available for sharing a file ViewOn IS NOT RESPONSIBLE FOR THE FILES YOU SHARE

NO ENDORSEMENT You may not do anything which would suggest that the content of any shared files express the views of ViewOn or that they have been examined, endorsed or approved by ViewOn and nor may you do anything which would suggest ViewOn endorses or approves any use of ViewOn for illegal purposes.

TERMINATION RIGHTS ViewOn reserves the right to suspend or terminate your use of the Service and Software immediately without notice in the event you breach any part of this Agreement. YOUR PERSONAL INFORMATION ViewOn may share your personal information where required to do so by law and may disclose it in connection with any investigation into criminal activity. SECURITY We cannot guarantee that use of the Service is secure and you should only share files after considering the security risks of transmitting their content via the Internet or other means of connection between the computers sharing the files. CONSUMER RIGHTS Your statutory rights as a consumer are not affected and this Agreement will only apply to you to the maximum extent permitted by applicable law.

Terms and Conditions

1. Definitions

In these terms and conditions the following terms shall have the meanings allocated to them:

"Activation" means when you accept these terms of use and begin using the Service;

"Agreement" means these terms of use, the Software End User Licence Agreement and the Privacy Policy;

“Permission” means access to folders and files by other ViewOn users as set by using the Software;

"Privacy Policy" means the privacy policy governing our use of the personal information that we collect from you in connection with the Service and set out on our website at http://www.ufo-z.com/Privacy/index.aspx

"Registration Details" means the personal information you provide on registration for the Service and which may be subsequently changed or amended by you or on your behalf;

"Service" means the ViewOn service that permits you access to virtual private networks (“VPNs”) within ViewOn allowing you access to files of other ViewOn users to the extent they have given you Permission and allowing them access to your files to the extent you have given them Permission;

"Software" means the ViewOn client software which you download and install on your computer, and which is required to use the Service;

"Software End User Licence Agreement" means the licence agreement you need to accept in order to use the Software;

“Term” means the Minimum Period and then any and each Additional Period; and

"you/your" means the User as specified in the Registration Details.

2. The Software and the Service

1. Registering with ViewOn and using the Software gives you access to the Service, subject to this Agreement, using a computer of appropriate specification. We cannot guarantee that use of the Service is secure and you should only share files after considering the security risks of transmitting their content via the Internet or other means of connection between the computers sharing the files.

2. The Software is free. The Service is either free or subject to the Changes.

3. The Service will be provided by or on behalf of ViewOn with reasonable skill and care and in accordance with the provisions of this Agreement.

4. You agree that all terms, conditions, guarantees and warranties not set out in this Agreement (including but not limited to any such warranties or conditions as to satisfactory quality or fitness for a particular purpose) are expressly excluded to the maximum extent permitted by law. If you are using the Software as a consumer then your consumer rights are not affected.

5. You acknowledge and agree that all intellectual property rights in the Software and the Service are vested and shall remain vested in ViewOn , and/or its designated licensors and agents as appropriate. You shall have a limited licence to use the Software for the sole purpose of accessing the Service during the period in which you are entitled to do so under this Agreement.

6. Where, in accordance with the Privacy Policy, ViewOn promotes goods or Service from third parties to you from time to time, ViewOn shall not be responsible for such goods or Service.

7. We may modify the Service or the Software at any time, in order to comply with any applicable changes in law.

8. Where any files shared pass through our servers: (a) they will only do so as a transient and incidental part of the Service, and at your request; and (b) ViewOn will play the role of a mere conduit only.

3. Personal Information and Cookies

1. The Registration Details that you provide shall be true, accurate and complete. You agree to inform ViewOn of any changes to your Registration Details immediately through the Software. If you are not the same person as the person who pays the Charges, then you warrant that you have informed and have obtained from the bill payer the necessary consents and permissions for registering or changing account payment details and to allow ViewOn to process such details. If you provide any information that is untrue, inaccurate, not current or incomplete, or ViewOn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ViewOn has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

2. ViewOn will respect your personal information and shall comply with all applicable US, UK and EU Data Protection legislation. By signing up for the Service you consent to our using and/or disclosing your personal data as set out in the Privacy Policy, subject to any preferences you set on the registration form in which you have provided Registration Details.

3. ViewOn reserves the right to access and disclose your personal information to the extent required by law and may disclose it in connection with any investigation into criminal activity.

4. In order to provide you with the Service, uses cookies. The way we use these, and how you can deactivate them, is explained in the Privacy Policy.

4. Service Levels and Outages

1. You acknowledge that ViewOn cannot warrant that neither the Service or the Software will be interruption free or guarantee that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) ViewOn shall use reasonable endeavours to give you as much notice as reasonably possible.

2. You acknowledge that it is technically impracticable to provide the Service free from errors and ViewOn does not undertake to do so. ViewOn shall provide customer support to enable faults to be reported and resolved but does not warrant that any or all faults will be corrected.

3. The obligations of ViewOn to provide the Service shall be conditional upon your computer having satisfied the minimum system requirements.

4. You acknowledge that due to the use of the Internet, the speed of the Service may be reduced or may not be available at times.

5. You acknowledge that the Permissions you set using the Service may be deleted at any time through no fault of ViewOn. You further acknowledge that allowing Permission to a folder gives the permitted user access to all files within that folder. ViewOn is not responsible for any files shared in error, or any confidential information mistakenly disclosed by you while using the Service.

5. Your Obligations

1. You agree that as part of your wish to receive the Service, some minor modifications may need to be made to your computer to allow the Software to operate properly. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty you may have concerning your computer. ViewOn shall incur no liability for any claim that your warranty has been invalidated (if applicable) as a result of work carried out by you, ViewOn or its agents in order to make your computer operate with the Software.

2. You will need both a user name and a password in order to access the Service and you will be responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary to prevent such use. All use of your user name and password will be deemed to be use by you (save where you have previously told us in writing of any suspected unauthorised use and we have not changed the password).

3. Without prejudice to the Responsible Use requirements set out at the top of these terms of use, you shall not use the Software or the Service: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent purpose or effect; (b) for sharing files (whether music files, video files or other) which you do not have full authority to share from the relevant rights owner(s); (c) for sharing files which include data from which it is possible to identify any person without the consent of that person; (d) in connection with the carrying out of a fraud or criminal offence against ViewOn and/or its agents or any other party; (e) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights; (f) to send or procure the sending of any unsolicited advertising or promotional material; (g) to encourage terrorism; or (h) in a way that does not comply with any instructions ViewOn or its agents has given.

4. You will indemnify ViewOn and its agents against any claims or legal proceedings that are brought or threatened against ViewOn and/or its agents (as applicable) by a third party resulting from your breach of Clause 5.3 or of any provision set out on the front page of these terms of use.

5. You will immediately notify of any circumstances that arise that you are aware of and which may lead to any claims or proceedings referred to in Clause 5.4.

6. You will use the Software only in accordance with the Software End User Licence Agreement.

6. Fair Bandwidth Use

1. In order to optimise service to all Users, ViewOn has can adopte a fair usage policy regarding bandwidth per Users. Because the Service operates on shared resources, excessive bandwidth by one customer may have a negative impact on other customers.

2. By default, you are entitled to unlimited bandwidth, this means that you are allowed to share an unlimited amount of data as long as this does not impact server or network resources (i.e., unless you are transferring over 80Gb per month (that`s an average of over 2.6Gb per day), which is unlikely to happen. The cap acts as a control mechanism which enables us to monitor and control abuse of our resources. As a result, going over the 80GB does NOT necessarily mean your account will be suspended.

3. If you exceed the fair usage bandwidth in any month during the Term, ViewOn will send you a warning. If you continue to engage in activities that cause you to exceed the fair bandwidth usage in that month despite the warning, ViewOn may (in its sole discretion) terminate your access to the Service at any time for the remainder of the Term, and you will not be entitled to a refund for any portion of the Charges.

7. Limitation of Liability

1. We do not limit or exclude our liability for death or personal injury caused by negligence, under Part I of the Consumer Protection Act 1987 or for fraudulent misrepresentation. This Clause 10.1 shall prevail over any other Clause of this Agreement in the case of inconsistency.

2. You expressly acknowledge and agree that ViewOn shall not be liable in relation to any loss of or corruption to data or files, any unauthorized access to or alteration of data, any loss of profits, business, opportunity, goodwill, reputation, revenue, savings, use, or other intangible losses, or for any indirect, incidental, special, consequential or exemplary damages you suffer as a result of using the Service or Software, even if ViewOn has been advised or ought to be aware of the possibility of such loss or damages.

3. Any claim or cause of action arising out of or related to the use of the Software or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, enjoined and estopped from any recourse whatsoever against .

4. The liability of in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to 125% of the annual Charges

5. ViewOn or its partners warrants the physical media (i.e. CD-Rom) and the physical documentation, if purchased as a retail product, to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If notified within this warranty period and if such notification is determined to be correct, ViewOn or its partners will, at its sole discretion, repair or replace the media or documentation affected. This limited liability is void if the damaged or defect has resulted from accident, abuse or misapplication.

8. Term and Termination

1. We may terminate this Agreement at any time in the event , where it is no longer reasonably and commercially practicable (and economical) for us to continue providing the Service or the Software due to operation of law.

2. We may terminate this Agreement at any time in the event you breach any of its terms.

3. Termination of this Agreement will mean you will no longer be entitled to use the Software or the Service.

9. Force Majeure

1. If either party is not able to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees), change in law, or acts of local or central Government or other competent authorities or events beyond the reasonable control of its suppliers, the party will have no liability to the other for that failure to perform.

2. If any of the events detailed in Clause 11.1 continue for more than one month either party may serve notice on the other terminating this Agreement.

10. Variation

ViewOn reserves the right to vary the terms of this Agreement or the Service or the Software at any time. The latest version of this Agreement will be available on our website and you should make sure that you check for any changes on a regular basis. For Paid Users, where the changes made significantly prejudice the benefit to you of the Service or the Software you will be entitled to notify us that you no longer wish to use them and will be entitled to a refund of any Charges paid by you for any unused Term.

11. Severability

Each provision of this Agreement operates separately. If any part is held by a court to be unlawful, invalid, unenforceable, unreasonable or inapplicable, the other provisions of this Agreement shall continue to apply.

12. Miscellaneous

1. The Agreement shall be governed by and construed in accordance with EU Law and the parties hereby agree to submit to the exclusive jurisdiction of the EU Courts in respect of any dispute or matter arising out of or in connection with the Agreement.

2. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, communications and agreements (oral or written). This Clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement that was induced by fraud for which the remedies available shall be all those available under the law.

3. Termination or expiry of this Agreement shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect.

4. Any notice or other communication to be given under the Agreement must be in writing to the other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at the party to be served last known address. Any notice or document shall be deemed received if delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.

5. This Agreement shall not be assigned, sub-contracted, sub-licensed or otherwise disposed of by you. ViewOn reserves the right to assign, sub-contract or otherwise transfer its obligations to provide the Service.

6. A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

7. The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

8. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only and shall not alter the terms of the Agreement as stated in English.