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TERMS
AND CONDITIONS
Terms of Service
NuMedia Ventures, Inc. strives to provide the best possible service
to all our customers, but we will not tolerate any unlawful
activity or abuse on our servers and we retain the right
to accept of reject client provided video content that we
deem to be socially unacceptable. We respect freedom of
speech and expression unless it is potentially hurtful or
harmful to others. These brief guidelines are imposed to
protect you, other NuMedia Ventures, Inc. customers and us against
such harm.
Payment Policies, Fees, Refunds and
Terms of Agreement:
Full payment is required before any NuMedia Ventures, Inc. service
is rendered, which includes video production fees, monthly
service fees, custom programming fees, and any other fees
associated with the implimentation of Overweb3D service.
All payments are due in advance of service and notices of
suspended services will be sent by electronic mail. No bills
or invoices will be sent by postal mail or fax. Prepayment
is due each anniversary (every one month or every one year)
following the date the account was established. Recurring
Monthly billing will continue until you cancel your Overweb3D
account. You may cancel at anytime. As a policy, we do not
offer credits or refunds for Overweb3D service already expended
or for any unused impressions remaining. If you decide to
cancel after prepayment, you will not receive a refund for
the current months service (We do not give partial
months refunds). If you have prepaid for twelve months and
received an annual discount, upon cancellation we will figure
the refund retroactively withdrawing the discount back to
the start date of the contract. This will result in paying
full undiscounted price for the months used and refunding
the balance. This only applies to valid cancellation by
the client. If cancellation is done by NuMedia Ventures, Inc. due to
violation of these Terms and Conditions, there will be no
refund. All monetary transactions are in US dollars. Additional
features can be added at any time. Monthly service and custom
feature prices are not prorated. NuMedia Ventures, Inc. reserves the
right to change prices at any time.
Account Cancellation:
You may cancel your Overweb3D service at anytime. To cancel
your account, please contact Client Service at clientservices@overweb3d.net.
Notification of cancellation must be received at least five
business days prior to your cycle date, with the cycle date
being the day of the month you sign up, in order to avoid
charges in full for the next cycle. It is the clients responsibility
to secure email confirmation from NuMedia Ventures, Inc. that account
has been cancelled. If the client has not yet received email
confirmation of account cancellation, then the account remains
active, and you will continue to be invoiced. If Client
has a balance due at the time of cancellation, this balance
must be paid in full. Cancellation does not absolve Client
of any outstanding financial obligations.
Indemnification Policy:
You agree to use all NuMedia Ventures, Inc. products, services and
features at your own risk. NuMedia Ventures, Inc. specifically disclaims
all warranties of merchantability and fitness for a particular
purpose. In no event shall NuMedia Ventures, Inc. be liable for any
loss, or loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or
other damages. Customer agrees that it shall defend, indemnify,
save and hold NuMedia Ventures, Inc. harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorneys fees asserted against NuMedia Ventures, Inc., its agents,
affiliates, its customers, officers and employees, that
may arise or result from any service provided or performed
or agreed to be performed or any product or service sold
by customer, its agents, affiliates, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
NuMedia Ventures, Inc. against liabilities arising out of:
(1) any injury to person or property
caused by any products or services sold or otherwise distributed
in connection with Overweb3D products or services;
(2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights
of a third party;
(3) copyright infringement and
(4) any defective products sold to customer
using Overweb3D products or services.
NuMedia Ventures, Inc. shall be the sole judge
of what violates this Policy.
NuMedia Ventures, Inc. reserves the right to monitor
any and all content provided by client for use with the
Overweb3D service. You agree that Overweb3D is not considered
a "secure communications medium" and that no expectation
of privacy is afforded.
Content Policy:
All services provided by NuMedia Ventures, Inc. may be used for lawful
purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United
States Federal, State or City law is prohibited. This includes,
but is not limited to: copyrighted material, trademark,
intellectual property, material we judge to be threatening
or obscene, or material protected by trade secret and other
statute without proper authorization. The subscriber agrees
to indemnify and hold harmless NuMedia Ventures, Inc. from any claims
resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sexually-related services,
products, merchandising or content are strictly prohibited
on all NuMedia Ventures, Inc. servers. This includes content that may
infer sexual content, or links to adult content elsewhere.
NuMedia Ventures, Inc. will be the sole arbiter in determining violations
of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be damaging
to NuMedia Ventures, Inc. servers or any other server on the internet.
Links to such materials are also prohibited.
NuMedia Ventures, Inc. does not host content of
its competitors or content promoting sites of its competitors.
Any illegal activity, including adult
content, links to adult content web sites, spamming or hacking
will result in your Overweb3D content being shut down and
all your files deleted without warning. No refund, even
for pre-paid service, is given in this case.
NuMedia Ventures, Inc. will be the sole arbiter
as to what constitutes a violation of this provision.
We reserve the right to refuse service
to anyone for any reason not prohibited by law. Also we
reserve the right to terminate service to any customer for
any reason not prohibited by law.
Any deliberate attempt to cause damage
to NuMedia Ventures, Inc. or any other Internet servers will result
in immediate account deactivation without prior notice.
No refund, even for pre-paid service, is given in this case.
All Overweb3D service plans come with
a predetermined amount of video impressions. We monitor
all accounts and may bill your credit card for video impressions
that exceed your predetermined plan amount. You may be charged
for video impressions that you use beyond our Overweb3D
plan limits without prior notification. You can monitor
your impressions at anytime in your Client Control Panel.
Backups:
Full backups are made weekly, and backups of new/changed
data made daily. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. It
is the client's responsibility to maintain local copies
of their Overweb3D video content or any other information.
If loss of content occurs due to an error of NuMedia Ventures, Inc.,
we will attempt to recover the data for no charge to the
client.
NuMedia Ventures, Inc. reserves the right to amend
our Terms and Conditions at any time and without notice.
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