Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
1. MINORS.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
2. PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.
3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
4. 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 or 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.
5. 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, video editing/processing fees, monthly or annual service plan fees, custom programming fees, and any other fees associated with the implementation of Overweb3D service.
All payments are due in advance of service and payments must be made electronically using an authorized credit card. We do not accept checks as a method of payment. No bills or invoices will be sent by postal mail or fax. Payment is due monthly or annually (the "cycle") following the date the account was established. Recurring monthly or annual charges will continue until you cancel your Overweb3D account.
You may cancel at anytime, but as a strict policy, we do not offer credits or refunds for Overweb3D service already expended or for any unused video impressions remaining. If you decide to cancel after payment is received, you will not receive a refund. If you have prepaid for twelve months, no prorated refund will be provided.
If you have questions, comments or concerns about your Overweb3D service, you must contact us by electronic mail within 60 days of payment. AFTER 60 DAYS ALL PAYMENTS ARE FINAL, NO EXCEPTIONS.
If cancellation is done by NuMedia Ventures, Inc. due to violation of these Terms of Service, there will be no refund of any remaining time for the current billing cycle. All notices of suspended or cancellation of services will be sent by electronic mail. All monetary transactions are in US dollars. Additional features can be added at any time. Monthly/annual service and custom feature prices are not prorated and NuMedia Ventures, Inc. reserves the right to change prices at any time. You acknowledge and understand that any and all charges and costs incurred in the production of video content and implementation of the of the Overweb3D service are your sole responsibility and not the responsibility of any mother third party.
6. Proprietary Technology and Intellectual Property.
You acknowledge and understand that NuMedia Ventures, Inc., in addition to providing the production, editing, processing and conversion of the video content, will also utilize a proprietary technology to allow the video to be viewed over your web page or other interface (the "Overweb3D Technology"). The Overweb3D Technology which allows for the presentation of your video content overlaying your website is, and shall remain, the sole and exclusive property of the inventors of the Overweb3D Technology which has been licensed to NuMedia Ventures, Inc. Nothing contained in these Terms of Use shall be construed as conveying, transferring or licensing any ownership interest or use of this Overweb3D Technology other than as provided by NuMedia Ventures, Inc. The video produced by NuMedia Ventures, Inc. (or other independent third party) at your request and for your account shall be your property. The modifications made to the video content and the proprietary code created which allows for the implementation and deployment of said content using the Overweb3D Technology shall be the sole and exclusive property of NuMedia Ventures, Inc.
7. Account Cancellation.
You may cancel your Overweb3D service at anytime. To cancel your account, please contact Support at support@overweb3d.net. Notification of cancellation must be received at least five business days prior to the end of your billing cycle date in order to avoid charges for the next cycle. It is the client's 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 your credit card will continue to be charged for each cycle. 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.
8. Absence of Warranty.
By your acceptance of these Terms and Conditions you understand and agree that you agree to use all NuMedia Ventures, Inc. products, services and features at your own risk. NU MEDIA VENTURES, INC. DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
9. Indemnification Policy.
In no event shall NuMedia Ventures, Inc. be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees to defend, indemnify, save and hold NuMedia Ventures, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, consultant fees incidental to all demands, liabilities, losses, costs and claims 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 are incidental thereto, or any product or service sold by customer, it's agents, affiliates, employees or assigns, or are incidental thereto. Without limiting the generality of the foregoing, 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 NuMedia Ventures, Inc. products or services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) any alleged or actual copyright infringement resulting from the use of the audio, video graphical or textual content provided by the Customer or developed at the request and direction of the Customer. and
(4) any defective products sold by Customer using NuMedia Ventures, Inc. products or services.
10. Content 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. 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 prohibition includes, but is not limited to, (i) copyrighted material, (ii) trademark, (iii) misappropriation of intellectual property, (iv) material we judge to be threatening or obscene, (v) or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless NuMedia Ventures, Inc. and to defend, indemnify, save and hold NuMedia Ventures, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, consultant fees incidental to all demands, liabilities, losses, costs and claims asserted against NuMedia Ventures, Inc., its agents, affiliates, its customers, officers and employees, that may arise or result from a the commission of the foregoing prohibited conduct.
Pornography and sexually-related material, 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 files deleted without warning. No refund, even for pre-paid service, is given in this case.
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. servers 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 from within your Client Control Panel.
11. 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.
NuMedia Ventures, Inc. will be the sole arbiter as to what constitutes a violation of these Policies.
12. MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to info@overweb3d.net, and providing us with information relating to your concern.
13. LICENSEE STATUS.
You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
14. CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to info@overweb3d.net.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to info@overweb3d.net,or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
15. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
16. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to info@overweb3d.net so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
17. INDEMNIFICATION.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
18. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website.
You agree that the laws of Illinois govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Lake County, Illinois, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
19. SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
20. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to info@overweb3d.net, and providing us with information relating to your concern.
21. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
These terms and conditions were last updated on 10-15-2009.
ALL CUSTOMERS MUST ACKNOWLEDGE THAT THEY HAVE READ AND ACCEPT THE TERMS AND CONDITIONS BY CLICKING THE “I ACCEPT” CHECK BOX BEFORE CONTINUING TO THE NEXT PAGE. BY CLICKING THE “I ACCEPT” CHECK BOX YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Portions Copyright © 2008 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at http://www.overweb3d.net. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.