1. ACCEPTANCE OF THE TERMS OF USE
Welcome to “TVNima.com” (hereinafter “the Site”), a service provided by Dassault Systèmes SA (hereinafter “DS”).
By visiting the pages of the Site, by using the Site and the services provided through the Site, by launching TVNima, by creating TvShows in 3D, by uploading them on video social networks and by submitting your TvShows to Dassault Systèmes, you agree to be bound by the following terms and conditions of use ("Terms of Use").
If you do not agree with any of these Terms of Use, please do not use the Site.
You represent that you are at least 18 years of age, that You have the legal right to accept these Terms of Use and are not barred from receiving services under the laws of any applicable jurisdiction.
2. DESCRIPTION OF THE SERVICE
The Site is intended to enable Internet users to create, view, and share their own TV Show in 3D (the "Service"). The Site is open to all internet users who connect to the Site and use Our Service (hereinafter, the "Users"). The Site enables (i) Users to create their own TVShow in 3D using notably TVNima Software and to upload the TVShow created on a video social network, (ii) Users to submit their TVShow to Dassault Systèmes which will reference the best realization on the Site (hereinafter, the "Contributors").
You acknowledge that Dassault Systèmes doesn't provide hosting services for the TvShows created by the Users of the Site. You may upload your TvShows on any video social network of your choice and according to the terms of use of such a video social network.
You are responsible for obtaining access to the Service. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the Service.
3. USE OF THE SERVICE
You agree to not use the Service for any purpose that is unlawful or prohibited by these Terms of Use and notably:
(a) To interfere with or disrupt the Site, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(b) To interfere with any other party's use and enjoyment of all or part of the Service;
(c) To attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any of Our servers or to any of the Service, through hacking, password mining or any other means;
(d) To modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
(e) To obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
(f) In any manner that could damage, disable, overburden, or impair any of Our servers, or the network(s) connected to any of Our servers;
(g) To violate in any manner any applicable laws.
4. PROPRIETARY RIGHTS OF DASSAULT SYSTEMES
You acknowledge and agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You acknowledge that you will keep the TVNima.com watermark on the final result of the TVShow that you will record.
All materials and contents of the Site, including without limitation, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Dassault Systèmes, and are subject to copyright and other intellectual property rights under all applicable laws.
All rights not expressly granted to You in these Terms of Use are reserved.
Subject to article “License to Use TVNima Softtware” hereunder, none of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission.
You may not make any derivative use of this Site or its contents.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent.
You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.
We grant You a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with Our prior express written consent.
You are permitted to print and download extracts from the Site for Your own personal use on the following basis:
(a) No documents or related graphics on the Site are modified in any way;
(b) No graphics on the Site are used separately from the corresponding text; and
(c) Our copyright and trademark notices and this permission notice appear in all copies.
For the avoidance of doubt, this clause does not permit any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited.
Any unauthorized use terminates the permission or license granted by Us.
5. LICENCE TO USE TVNIMA SOFTWARE
Dassault Systèmes grants You, without consideration, a personal, non-transferable and non-exclusive right and license to use the TVNima Software, available on the Site, for the sole purpose to create a 3D TvShow by temporarily storing TVNima Software on one (1) single computer.
Without limiting the foregoing, copying and reproduction of the TVNima Software to any other Server or location for further reproduction or redistribution is expressly prohibited.
6. THIRD PARTY CONTENT OR SOFTWARE
You acknowledge that you may use to create your 3D TvShow some content or software (e.g: Fraps) that is protected by third party copyrights, authors'rights, or trademark rights.
You agree to defend, indemnify and hold Dassault Systèmes harmless from and against any claim arising from any third party relating to any content or software. This defense and indemnification shall survive the Terms of Use and Your use of the Site.
7. SUBMITTING YOUR TVSHOW
You acknowledge that Dassault Systèmes doesn't provide hosting services for the TvShows created by the Users of the Site.
Whether you upload your TvShows on any video social network of your choice or post them solely on Your private pages, Dassault Systèmes won't be responsible for the Content you create, upload and post on other websites.
If you choose to submit the TVShow you created to Dassault Systèmes, You hereby grant to Dassault Systèmes a right to reference your TVShow on the Site in order to promote it.
8. LINKS TO THIRD PARTY WEBSITES
We have no control over any of the third party websites to which the Site has links nor do We contribute in any manner to these third party websites and We assume no responsibility for the contents of any third party websites to which the Site has links.
These links are provided solely as a convenience to You. If You use these links, You will leave the Site. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party websites linked to the Site, You do so entirely at Your own risk.
9. LINKING TO THE SITE
If You would like to link to the Site, You may only do so with Our prior written approval and on the basis that You link to, but do not replicate, the home page of the Site and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of Our logos;
(b) You do not create a frame or any other browser or border environment around the Site;
(c) You do not in any way imply We are endorsing any products or services other than Our own products and services;
(d) You do not misrepresent Your relationship with Us nor present any other false information about Us;
(e) You do not otherwise use any of Our trademarks displayed on the Site without Our prior express written permission;
(f) You do not link from a website that is not owned by You; and
(g) Your website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause.
10. MODIFICATION OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DS shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
We also reserve the right to modify the Terms of Use from time to time. If You have submitted a TvShow to Us, you will receive an email requesting that You read and accept the new version of the Terms of Use. If You choose to use the Site, You signify that You have accepted the new version of the Terms of Use, which will apply to your use of the Site as of the date of the Terms of Use modification.
You agree to review the most current version of the Terms of Use, available at http://www.tvnima.com/terms_of_use.html.
11. WARRANTIES
You expressly understand and agree that:
1. Your use of the Site and the Service is at your sole risk.
2. DS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, in particular of hidden defects, conformity and non-infringement and make no warranty that (i) the Service will meet your requirements; (ii) the Site, including Software, Uploader Software and Service will be efficient, accurate, uninterrupted, timely, secure, error-free or available; (iii) the information, data, Content, and materials that may be obtained from the Service will be accurate or reliable; and (iv) any errors in the Software will be corrected;
3. You will be solely responsible for any damage to your computer system or other equipment or loss of data that results from the download of any such Content.
12. LIMITATION OF LIABILITY
You expressly understand and agree that DS, its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect damages, of whatever nature whatsoever, including, but not limited to, loss of profits, goodwill, use, data, Content, Content misplacement or accidental deletion, or other intangible losses, even if DS has been advised of the possibility of such damages, resulting from (i) Your ability and/or inability to access and/or use the Service; (ii) Your upload or inability to upload your Content; (iii) unauthorized access to, misplacement, deletion or alteration of your transmissions, data or Content; (iv) statements or conduct of any third party on the Service; (v) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site; (vi) any other matter relating to the Service.
13. TERMINATION
You agree that DS may, under certain circumstances, at its own discretion and with or without prior written notice, immediately terminate your access to the Service.
Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use; (b) requests by law enforcement or other government agencies; (c) a request by You; (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) Your engagement in fraudulent or illegal activities.
You agree that all terminations for cause shall be made in DS' sole discretion and that DS shall not be liable to You or any third party for any termination of your account, or access to the Service.
14. APPLICABLE LAW-JURISDICTION
The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the Site or the Service shall be brought before the exclusive jurisdiction of the competent Courts of France.
Date Last Modified
These Terms of Use were last modified on November 2nd, 2007
