100dimensions | Terms of Use

Introduction

Welcome to the 100dimensions website (“the Site”). Please read the following Terms of Use carefully before using this Site or downloading/using the 100dimensions software ("the Software"), or purchasing/using the 100dimensions Internet TV services ("the Services") or submitting/uploading content for broadcast, so that you are aware of your legal rights and obligations with respect to 100dimensions, a division of Mobile Satellite Services Corporation.

By using the Site, downloading/using the Software, purchasing/using the Services or submitting/uploading content, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses the Software on your computer also abides by the Terms of Use. 100dimensions has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site, the Software or the Services shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at 100dimensions. To better protect your rights we have provided the 100dimensions Privacy Policy to explain our privacy practices in detail.

Use of the 100dimensions Software

The 100dimensions software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site are the copyrighted work of 100dimensions. Use of the Software is governed by the terms of the End User License Agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an End User License Agreement unless you agree to the terms of such agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Video Submissions

Content providers may submit videos and other multi-media content to 100dimensions for distribution to end-users. By submitting videos or other multi-media content to 100dimensions, you signify your irrevocable acceptance of these Terms of Use.

Confidentiality: You understand that whether or not your submissions are accepted for distribution, 100dimensions does not guarantee any confidentiality with respect to any submissions.

Responsibility: You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. In connection with Content Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize 100dimensions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable Content distribution in the manner contemplated by the Website and these Terms of Use; (ii) you are at least 18 years of age if you are a natural person; (iii) all of the information provided by you to 100dimensions is correct and current.

Your Content: You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from their rightful owner to submit Content and to grant 100dimensions all of the license rights granted herein.

Use of Content: By submitting your Content to 100dimensions, you are authorizing 100dimensions to, and granting 100dimensions a worldwide, non-exclusive, royalty-free, non-transferable licence to store, compress, encrypt, reformat and distribute your Content to end-users via Internet. You can set the license expiration date at the time of the submission and/or revoke this license in writing with two-week prior notice.

Right of Refusal: 100dimensions may refuse to distribute the submitted content, in part or in whole. 100dimensions shall have no obligation whatsoever to return any materials delivered to it for distribution.

Ownership: you retain all of your ownership rights in your submitted Content. 100dimensions shall make a reasonable effort to protect your content against unauthorized copying during transmission and while stored temporarily on the user's computer. 100dimensions is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Content.

Link: 100dimensions shall display a link or links to the website you designate (subject to 100dimensions' approval) in connection with distribution of your content.

Copyright Infringement Notification

If you are a copyright owner or an agent thereof and believe that any Content distributed by 100dimensions infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing 100dimensions with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit 100dimensions to locate the material;
Information reasonably sufficient to permit the 100dimensions to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be sent to:

MSS

You acknowledge that if you fail to comply with all of the requirements of this Section (entitled "Copyright Violation Reporting"), your DMCA notice may not be valid.

Warranties and Disclaimers

The 100dimensions products and services, any copy protection and security features are provided "As Is" with no warranties whatsoever.

Contact Us

If you have any questions or suggestions regarding this Terms of Use, please contact us at

Last revised 21 January 2008.