Terms and Conditions of Use

Viblix.com (or “Viblix”) is a web-site managed by 3 C Media Hub S.r.l. (3CMH). Viblix provides video content streaming and social networking services that enable the sharing of live and recorded video and audio content provided by our partners through the use of Viblix proprietary video player service and a dedicated streaming platform (any and all of the foregoing: the “Services”) and our websites accessible at htttp://www.viblix.com (collectively the “Site”). The Services include 3CMH’s proprietary embeddable video players (each a “Viblix Player”), the Viblix channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “Viblix Application”), and any other products and services offered by 3CMH through the Site and Services.

The below stated Terms of Service (the “Terms”) are legally binding agreement between the User, either an individual subscriber, visitor browsing the site, member or a user of at least 18 years of age (collectively “Users”) and 3CMH, regarding the use of the Viblix web site and/or services and networks owned or controlled by 3CMH, that allow for the distribution and reception of video, audio contents (the “Viblix Service”).

THE USER UNDERSTANDS THAT BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE OR SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR HIS/HER ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, AGREES TO BE BOUND BY THESE TERMS. IF THE USER DOES NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, HE/SHE MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT.
If the User agrees to these Terms on behalf of a legal entity, the User warrants that he/she has the authority to bind that legal entity to these Terms.

1. Eligibility and Registration.

In order to access certain features of the Site and Services, and to post User Submissions, the User will have to create a Viblix account and become a “Member”. To become a Member, the User must be at least 18 year old. If the User is not a Member, it is possible to browse all areas of the Site or use the parts of the Services that are not limited to Members only.
When a User registers, he/she will be asked to choose an username and a password. The User is responsible for safeguarding this password and agrees not to disclose it to any third party. The User agrees to be solely responsible for any activities or actions taken under his/her password, whether or not he/she has authorized such activities or actions. The User will immediately notify 3CMH of any unauthorized use of his/her password. The User agrees that all the information provided upon registration, and at all other times, will be true, accurate, current and complete. The User may not use false identities or impersonate any other person or use an username or password that he/she is not authorized to use. 3CMH reserves the right to require the User to change username for any reason at any time.
Becoming a Member, the User agrees the use of electronic records to store information related to these Terms and the use of the Site and Services by the User. 3CMH’s Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information received from Users.

2. Modification.

3CMH reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Services, or to modify these Terms, at any time and without advance notice. However, changes made to these Terms of Service will not apply to the User to the extent that (i) the changes concern matters which are the subject of an actual dispute between the User and 3CMH as of the date the changes take effect and (ii) 3CMH has actual notice of the dispute as of the date the changes take effect. If the Terms are modified, 3CMH will post the modification on the Site or within the Services or provide the User with a notice of the modification. If any modified terms and conditions are not acceptable to the User, he/she will be able to cease using the Site and Services, and if applicable, cancel Viblix account. By continuing to access or use the Site and Services after 3CMH makes any such revision, the User agrees to be bound by the revised Terms.

3. Termination and Viblix Account Cancellation.

  • Without limiting other remedies, 3CMH may immediately terminate or suspend the access to the Site and Services and remove any material (including User Submissions) from the Site or its servers, in the event that the User breaches these Terms. In addition, 3CMH may notify authorities or take any actions it deems appropriate, without notice to the User, if it suspects or determines, in its own discretion, that the User may have or there is a significant risk that he/she has: (i) failed to comply with any provision of these Terms or any policies or rules established by 3CMH; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, harassment, abuse or disruption for the User, Viblix Users, 3CMH or any other third parties or the Site or Services.
  • The User may terminate Viblix account at any time and for any reason by selecting “Close Account” in his/her account preferences. Upon any termination by a Member, the related account will no longer be accessible.
  • After any termination, the User understands and acknowledges that 3CMH has no further obligation to provide the Services. Upon termination, all licenses and other rights granted to the User by these Terms of Service will immediately cease. 3CMH is not liable to the User or any third party for termination of the Services or termination of User’s use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT THE USER HAS SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO HIS/HER ACCOUNT MAY NO LONGER BE ACCESSED BY THE USER. The User can ask 3CMH to have all information stored in the database.
  • Any suspension, termination or cancellation will not affect User obligations to 3CMH under these Terms Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

4. Copyrighted Materials: No Unauthorized Use.

THE USER CANNOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 3CMH has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of Users or Members who persistently infringe or are believed to be infringing the rights of copyright holders.

5. Intellectual Property Rights and Ownership. Limitations.

  • Definitions. Certain types of content are made available through the Site. In these Terms, “Content” means, collectively, the text, data, graphics, images, photos and video files made available by 3CMH through the Site and Services, excluding User Submissions. “User Submissions” means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members or our other third party licensors stream, post, upload and otherwise submit to the Site and Services. 3CMH reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice. 3CMH will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms.
  • Content. Subject to the compliance with these Terms, the User may access and use the Site, Services, Content and User Submissions for commercial and/or non-commercial use. In case of commercial use, 3CMH has the right to ask information about that and to request the signature of an additional or separate terms and conditions document). The User will not remove, alter or hide any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than his/her User Submissions). Nevertheless, the User may distribute certain Content or User Submissions, only where 3CMH makes the means for distribution of such Content or User Submissions possible through a Viblix Player. 3CMH and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Content and the trademarks, service marks and logos contained therein other than User’s Submissions.
  • User Submissions.

    • License Grant. 3CMH does not claim ownership rights in User Submissions. However, by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Viblix on the Site or to the Services, the User hereby grants 3CMH a non-exclusive, worldwide, royalty-free, perpetual and irrevocable right and license to use, reproduce, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, device or technology now known or later developed, including without limitation on third party websites and platforms where the Services are used. For instance, 3CMH will have the right to insert, place or include all types of advertisements within or around User Submissions, including without limitation to running or streaming pre-rolls, mid-rolls, post-rolls, overlays, banners, campaign and companion ads and any other type of advertising units in connection with User Submission. The User represents and warrant that he/she owns or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to 3CMH. The User agrees to provide all the assistance reasonably requested by 3CMH to give to 3CMH the full benefit of the rights granted by him/her.
    • Limitations. The User acknowledges and agrees that 3CMH may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to then User for the storage of User Submissions on their servers. User Submissions exceeding 10GB or any established limit (“Storage Limitation”) at any time will be deleted by 3CMH, with an advance 2 days notice to the User. 3CMH will delete the User Submissions (in whole or partial) from User’s account until this account is below the Storage Limitation. 3CMH will have no responsibility or liability for User Submissions which are deleted for exceeding any established limit. 3CMH will have no responsibility or liability for and the User is solely responsible for creating back-ups of User Submissions.
    • Disclaimer. 3CMH has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, appropriateness, legality or applicability of the User Submissions or anything said, represented or written by Members, including without limitation any information obtained by using the Site. 3CMH DOES NOT endorse any User Submission or any opinion, recommendation, or advice expressed therein and the User agrees to waive any legal or equitable rights or remedies he/she has or may have against 3CMH with respect thereto.

6. Obligations for Viblix Users.

  • General Prohibitions. The Site and Services may be used and accessed for lawful purposes only. The User agrees to respect all applicable national and foreign laws, treatises and regulations in connection with the use of the Site and Services. In addition, without limitation, the User states that he/she will not do any of the following actions while using or accessing the Site or Services:

    • Circumvent, disable or otherwise interfere with security related features of the Site or Services or features that prevent or restrict use or copying of any Content;
    • Modify, obscure or interfere with any portion or functionality of a Viblix Player, including but not limited to links back to the Site or Services.
    • Upload, stream, email or otherwise transmit (i) any User Submission to which he/she does not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that he/she might have with respect to the User Submission); (ii) any User Submission for which he/she does not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is related to the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
    • Use any metatags or other hidden text or metadata utilizing a Viblix name, trademark, URL or product name;
    • Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
    • Copy any TCP/IP packet header or any part of the header information in any way use the Site or Services to send altered, misleading or false source-identifying information;
    • Upload, stream, email, or otherwise transmit, through the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, calumnious or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography, child erotica or pedophilia), are misleading, threatening, abusive, inciting of unlawful action, defamatory, vulgar or violent or are otherwise nasty in the opinion of 3CMH;
    • Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming the Site;
    • Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Site or Services, servers or networks connected to the Site or Services;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software modules used to provide the Site or Services;
    • Use the Site or Services in any manner not permitted by these Terms of Service.
  • Obligations to Third Parties. If the User has any obligation to any third party, the USER and NOT 3CMH is responsible for compliance with those obligations. 3CMH is not liable for User failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to his/her activities while the User uses the Site and Services or third party service.

7. Disclaimer of Warranties.

The use of the Site, Services, Content and User Submissions is at the sole discretion and risk of the User. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. 3CMH expressly disclaims all warranties of non-infringement of proprietary rights relating to the Content and User Submissions. 3CMH disclaims any warranties regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected.

8. Limitation of Liability.

In no case will 3CMH be liable to the User for any damages arising out of or in connection with the use of the Site, Services, Content and User Submissions.

9. Indemnification.

The User agrees to defend, indemnify, and hold 3CMH, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation attorney’s fees and costs, arising out of or in any way connected with (i) his/her access to or use of the Site, Services, Content and User Submissions; (ii) his/her violation of these Terms of Service; (iii) his/her violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of User Submissions caused damage to a third party, including without limitation claims that User Submissions are infringing.

10. Third Party Links.

The Site and Services may provide links to third party websites or resources from the Site or Services. The User acknowledges and agrees that 3CMH is not responsible or liable for the availability or accuracy of, and 3CMH does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. The User acknowledges responsibility for the use of any such websites or resources.

11. General.

  • Relationship between the Parties. For purposes of these Terms, including if the User becomes a Member and create an account, the User is not an employee or an agent of 3CMH. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms, including without limitation any expenses associated with the implementation of these Terms of Service.
  • Severability and Waiver. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of 3CMH to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
  • Force Majeure. 3CMH will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to 3CMH infrastructure or connectivity to the Internet, or failure at 3CMH co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, 3CMH will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
  • Applicable Law. These Terms and the relationship between the User and 3CMH will be governed by the laws of the Republic of Italy without regard to its conflict of law provisions. The User and 3CMH agree to submit to the personal and exclusive jurisdiction of the courts located in Milan, Italy.
  • Entire Agreement. These Terms are the entire and exclusive agreement between 3CMH and the User regarding the Site, Content, and Services. Nevertheless, for particular purposes the User and 3CMH may decide to sign a specific written agreement regarding the Site and Services. In case of conflict of interpretation between these Terms and such written agreement, what is stated in the written agreement will prevail on these Terms.
  • Notice. Any notice or other communication to be given hereunder will be in writing and given by 3CMH via email to the address that the User provides) and by the User via email to support@Viblix.com or to such other addresses as 3CMH may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
  • Questions. For any question about these Terms or to request a copy of these Terms or any other records relating to these Terms of Service of use of the Site and Services, please contact 3CMH at support@Viblix.com

Terms and Conditions of Use

Viblix.com (or “Viblix”) is a web-site managed by 3 C Media Hub S.r.l. (3CMH). Viblix provides video content streaming and social networking services that enable the sharing of live and recorded video and audio content provided by our partners through the use of Viblix proprietary video player service and a dedicated streaming platform (any and all of the foregoing: the “Services”) and our websites accessible at htttp://www.viblix.com (collectively the “Site”). The Services include 3CMH’s proprietary embeddable video players (each a “Viblix Player”), the Viblix channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “Viblix Application”), and any other products and services offered by 3CMH through the Site and Services.

The below stated Terms of Service (the “Terms”) are legally binding agreement between the User, either an individual subscriber, visitor browsing the site, member or a user of at least 18 years of age (collectively “Users”) and 3CMH, regarding the use of the Viblix web site and/or services and networks owned or controlled by 3CMH, that allow for the distribution and reception of video, audio contents (the “Viblix Service”).

THE USER UNDERSTANDS THAT BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE OR SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR HIS/HER ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, AGREES TO BE BOUND BY THESE TERMS. IF THE USER DOES NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, HE/SHE MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT.
If the User agrees to these Terms on behalf of a legal entity, the User warrants that he/she has the authority to bind that legal entity to these Terms.

1. Eligibility and Registration.

In order to access certain features of the Site and Services, and to post User Submissions, the User will have to create a Viblix account and become a “Member”. To become a Member, the User must be at least 18 year old. If the User is not a Member, it is possible to browse all areas of the Site or use the parts of the Services that are not limited to Members only.
When a User registers, he/she will be asked to choose an username and a password. The User is responsible for safeguarding this password and agrees not to disclose it to any third party. The User agrees to be solely responsible for any activities or actions taken under his/her password, whether or not he/she has authorized such activities or actions. The User will immediately notify 3CMH of any unauthorized use of his/her password. The User agrees that all the information provided upon registration, and at all other times, will be true, accurate, current and complete. The User may not use false identities or impersonate any other person or use an username or password that he/she is not authorized to use. 3CMH reserves the right to require the User to change username for any reason at any time.
Becoming a Member, the User agrees the use of electronic records to store information related to these Terms and the use of the Site and Services by the User. 3CMH’s Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information received from Users.

2. Modification.

3CMH reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Services, or to modify these Terms, at any time and without advance notice. However, changes made to these Terms of Service will not apply to the User to the extent that (i) the changes concern matters which are the subject of an actual dispute between the User and 3CMH as of the date the changes take effect and (ii) 3CMH has actual notice of the dispute as of the date the changes take effect. If the Terms are modified, 3CMH will post the modification on the Site or within the Services or provide the User with a notice of the modification. If any modified terms and conditions are not acceptable to the User, he/she will be able to cease using the Site and Services, and if applicable, cancel Viblix account. By continuing to access or use the Site and Services after 3CMH makes any such revision, the User agrees to be bound by the revised Terms.

3. Termination and Viblix Account Cancellation.

  • Without limiting other remedies, 3CMH may immediately terminate or suspend the access to the Site and Services and remove any material (including User Submissions) from the Site or its servers, in the event that the User breaches these Terms. In addition, 3CMH may notify authorities or take any actions it deems appropriate, without notice to the User, if it suspects or determines, in its own discretion, that the User may have or there is a significant risk that he/she has: (i) failed to comply with any provision of these Terms or any policies or rules established by 3CMH; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, harassment, abuse or disruption for the User, Viblix Users, 3CMH or any other third parties or the Site or Services.
  • The User may terminate Viblix account at any time and for any reason by selecting “Close Account” in his/her account preferences. Upon any termination by a Member, the related account will no longer be accessible.
  • After any termination, the User understands and acknowledges that 3CMH has no further obligation to provide the Services. Upon termination, all licenses and other rights granted to the User by these Terms of Service will immediately cease. 3CMH is not liable to the User or any third party for termination of the Services or termination of User’s use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT THE USER HAS SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO HIS/HER ACCOUNT MAY NO LONGER BE ACCESSED BY THE USER. The User can ask 3CMH to have all information stored in the database.
  • Any suspension, termination or cancellation will not affect User obligations to 3CMH under these Terms Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

4. Copyrighted Materials: No Unauthorized Use.

THE USER CANNOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 3CMH has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of Users or Members who persistently infringe or are believed to be infringing the rights of copyright holders.

5. Intellectual Property Rights and Ownership. Limitations.

  • Definitions. Certain types of content are made available through the Site. In these Terms, “Content” means, collectively, the text, data, graphics, images, photos and video files made available by 3CMH through the Site and Services, excluding User Submissions. “User Submissions” means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members or our other third party licensors stream, post, upload and otherwise submit to the Site and Services. 3CMH reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice. 3CMH will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms.
  • Content. Subject to the compliance with these Terms, the User may access and use the Site, Services, Content and User Submissions for commercial and/or non-commercial use. In case of commercial use, 3CMH has the right to ask information about that and to request the signature of an additional or separate terms and conditions document). The User will not remove, alter or hide any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than his/her User Submissions). Nevertheless, the User may distribute certain Content or User Submissions, only where 3CMH makes the means for distribution of such Content or User Submissions possible through a Viblix Player. 3CMH and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Content and the trademarks, service marks and logos contained therein other than User’s Submissions.
  • User Submissions.

    • License Grant. 3CMH does not claim ownership rights in User Submissions. However, by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Viblix on the Site or to the Services, the User hereby grants 3CMH a non-exclusive, worldwide, royalty-free, perpetual and irrevocable right and license to use, reproduce, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, device or technology now known or later developed, including without limitation on third party websites and platforms where the Services are used. For instance, 3CMH will have the right to insert, place or include all types of advertisements within or around User Submissions, including without limitation to running or streaming pre-rolls, mid-rolls, post-rolls, overlays, banners, campaign and companion ads and any other type of advertising units in connection with User Submission. The User represents and warrant that he/she owns or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to 3CMH. The User agrees to provide all the assistance reasonably requested by 3CMH to give to 3CMH the full benefit of the rights granted by him/her.
    • Limitations. The User acknowledges and agrees that 3CMH may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to then User for the storage of User Submissions on their servers. User Submissions exceeding 10GB or any established limit (“Storage Limitation”) at any time will be deleted by 3CMH, with an advance 2 days notice to the User. 3CMH will delete the User Submissions (in whole or partial) from User’s account until this account is below the Storage Limitation. 3CMH will have no responsibility or liability for User Submissions which are deleted for exceeding any established limit. 3CMH will have no responsibility or liability for and the User is solely responsible for creating back-ups of User Submissions.
    • Disclaimer. 3CMH has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, appropriateness, legality or applicability of the User Submissions or anything said, represented or written by Members, including without limitation any information obtained by using the Site. 3CMH DOES NOT endorse any User Submission or any opinion, recommendation, or advice expressed therein and the User agrees to waive any legal or equitable rights or remedies he/she has or may have against 3CMH with respect thereto.

6. Obligations for Viblix Users.

  • General Prohibitions. The Site and Services may be used and accessed for lawful purposes only. The User agrees to respect all applicable national and foreign laws, treatises and regulations in connection with the use of the Site and Services. In addition, without limitation, the User states that he/she will not do any of the following actions while using or accessing the Site or Services:

    • Circumvent, disable or otherwise interfere with security related features of the Site or Services or features that prevent or restrict use or copying of any Content;
    • Modify, obscure or interfere with any portion or functionality of a Viblix Player, including but not limited to links back to the Site or Services.
    • Upload, stream, email or otherwise transmit (i) any User Submission to which he/she does not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that he/she might have with respect to the User Submission); (ii) any User Submission for which he/she does not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is related to the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
    • Use any metatags or other hidden text or metadata utilizing a Viblix name, trademark, URL or product name;
    • Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
    • Copy any TCP/IP packet header or any part of the header information in any way use the Site or Services to send altered, misleading or false source-identifying information;
    • Upload, stream, email, or otherwise transmit, through the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, calumnious or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography, child erotica or pedophilia), are misleading, threatening, abusive, inciting of unlawful action, defamatory, vulgar or violent or are otherwise nasty in the opinion of 3CMH;
    • Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming the Site;
    • Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Site or Services, servers or networks connected to the Site or Services;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software modules used to provide the Site or Services;
    • Use the Site or Services in any manner not permitted by these Terms of Service.
  • Obligations to Third Parties. If the User has any obligation to any third party, the USER and NOT 3CMH is responsible for compliance with those obligations. 3CMH is not liable for User failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to his/her activities while the User uses the Site and Services or third party service.

7. Disclaimer of Warranties.

The use of the Site, Services, Content and User Submissions is at the sole discretion and risk of the User. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. 3CMH expressly disclaims all warranties of non-infringement of proprietary rights relating to the Content and User Submissions. 3CMH disclaims any warranties regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected.

8. Limitation of Liability.

In no case will 3CMH be liable to the User for any damages arising out of or in connection with the use of the Site, Services, Content and User Submissions.

9. Indemnification.

The User agrees to defend, indemnify, and hold 3CMH, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation attorney’s fees and costs, arising out of or in any way connected with (i) his/her access to or use of the Site, Services, Content and User Submissions; (ii) his/her violation of these Terms of Service; (iii) his/her violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of User Submissions caused damage to a third party, including without limitation claims that User Submissions are infringing.

10. Third Party Links.

The Site and Services may provide links to third party websites or resources from the Site or Services. The User acknowledges and agrees that 3CMH is not responsible or liable for the availability or accuracy of, and 3CMH does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. The User acknowledges responsibility for the use of any such websites or resources.

11. General.

  • Relationship between the Parties. For purposes of these Terms, including if the User becomes a Member and create an account, the User is not an employee or an agent of 3CMH. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms, including without limitation any expenses associated with the implementation of these Terms of Service.
  • Severability and Waiver. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of 3CMH to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
  • Force Majeure. 3CMH will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to 3CMH infrastructure or connectivity to the Internet, or failure at 3CMH co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, 3CMH will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
  • Applicable Law. These Terms and the relationship between the User and 3CMH will be governed by the laws of the Republic of Italy without regard to its conflict of law provisions. The User and 3CMH agree to submit to the personal and exclusive jurisdiction of the courts located in Milan, Italy.
  • Entire Agreement. These Terms are the entire and exclusive agreement between 3CMH and the User regarding the Site, Content, and Services. Nevertheless, for particular purposes the User and 3CMH may decide to sign a specific written agreement regarding the Site and Services. In case of conflict of interpretation between these Terms and such written agreement, what is stated in the written agreement will prevail on these Terms.
  • Notice. Any notice or other communication to be given hereunder will be in writing and given by 3CMH via email to the address that the User provides) and by the User via email to support@Viblix.com or to such other addresses as 3CMH may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
  • Questions. For any question about these Terms or to request a copy of these Terms or any other records relating to these Terms of Service of use of the Site and Services, please contact 3CMH at support@Viblix.com