Last Updated: April 7, 2025
The following Terms of Use are entered into by and between You and Multimedia
Audio Visual (“Multimedia AV”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, the “Terms”), govern your access to and
use of https://www.multimediaav.com/ and all affiliated
websites and subdomains (the “Site”) and our related services, (together with
the Site, the “Services”).
Please read the Terms carefully before you start to use the
Services. By using the Services or by clicking to accept or agree to
the Terms when this option is made available to you, you accept and agree to be
bound and abide by these Terms and our Privacy Policy, incorporated herein by
reference. If you do not want to agree to these Term including the
agreements incorporated by reference herein, you must not access or use the Services.
By using this Services, you represent and warrant that you are of legal
age to form a binding contract with Multimedia AV and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you
must not access or use the Services.
MODIFICATION OF TERMS
We reserve the right to change or modify these Terms at any time and in
our sole discretion. If we make changes to these Terms, we will provide
notice of such changes, such as by updating the “Last Updated” date at the
beginning of these Terms. By continuing to use the Services at any point
after such update, you confirm your acceptance of the revised Terms, and all of
the terms incorporated therein by reference. You should review these
Terms frequently to ensure that you understand the terms and conditions that
apply when you access or use the Services. If you do not agree to the
revised Terms, you may not access or use the Services.
USE OF THE SERVICES
1. Services. The Services include
an informational site made available by Multimedia AV to enable users to view
our catalogue and contact us.
2. Eligible
Users. The Services are not intended for use by anyone under the age of 13.
PRIVACY POLICY
Please refer to our Privacy Policy for information about how we collect,
use and share your personal information. By submitting your personal
information through the Services, you expressly consent to the collection, use,
and disclosure of personal information in accordance with the Privacy Policy.
COMMUNICATIONS
By using our Services, you consent to receive electronic communications
from us (e.g., via email or by posting notices to the Services). These
communications may include notices transactional information and are part of
your existing relationship with us. You agree that any notices,
agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including,
but not limited to, that such communications be in writing. You should maintain
copies of electronic communications from us by printing a paper copy or saving
an electronic copy. We have no obligation to store for your later use or access
any such electronic communications that we make to you. We may also send you
promotional communications via email including, but not limited to,
newsletters, special offers, surveys, customer service, and marketing messages,
and other news and information we think will be of interest to you. You may opt
out of receiving these communications at any time by following the unsubscribe or
opt out instructions provided therein.
LIMITED LICENSE
You are hereby granted a limited, revocable, nonexclusive,
nontransferable, non-assignable, non-sublicensable, “as-is” license to access
and use the Services and related content for your own personal, non-commercial
use; provided, however, that such license is subject to the Terms and does not
include any right to (i) sell, resell, or use commercially the Services, (ii)
distribute, publicly perform, or publicly display any content, (iii) modify or
otherwise make any derivative uses of the Services, or any portion thereof,
(iv) use any data mining, robots, or similar data gathering or extraction
methods, (v) download (other than page caching) any portion of the Services,
except as expressly permitted by us, and (vi) use the Services other than for
their intended purposes. This license is subject to your compliance with these
Terms.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain content or
features (“Service Content”) that are protected by copyright, patent,
trademark, trade secret or other proprietary rights and laws. The Multimedia AV name and logos are
trademarks and service marks of Multimedia AV (collectively the “Multimedia AV
Trademarks”). Other Multimedia AV and its service provider content, names and
logos used and displayed via the Service may be trademarks or service marks of
their respective owners who may or may not endorse or be affiliated with or
connected to Multimedia AV. Nothing in these Terms or the Service should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any of Multimedia AV Trademarks or other Multimedia AV and tis service
provider content, names and logos used and displayed via the Service, without
our prior written permission in each instance.
All goodwill generated from the use of Multimedia AV Trademarks or other
Multimedia AV or its service provider content will inure to the exclusive
benefit of Multimedia AV or the applicable rights holder.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others and ask that our users do
the same. We respond to notices of alleged copyright infringement and terminate
accounts of repeat infringers according to the process set out in the U.S.
Digital Millennium Copyright Act. If you believe that your work has been copied
or used on the Site in a way that constitutes copyright infringement, please
send the following information to our Copyright Agent at info@multimediaav.com].
1.
Your address, telephone number, and email address.
2.
A description of the copyrighted work that you claim has been infringed.
3.
A description of where the alleged infringing material is located on the
Services.
4.
A statement by you that you have a good faith belief that the disputed
use is not authorized by you, the copyright owner, its agent, or the law.
5.
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest.
6.
A statement by you, made under penalty of perjury, that the above
information is accurate and that you are the copyright owner or authorized to
act on behalf of the copyright owner.
7.
For clarity, only copyright infringement notices should go to our
Copyright Agent. You acknowledge that if you fail to comply with the
requirements of the section, your notice may not be valid.
8.
Multimedia AV may at its discretion, suspend or terminate the access of
and take other action against users, subscribers, registrants, and account
holders who infringe upon the intellectual property rights of others.
USER CONTENT
You may be able to share content on or through the Services (“User
Content”). If you choose to make User Content available on or through the
Services, you hereby grant us a fully paid, royalty-free, worldwide,
non-exclusive right and license to use, sublicense, distribute, reproduce,
modify, adapt, and display such User Content (in whole or in part) for the
purposes of (i) providing the Services, including making User Content available
to other users; and (ii) improving the Services. You also hereby grant
each other user of the Services a non-exclusive license to access your User
Content through the Services, and to use, reproduce, distribute, display and
perform such User Content solely as permitted through the functionality of the
Services and under these Terms. You are solely responsible for any User Content
you provide. You represent and warrant that you have, or have obtained,
all rights, licenses, consents, permissions, power and/or authority necessary
to grant the rights granted herein for any User Content that you submit, post
or display on or through the Services. You agree that such User Content will
not contain material subject to copyright or other proprietary rights, unless
you have necessary permission or are otherwise legally entitled to post the
material and to grant the licenses described above. We take no responsibility
for the User Content posted or listed via the Services, although we reserve the
right to remove any User Content that is in violation of these Terms.
EXTERNAL SITES
The Services may include hyperlinks to other websites or resources
(collectively, the “External Sites”), which are provided solely as a
convenience to our Site visitors. We have no control over any External Sites.
You acknowledge and agree that we are not responsible for the availability of
any External Sites, and that we do not endorse any advertising, products, or
other materials on or made available from or through any External Sites.
Furthermore, you acknowledge and agree that we are not liable for any loss or
damage which may be incurred as a result of the availability or unavailability
of the External Sites, or as a result of any reliance placed by you upon the
completeness, accuracy or existence of any advertising, products or other
materials on, or made available from, any External Sites.
PROHIBITED USES
You may not attempt or cause to attempt to gain unauthorized access to
any portion or feature of the Services, or any other systems or networks
connected to the Services, by hacking, password “cracking,” or any other
illegitimate means. You may not breach or cause to breach the security or
authentication measures on the Services, or any other systems or networks
connected to the Services, or otherwise attempt to interfere with the proper
functioning of the Services. You will not falsify your identity or impersonate
another person, engage in conduct that limits the use and enjoyment of the
Services, or any part thereof, by other users in any way, in each case as
determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
1. reverse engineer,
disassemble, alter, decompile, duplicate, create derivative works from, make
copies of, extract information from, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services, in whole or in part, except as expressly
permitted by us;
2. upload, post or
store any materials that directly or indirectly contain viruses, corrupted
files or any other similar harmful mechanism;
3. link to, mirror, or
frame any portion of the Services without our prior express written permission;
4. scrape, index,
survey, or data mine any portion of the Services or unduly burden or hinder the
operation of the Services; or
5. remove any notice of
the proprietary rights of our licensors and us from any portion of the Services
or printed version thereof.
6. purchase any products
from Multimedia AV for the purpose or reselling or otherwise distributing those
products without prior written authorization from Multimedia AV.
TERMINATION
1.
You Terminate. You may terminate these Terms at any
time by discontinuing your access to and use of the Services. If you use the
Services again, you will be deemed to have agreed to the Services.
2.
We Terminate. You agree that we, in our sole
discretion, and for any or no reason, may terminate these Terms without prior
notice. You agree that any suspension or termination of your access to
the Services may be without prior notice, and that we will not be liable to you
or to any third party for any such suspension or termination.
3.
Other Remedies Available. If we terminate
these Terms or suspend or terminate your access to or use of the Services due
to your breach of these Terms or any suspected fraudulent, abusive, or illegal
activity (including, without limitation, if you engage in any of the Prohibited
Uses), then termination of these Terms will be in addition to any other
remedies we may have at law or in equity.
4.
Effect of Termination. Upon any termination or expiration
of these Terms, whether by you or us, you may no longer have access to
information that you have posted on the Services, and you acknowledge that we
will have no obligation to maintain any such information in our databases or to
forward any such information to you or to any third party.
INTERNATIONAL ISSUES
We operate the Services from the United States of America. If you
choose to access the Services from outside the United States of America, you
are responsible for complying with applicable local laws.
DISCLAIMERS
THE SERVICES, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE
NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL
BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES OR ANY CONTENT
CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES
IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE
FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL
OR INFORMATION, CONTAINED ON THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS
TO AND USE OF THE SERVICES AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR
WARRANT THAT THE SERVICES, CONTENT, OR ANY ITEMS LISTED ON OUR SERVICES OR OUR
SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE
THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT
SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET
AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO
OUR GROSS NEGLIGENCE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS,
THE SERVICES, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES
IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT
SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO
THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR
CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE
GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT
IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to
indemnify, defend, and hold harmless Multimedia AV from and against all actual
or alleged third-party claims, damages, awards, judgments, losses, liabilities,
obligations, penalties, interest, fees, expenses (including, without
limitation, attorneys’ fees and expenses) and costs (including, without
limitation, court costs, costs of settlement, and costs of or associated with
pursuing indemnification and insurance), of every kind and nature whatsoever
arising out of or related to these Terms or your use of the Services, whether
known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or
unsuspected, in law or equity, whether in tort, contract or otherwise
(collectively, “Claims”), including, but not limited to, damages to property or
personal injury, that are caused by, arise out of or are related to (a) your
use or misuse of the Services or User Content; (b) any feedback you provide;
(c) your violation of these Terms; (d) your violation of the rights of any
third party, including another user; (e) any breach or non-performance of any
covenant or agreement made by you; (f) your User Content; or (g) any off-chain
benefits (including the furnishing, or any failure to furnish, or any acts or
omissions of or attributable to you or any third party in respect of the same).
You agree to promptly notify Multimedia AV of any third-party Claims and
cooperate with Multimedia AV in defending such Claims. You further agree that Multimedia
AV shall have control of the defense or settlement of any third-party Claims.
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET
FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MULTIMEDIA AV.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM US.
These Terms, including all matters of construction, validity, and
performance, and all disputes arising out of or connected with the Terms, the
Site, and the Services (each a “Dispute,” collectively, the “Disputes”), shall,
in all respects, be governed by and construed in accordance with the laws of
the State of Colorado without regard to any principles of conflict of laws,
except that the arbitration clause herein shall be governed by the Federal
Arbitration Act. Any Dispute shall be settled by mediation under the Commercial
Mediation procedures of the American Arbitration Association (the “AAA”),
except that if mediation of a Dispute is not successful within two (2) months
of appointment of a mediator, such Dispute shall be settled by individual
arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation
or arbitration shall be the AAA office nearest to Agency’s principal place of
business in Colorado. The language of the mediation or arbitration shall be
English. The arbitrator shall be an expert an attorney with experience in the
field of intellectual property and advertising law. Notwithstanding this
arbitration provision, any Dispute not resolved through arbitration that is
less than $10,000 USD and qualifies for treatment on a non-jury basis in a
small claims court of in Colorado may be resolved in such small claims court on
an individual basis at the election of either party. All Disputes shall be
mediated, arbitrated, or litigated on an individual basis. You irrevocably
waive any right it may otherwise have to proceed on a class or collective
basis. Further, you irrevocably waive all right to trial by jury as well as any
argument or claim of improper venue or forum non conveniens. The foregoing
provisions shall not limit the right of Multimedia AV to collect payments due
or payable, or prevent either party from commencing any action or proceeding to
compel arbitration, obtaining injunctive relief pending the appointment of an
arbitrator, or obtaining execution of any award rendered in any such action or
proceeding, or in any other manner provided venue for all such proceedings
shall be in the state or federal courts within Colorado. The parties shall bear
their own expenses, except that parties shall equally share the expenses of any
mediator or arbitrator (except for the required non-refundable filing fees
which shall be paid solely by the party asserting the Dispute). The prevailing
party in any arbitration may seek from the arbitrator an award of the party’s
reasonable outside attorneys’ fees and costs incurred. Judgment on any the
award rendered by any arbitrator may be entered in any court having
jurisdiction thereof.
GENERAL
1. Entire
Agreement. These Terms, any applicable supplemental terms, and our Privacy Policy
constitute the entire legal agreement between you and us and will be deemed to
be the final and integrated agreement between you and us, and govern your
access to and use of the Services, and completely replace any prior or
contemporaneous agreements between you and us related to your access to or use
of the Services, whether oral or written.
2.
Third-Party Beneficiaries. Except as otherwise
provided herein, these Terms are intended solely for the benefit of Multimedia
AV and you and are not intended to confer third-party beneficiary rights upon
any other person or entity.
3.
Independent Contractor. Your relationship to
Multimedia AV is that of an independent contractor, and neither party is an
agent or partner of the other. You represent and warrant that you are eligible
to provide services as an independent contractor in the jurisdiction(s) in
which you will access the Services and are solely responsible for your own tax
and legal compliance.
4.
Interpretation. The language in
these Terms will be interpreted as to its fair meaning, and not strictly for or
against any party.
5.
Severability. Should any part of
these Terms be held invalid, illegal, void or unenforceable, that portion will
be deemed severed from these Terms and will not affect the validity or
enforceability of the remaining provisions of these Terms.
6.
No Waivers. Our failure or delay to exercise
or enforce any right or provision of these Terms will not constitute or be
deemed a waiver of future exercise or enforcement of such right or provision.
The waiver of any right or provision of these Terms will be effective only if
in writing and signed for and on behalf of us by a duly authorized
representative.
7.
Governing Law. All matters arising out of or
relating to these Terms will be governed by and construed in accordance with
the laws of the State of Colorado and the federal laws of the United States of
America applicable therein without giving effect to any choice or conflict of
law provision or rule.
8.
Venue. Subject to the above,
any legal action or proceeding arising under these Terms will be brought
exclusively in the State of Colorado, in Denver County, and we and you
irrevocably consent to the personal jurisdiction and venue there.
9.
Notices. We may provide you
with any notices (including, without limitation those regarding changes to
these Terms) by email or postings on the Services. By providing us with your
email address, you consent to our using the email address to send you any
notices. Notices sent by email will be effective when we send the email, and
notices we provide by posting will be effective upon posting. It is your
responsibility to keep your email address current.
10. Assignment. You may not assign
any of your rights or obligations under these Terms, whether by operation of
law or otherwise, without our prior written consent. We may assign our rights
and obligations under these Terms in our sole discretion to an affiliate or in
connection with an acquisition, sale or merger. These Terms shall be binding
upon and inure to the benefit of the applicable parties and their successors
and permitted assigns.
CONTACT
info@multimediaav.com