MIVU.PHOTOS INTERRUPTION FREE RADIO CHILL & HIP HOP U.S. SERVICE STATEMENT OF USE

Effective as of May 25, 2018

By visiting, accessing, or using MIVU.PHOTOS INTERRUPTION FREE RADIO CHILL & HIP HOP ("Chill & Hip Hop"), you signify that you have the right, authority and capacity to utilize this Service, and that you have read and understand the terms of this Service Statement of Use ("Service Statement"), and that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS STATEMENT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THESE ENTERTAINMENT SERVICES.

1. INTRODUCTION

This document (the “Terms”) together with the U.S. Privacy Policy (collectively the “Service Statement”) sets out the terms and conditions governing visits, access and use of the entertainment services MIVU.PHOTOS INTERRUPTION FREE RADIO CHILL & HIP HOP by the end user (“you”). The term “you” includes additional users whenever permitted under the applicable visitors and others who access or use any of the Services.

The “Services” means the entertainment service branded Chill & Hip Hop, mobile and device applications and all services provided by or its vendors, or other third parties with whom Chill & Hip Hop (as defined herein) contracts to provide the Services that are inherently related to the entertainment services Chill & Hip Hop or that are compatible for similarly situated digital entertainment services. These may include, but are not limited to websites and applications for desktops, tablets and mobile handsets, set-top boxes and stereo equipment. The Services also include your ability to edit certain Service Content (as that term is defined in Section 8, below) that is specifically cleared for such use (the “Editable Content”) and User Content (as that term is defined in Section 9, below), and save such edited Editable Content and User Content to your own playlist without the ability to share or otherwise reproduce, distribute, publicly perform, or publicly display such edited Editable Content and User Content (the “Edit Functionality”). Each instance of edited Editable Content or edited User Content shall be deemed a “Remix” hereunder.

The Services are provided by MiVu, LLC, and each of their present, former and future parents, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, “Chill & Hip Hop,” “we” “us” and/or “our”). You may contact us at: Chill & Hip Hop – User Support, by email at support@chillandhiphop.com.

The current Service Statement will appear here on our website with the effective date that the Terms and/or Privacy Policy were updated. Chill & Hip Hop may, in its discretion, make changes to the Agreement. When we make material changes to the Agreement, we will provide you with notice as appropriate under the circumstances, for example, by sending you an email. Your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Services Statement, you may terminate use of the Services immediately. You are not required to contact us for purposes of terminating use.

2. PREREQUISITES FOR ACCESS TO THE SERVICE

You need access to the internet in order to use the Services, and any cost for accessing the internet shall be paid by you. This also applies when using the Service via mobile phone, tablet, or other personal device capable of internet connection. If you use the Services via mobile telephone you should familiarize yourself with applicable data transfer costs for your mobile carrier plan. Chill & Hip Hop does not have any responsibility or liability for data transfer costs you may incur when using the Services. We cannot guarantee that the Services will work with all devices.

Chill & Hip Hop accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the Services may be restricted from time to time to allow for repairs, maintenance or updating.

You may not use the Services in any way that is fraudulent or illegal or is expressly prohibited by these Terms. By using the Services, you promise to us that you accept these Terms and that (a) you are 18 years of age or over; or (b) you are between the age of 13 and 17, and have express permission from your parent or guardian to use the Services. If you are under age 13, you are not permitted to use the Services or to submit any personally identifiable information to Chill & Hip Hop. If Chill & Hip Hop reasonably believes that you have not told us your true age, we may suspend your access to the Services until you have provided us with acceptable proof of age. If you are a parent or guardian and believe Chill & Hip Hop may have inadvertently collected personal information from your child, please notify Chill & Hip Hop immediately by sending an email to Chill & Hip Hop – Customer Support at support@chillandhiphop.com detailing the basis of your belief and your request.

Use of these entertainment services does not require you to register and create an account for validation. However, if making a purchase of Chill & Hip Hop products, you agree to (a) provide accurate, current and complete information as prompted by any transaction forms; (b) maintain and promptly update such information and any other information provided; and (c) be fully responsible for all use and for any actions that take place while completing your transaction.

Chill & Hip Hop reserves the right to suspend or remove or prohibit your use of the Services, without responsibility or liability to you, if activities occur that we believe breach the Service Statement.

3. PURCHASE, PRICE INFORMATION, PAYMENT TERMS AND REFUND POLICY

(a) Shopping in the Store. To make a store purchase you are not required to have an account.

(b) Payment Methods. In connection with any and all purchases you must provide Chill & Hip Hop with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). You are solely responsible for reviewing the terms of use, privacy policy or any other terms governing your use of the services provided by your financial services provider and/or mobile carrier. By providing a Payment Method, you hereby authorize Chill & Hip Hop to debit the total cost of said product and agree to be responsible for any foreign transaction charges associated with your purchase. Should charges for which you are responsible fail at the time payment is required, you may be responsible for costs associated with Chill & Hip Hop's efforts to collect amounts due in accordance with applicable laws. You represent and promise to us that all information you provide in connection with the purchase is true, accurate and complete.

(d) Charge Backs. If you dispute charges with your credit card company or financial institution, and Chill & Hip Hop's investigation determines the charges were valid, we may, on reasonable written notice to you, charge to your credit card the reasonable required cost of responding to your charge back request. Chill & Hip Hop’s U.S. Privacy Policy details what information Chill & Hip Hop may share with your financial institution as part of the investigation into disputed charges.

4. RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE

The Services shall be for private use only and use of the Services in commercial or public settings is not permitted.

The Services shall not be used in any manner that may breach the restrictions applicable to the utilization of the Service Content (as defined in Section 8, below). These include, but are not limited to, prohibitions against (i) any form of technical intervention in the Services for purposes of using the Services in any manner other than that intended and permitted under the Agreement; (ii) copying and/or making public any Service Content; (iii) assigning any username or password to anyone else; (iv) circumventing any technical mechanisms within the Services that have been established to protect Service Content from reproduction/distribution; (v) using the Services in violation of applicable law; and (vi) failing to respect applicable geographic/territorial restrictions.

6. APPLICATION LICENSE

By “Application” we mean an application or other technical interface provided by Chill & Hip Hop that is used to access the Services. Subject to the terms of this Agreement, Chill & Hip Hop hereby grants you a personal, non-exclusive, non-transferable, limited and revocable license to download, run and use the Application for personal use on relevant devices owned or controlled by you. Such license also applies to updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license and related documentation. The Application is licensed, not sold, to you, and Chill & Hip Hop retains ownership of all copies of the Application even after installation on your devices. Chill & Hip Hop may transfer its rights and obligations, or sub-contract or sub-license its obligations, under this Statement to another legal entity, provided your legal and consumer rights are not prejudiced. You may not may transfer your rights and obligations, or sub-contract or sub-license your obligations, under this Statement to another legal entity.

7. THIRD PARTY APPLICATIONS AND ADVERTISERS

The Services provides a platform for third party applications, websites, platforms and services to make available products and services to you (“Third Party Applications And Advertisers”), and your use of these Third Party Applications And Advertisers is subject to their respective terms of use and privacy policies. You should contact the administrator or webmaster for those Third Party Applications And Advertisers if you have any concerns regarding such Third Party Application And Advertiser or any content located on such Third Party Application And Advertiser site. You understand and agree that Chill & Hip Hop is not responsible or liable for the behavior, features, or content of any Third Party Application And Advertisers and does not make any representations regarding the behavior, features, content or accuracy of materials on any Third Party Application And Advertisement. You should take precautions when downloading files from all third party applications and websites to protect your computer / device from viruses and other destructive programs. If you decide to access linked Third Party Applications, you do so at your own risk.

8. CONTENT RESTRICTIONS

The Services contains content, such as sound recordings, audiovisual works, other video or audio works, clips, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement (collectively, the “Service Content”). The Service Content is the property of Chill & Hip Hop and/or third parties and is protected by copyright under both United States and foreign laws. The Service Content is made available to you only for your personal use as expressly permitted under these Terms.

You are prohibited from using the Service Content as follows:

Except as permitted under the Terms, all copying, distribution or other use of the Service Content is prohibited without the prior written consent of the Service Content rights holders.
You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Service Content provided that to the extent expressly permitted by Chill & Hip Hop.
You have no right to any use that requires a public performance license.
The use or posting of the Service Content on any other website, application or otherwise, or sharing of the Service Content in a networked computer environment, for any purpose is expressly prohibited.
You shall only use the Service Content on platforms which are at your disposal for your personal use as provided herein and pursuant to your Subscription terms, and which support the Services’ technical protection system. You shall not circumvent or try to circumvent the Services’ technical protection system.
Unauthorized use of the Services may also constitute a violation of applicable laws or regulations. If Chill & Hip Hop, in its sole discretion, thinks you have breached the Terms, or has reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Services and the Service Content. We may: (a) restrict, suspend, or terminate your right to use the Services; (b) remove your User Content (as defined below) from the Services; (c) investigate and take legal proceedings against you; or (d) disclose any information to law enforcement authorities we think is necessary or as required by law. These actions are not limited and we may take any other action we reasonably deem appropriate.
We are the owner of the MiVu, Interruption Free Radio and Chill & Hip Hop trademarks (the “Trademarks”). Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without Chill & Hip Hop’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Chill & Hip Hop in writing. All goodwill generated from the use of the Trademarks inures to Chill & Hip Hop’s benefit.
Elements of the Services including Service Content are protected by copyright, trade dress, trademark, unfair competition, or other state, federal and foreign laws, and the Services may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Service Content may be re-transmitted without Chill & Hip Hop’s and/or the appropriate third party’s express written consent in each and every instance.

9. USER CONTENT

To the extent allowed by the Services, any musical works (sound recordings and underlying musical compositions), audiovisual works (including but not limited to MTV style premium music videos, clips and so called “behind the scenes” audiovisual content), other video or audio works, images, graphics, text, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials that you submit to the Service (“User Content”) are generated, owned and controlled solely by you and/or your licensees. We do not claim any intellectual property ownership rights in any User Content. After directly sending (“submitting”) your User Content to the Services, you continue to retain any intellectual property ownership rights that you may have in your User Content, subject to the license below. By submitting any User Content on or through the Services, you hereby grant to Chill & Hip Hop a license (with the unrestricted right to sub-license) to store, host, display, stream, transmit conditional downloads, exploit, promote, market, sell and transmit permanent downloads, use, modify, delete from, add to, publicly perform, publicly display, reproduce, create and use derivative works of, distribute and otherwise disseminate the User Content on or through the Services via any and all devices known or hereinafter devised. For the avoidance of doubt, to the extent you use the Edit Functionality to create a Remix, you acknowledge and agree that you own no right, title or interest therein and that any such Remix shall not be considered your User Content hereunder.

(a) The license you grant to Chill & Hip Hop is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the User Content that you post), sub-licensable (so that we are able to use our affiliates, subcontractors and other vendors such as internet content delivery networks and wireless carriers to provide the services related to the Services), perpetual (forever) and worldwide.

(b) You represent and promise to us that the User Content submitted by you on or through the Services: (i) is owned by you or you otherwise have the right to grant the license set forth herein; (ii) does not infringe the rights of any third party, including any intellectual property rights, rights of confidential information or rights in privacy; (iii) does not imply any affiliation, endorsement, approval or cooperation by Chill & Hip Hop or any artist, band, label, entity or individual without express written consent from such individual or entity; and (iv) shall comply with all applicable laws and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Services.

(c) The Services perform technical functions necessary to offer the services on the Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the entertainment services.

(d) We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our sole judgment breaches this Agreement or which may be offensive, illegal or breach the rights of any third party, or harm or threaten the safety of any third party. We are under no obligation to you or any other person to oversee, monitor or moderate User Content. We may at our option, moderate and review User Content to ensure that it complies with these Terms. If we do opt to monitor the Services, we assume no responsibility or liability to you for any User Content available on the Services.

(e) The licenses granted in this section are granted separately with respect to each item of the User Content that you submit to the Services.

(f) You are solely responsible for the User Content that you submit to the Services. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Services) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

10. PROHIBITED CONTENT / ACTIVITY

You must not upload or share any User Content which, in Chill & Hip Hop’s reasonable opinion:

Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
Solicits personal information;
Constitutes information that poses or creates a privacy or security risk to any person;
Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Involves any form of user tracking, commercial activities and/or sales without prior written consent from Chill & Hip Hop such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
Breaches the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

You further agree not to undertake any of the following activities on the Services:

Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user, without the written consent of Chill & Hip Hop to buy or sell any products or services through the unauthorized or impermissible use of the Services;
Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Covering or obscuring the banner advertisements on any page on the Services via HTML/CSS or any other means;
Any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
Impersonating or attempting to impersonate another user, person or entity;
Using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
Accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; or
Using the Services in a manner inconsistent with any and all applicable laws and regulations.

You agree that any breach of the provisions of this Section 10 will be considered a serious breach of the Service Statement.

11. SUBMISSIONS

We have provided our contact information and email links on the Services because we would like to hear from you. However, we do not want you to, and you should not, send Chill & Hip Hop any documents or other materials that contain confidential or proprietary information. You grant Chill & Hip Hop an unrestricted, irrevocable, royalty-free license to copy, distribute, and modify any such documents or other materials that you send Chill & Hip Hop, and to use for any purpose any ideas, trade secrets, know-how or other confidential or proprietary information disclosed in those documents or other materials, and that all of the representations and promises you make pursuant to this Service Statement with respect to User Content apply equally with respect to any other documents or materials that you send to Chill & Hip Hop that do not constitute User Content.

12. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We, at our sole discretion, may disable and/or terminate use of the Services by users who infringe the intellectual property rights of others. We also have a policy of responding to notices of alleged infringement that complies with the Digital Millennium Copyright Act (“DMCA”) which may include removing material, including Service Content and/or User Content, claimed to be the subject of infringing activity. If we remove material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to the DMCA. We will terminate the accounts of any users and/or block access to the Services by any users who repeatedly infringe the copyrights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property or privacy rights have been otherwise breached, please provide Chill & Hip Hop with a notice containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
A detailed description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help Chill & Hip Hop locate content quickly);
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf; and
Your signature.

Send your notice to Chill & Hip Hop by email to support@chillandhiphop.com. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material is infringing your copyrights or other intellectual property or privacy rights.

The provider of Removed Content may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the Removed Content. To submit a counter notification, you must provide Chill & Hip Hop with a written notice that includes each of the following items:

a detailed identification of the material the Chill & Hip Hop has removed;
your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person;
the statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
your signature.

The counter notification can be sent to Chill & Hip Hop by email to support@chillandhiphop.com. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Services infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated address set forth above.

DISCLAIMER: WE ARE NOT YOUR LEGAL ADVISOR, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND AS REQUIRED BY LAW.

13. PRIVACY POLICY

For U.S. residents, the U.S. Privacy Policy forms part of this Agreement and is incorporated herein by reference. The U.S. Privacy Policy is located Below. Privacy Policy questions concerning these Entertainment Services can be directed to: support@chillandhiphop.com.

14. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:

The name and address of the provider of the Services is MiVu, LLC Interruption Free Radio Chill & Hip Hop by email support@chillandhiphop.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

15. THE RIGHTS OF CHILL & HIP HOP

If you violate this Service Statement, and such breach is not caused by circumstances on the part of Chill & Hip Hop, Chill & Hip Hop may, taking the interest of the user in account, deny further access to the Services.

You are aware that Chill & Hip Hop may send Services-related information to you in the form of e-mails and, where you have made your mobile number available and provided consent, by text messages, as detailed further in the Privacy Policy.

16. NO WARRANTY/ LIMITATION OF LIABILITY

The Services and the Service Content are provided on an “as is” and “as available” basis without any warranties of any kind. To the fullest extent permitted by applicable law, Chill & Hip Hop disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose. Chill & Hip Hop reserves the right to change functionality and content offered under the Services on an ongoing basis.

To the fullest extent permitted by applicable law, Chill & Hip Hop makes no warranties or representations about the Services or Service Content, including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. Chill & Hip Hop shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use the Services and the Service Content is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Service Content available through the Services.

In no event shall Chill & Hip Hop be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the access, use or inability to use the Services and the Service Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of Chill & Hip Hop arising from any error or other circumstance that may give rise to liability in relation to the Services shall – except for instances of any physical harm, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Services in the relevant month.

Technical problems such as temporary non-availability of individual parts of the Services or the short-term unavailability of the whole service itself must be expected and shall not constitute breach of this Agreement. Chill & Hip Hop does not warrant that the Services will operate error-free or that the Services, its server, or the Service Content are free of computer viruses or similar contamination or destructive features. Updates to the Service may take place on a regular basis. Chill & Hip Hop reserves the right to add or remove support for specific devices. If your access or use of the Services or the Service Content results in the need for servicing or replacing equipment or data, Chill & Hip Hop shall not be responsible for those costs.

Some aspects of this Section may not apply in some jurisdictions if prohibited by applicable law. However, no provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Chill & Hip Hop’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Chill & Hip Hop’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

17. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Chill & Hip Hop harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a) your breach or alleged breach of the Agreement; (b) your access to, use or misuse of the Service Content or the Services; (c) any breach of your representations and promises set forth herein, or (d) your violation of any law or the rights of a third party. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

18. TERMINATION

We may terminate this Service Statement and suspend your access to the Services, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Services and/or Service Content, or breach of the Statement.

19. MISCELLANEOUS

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Chill & Hip Hop or between Chill & Hip Hop and any other user of the Services. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Chill & Hip Hop unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Chill & Hip Hop intends to rely on this Agreement, including the applicable Privacy Policy, and any notices regarding the Services sent to you or posted on the Services. If you require any changes to the Agreement, such changes must be expressly agreed to by you and Chill & Hip Hop in writing. This will help avoid any problems about what you expect from Chill & Hip Hop and what Chill & Hip Hop expects from you.

The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.

Privacy Statement

MiVu, LLC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for imivu.com, mivu.photos, mivu.us, mivu.com.br and mivu.com.bz.

USE OF PERSONAL INFORMATION

Any personal information provided by visitors to MiVu, LLC will be provided on a completely voluntary basis. No information about visitors to this site or customers of MiVu, LLC shall be sold or released to any third parties without prior consent, except as required by law.

Information provided to MiVu, LLC by its clients will be used solely for the purposes of account administration and billing. When necessary, contact information is used to get in touch with the client from time to time. All correspondence will be related to the client's account; no unsolicted bulk E-mail will be sent.

MAILING LISTS, DISCUSSON GROUPS, SUBSCRIPTIONS

You will not under any circumstances be added to any mailing lists without your express consent. If you do decide to subscribe to any of our mailing lists or discussion groups, you may opt-out, or unsubscribe at any time using the simple procedure outlined when you subscribe.

USE OF COOKIES

We do make use of Internet Cookies for the sole purpose purpose of granting access to the client areas of our web-based services. These cookies do not persist across sessions, and are used solely for authentication purposes.

LOGGING OF PERSONAL INFORMATION

Like all Internet servers, our web server records the date, time, and IP address of all connections made to our site. Except in cases of abuse to our system, we do not make any attempt to associate these IP addresses with individual users. These logs are used to generate aggregate reports of website usage. These reports do not contain any personally identifiable information.

THIRD PARTIES

We do not make use of any third-party advertising schemes on our main website, imivu.com. We do not allow downloads and/or cookies from any third-party websites or advertisers on our site. In rare instances, links to third parties, e.g., ASCAP, BMI, are provided within the descriptions of product and service offerings. By clicking on these links, visitors are redirected to the third party for informational purposes only and not as an endorsement or indication of a business relationship.

Related, mivu.photos, one of the MiVu, LLC sites, will contain links to other sites which are not under our control. mivu.photos does feature advertisers . MiVu, LLC is not responsible for the privacy practices or the content of such third party websites.