TERMS AND CONDITIONS - September 1. 2010
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Legio Media (LM) provides the service for secure distribution of digital content on internet. The content provider (CP) may use this service on the terms and conditions given below. The service is activated by CP when opening an account in the system, and following the instructions given. By doing so, CP automatically agrees to the terms and conditions for using this service (Agreement).
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LM may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at LM's web site or at any other location designated at said site. Therefore, it is CP's responsibility to monitor this Agreement on-line. LM agrees to give written notice, via email to the primary email address on record, of any material changes that affect the length, pricing, privacy, or cancellation of this Agreement. If CP does not agree with the terms and conditions in this Agreement, CP must immediately cease the use of LM's service.
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LM does not actively monitor CP's material nor does LM exercise any editorial control over the content of any material that CP uploads into LM's service. However, LM reserves the right to remove any and/or all of CP's material from LM's service that are, in LM's discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject LM to liability. Upon removal of the material, LM shall notify CP of the removal of the materials, as well as the reason for removal. In no instance shall LM be liable for the removal of the materials.
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LM provides best efforts to ensure integrity and security of CP’s media, including the use of automated tape-back up systems, secure servers, and restricted access to back office systems. However, such procedures cannot guarantee complete security and integrity of media. Therefore, LM makes no guarantee and assumes no liability for the security of any media on any server including "secure servers."
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In the event that they are applicable, CP shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of LM's services.
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The cost of using LM’s service consists of a monthly membership fee, and a commission of sold licenses, as specified on LM’s web site, if nothing else is agreed upon in writing.
The membership fee is prepaid and gives CP the right to use the system for one month. CP accepts that LM has the right to charge this from CP’s credit card on record each time the membership is due for renewal, until the membership is cancelled by CP.
In cases where LM’s payment service is used, payment from the end user is channelled through a client bank account in the name of LM. The settlement between LM and CP is done once every calendar month, as long as the CP's balance is not exceeding 1000 Euros and not exceeding 1000 U.S. Dollars, or nothing else is agreed upon in writing. Details of the settlement are sent to CP’s email address on record and are listed in the VideoReady/LM web administration.
In the course of the first 7 business days in every month, LM transfers CP’s share of the end user payment, accumulated for the previous month. CP accepts that LM’s commission is deducted from the total amount, including VISA and MasterCard fees as detailed in section 7. The transfer of the remaining is then done to CP’s bank account on record.
If the CP’s balance on LM’s client account exceeds 1000 Euros or 1000 U.S. Dollars between settlements, the
settlement period is adjusted accordingly. The settlement period is automatically adapted to
the actual turnover, and could thus be once a week, but no more than once a day.
In cases where LM’s payment service is not used, including PayPal and custom payment solutions, LM has the right to deduct LM’s commission of sold licenses the previous month from the settlement. If the settlement total amount is negative, LM has the right to charge CP’s credit card on record for LM’s commission of sold licenses the previous month.
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LM has the right to deduct the VISA and MasterCard fees in the settlements, as listed below.
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At any time, and without cause, usage of LM’s service may be cancelled by CP by simply deactivating the account in LM’s system. Termination of CP’s account in LM’s system will then be implemented after the next settlement.
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Disclaimer of Warranty. LM WARRANTS THAT THE SERVICE WILL OPERATE SUBSTANTIALLY IN CONFORMANCE WITH THE SPECIFICATIONS DEPICTED IN THEIR PACKAGE. TO THE EXTENT PERMITTED BY LAW, LM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.