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TERMS & CONDITIONS

Regulations on providing services by electronic means
I. General Provisions

1.1.These regulations determine the rules of providing services by electronic means (hereafter the 'Services') with the use of World Wide Web service: www.vh1e.com (hereafter the 'Service').

1.2.The service provider is MTV Networks Polska sp. z o. o. with its registered seat in Warsaw, Trinity Park III
49 Domaniewska St., entered into the register of entrepreneurs held by the District Court for the City of Warsaw , XIII Commercial Division of National Register Court with KRS number: 0000130592 (hereafter the 'MTV'). Its capital share amounts to 366,125 PLN, with tax identification number (NIP) 951-19-90-066.

1.3.These regulations are the regulations (hereafter the 'Regulations') mentioned in the section 8 of the Act of 18 July 2002 on providing services by electronic means (J.L. 2002 no. 144, pos. 1204 with changes.).

1.4.Every person entering the Service (hereafter the 'User') can use the service in accordance with the principles set forth in theses Regulations.

1.5.MTV provides the following Services:

a)giving information on VH1 channel (news);
b)giving information on VH1 programs with up-to-date schedules;
c)giving country cable information regarding channel frequencies or cable TV operators that provide the VH1 channel transmission;
d)giving information on artists' discographies and biographies;
e)keeping and updating records, in particular of music videos and music albums;
f)keeping a history in music calendar- On this Day;
g)conducting competitions;
h)placing the comments of the Users, in a place provided for it in the Service;
i)running VH1 Jukebox- where the Users can vote for the best music videos;
j)sending newsletters to the Users;
k)?share your music experience'.

1.6.The Services are designated:

a)in the scope mentioned in the section 1.5 a) to g) for all the Users of the Service, in particular registering of the User in the Service is not required;

b)in the scope mentioned in the section 1.5 h) to l), for the Users, who correctly registered in the Service, and also logged in the Service based on principles specified in chapter II of these Regulations, furthermore the chapter IV of these Regulations specifies the rules of using ?share your music experience' service.


1.7Proper use of the Services is possible using the latest build of internet browsers from Internet Explorer, Firefox Mozilla or Opera integrated with a flash software plug-in or associate flash program.

1.8The Services are provided with the use of MTV's teleinformatic system and using the Services involves MTV installing ?cookies files' in the User's computer system.

1.9Cookies files are installed to keep the statistics and also to identify the User's computer in order to ensure that the User's account is used by the person who enters the right email address and assigned password.

1.10The Services provided are free of charge.

II. Registration of the User

2.1.Full access to the Services specified in the sections 1.5 h) to l) is possible after completion of the registration process (in the service) in accordance with provisions of these Regulations.

2.2.Registration of the User within the Service, as well as opening the User's account, ensues by way of filling in the registration form made accessible on one of the Service's web sites, after filling in proper blanks in the form and pressing the ?OK' button.

2.3.Filling in the registration form requires giving the following data by the User:

a)e-mail address.
b)password;
c)the User's country

MTV reserves the right to enlarge the form with additional blanks. Filling such blanks is facultative i.e.: User's sex, age and avatar.


2.4.While filling in the registration form the User must tick the appropriate field which is tantamount to:

a)confirming by the User that he/she familiarized oneself with the Regulations' content and accepts its resolutions;
b)the User's approval to receive from MTV, on the email address given in the form, a newsletter, commercial information by electronic means and a bulletin, mentioned in section 2.6 of these Regulations.

2.5.After the registration the User receives an email message, on the email account specified in the registration form, with an activation link. Opening, by the User, the activation link in the internet browser is necessary to activate the User's account and to gain access to the Services mentioned in the sections 1.5 h) to l).

2.6.After the registration, the User receives, monthly, on the email account specified in the registration form, a bulletin on the newest VH1 programs, recommended events or special campaigns.


2.7. MTV reserves a right to send the bulletin more frequently than once a month.

2.8.The User is obliged to :

a)give the accurate, exact and up-to date data/information, which does not mislead or violate third party rights
b)keep the password confidential and not reveal it to third parties

2.9.The User takes the sole responsibility for giving others own password and for the content of the given data.

III. Using the Services

3.1.The User takes full responsibility for placing the content, in particular comments, communicates and Materials (mentioned in chapter IV of these Regulations) by means of the Service.

3.2.In case of third parties raising claims against MTV for infringing third party rights by disseminating the content, while using the Service by the User, the User is obliged to indemnify damages suffered by MTV in connection with the claims, including the actual costs of the legal service.

3.3.MTV informs that the content, placed while using the Service, is archived for the purpose of complains procedure or possible disputes connected with infringing third party rights. MTV informs that the content, placed while using the Service, shall be deleted not before due of the limitation period of possible third parties' claims.

3.4.MTV informs that placing, within the framework of the Services, the content which violates legal regulation in force or violates human dignity is prohibited, in particular:

a)enclosing obscene or vulgar content;
b)calling to hatred, especially in connection to race, sex, nationality, national status, sexual orientation, offending religious beliefs or questioning atheism;
c)propagating Nazi ideology, communism, apartheid or questioning historical truth;
d)aiming at personal rights of any of the third parties;
e)violating third party intellectual property rights, including the rights to trademark or some other distinguishing marks as well as the copyrights and related;
f) promoting, instructing or encouraging to crime actions, including cracking and phreaking;
g)presented in a way threatening proper function of teleinformatic system, through which the Service is provided.

3.5.MTV informs that placing, within the framework of the Services, the content which can be a violation of privacy or can make using the Service by other Users difficult is prohibited, in particular:

a)containing third parties' private data, in particular first and last name or address;
b)containing other data that can violate third parties' privacy or their vital interests such as telephone number, email address or credit card number;

3.6.MTV informs that placing promotional content, within the framework of the Services, is prohibited.

3.7.MTV informs that placing the data mentioned in the section 3.5 a) and b) by the User is connected with a big danger of violating the User's privacy or his/her vital interests by third parties. MTV is not responsible for any consequences of publicizing the above mentioned information by means of the Service.

3.8.MTV reserves the right of temporary or permanent exclusion of those Users who glossily or persistently violate these Regulations' resolutions.

3.9.The User who learns that any content placed in the Service by another User is inconsistent with these Regulations can report that fact to MTV by sending an email to: feedback@vh1e.com MTV informs that in case of beginning suspicions or discovering inconsistency between placed content and these Regulations, especially with sections from 3.4 to 3.6, it is entitled to remove the content.

IV. 'Share Your Music Experience' Service

4.1.Using ?share your music experience' Service, mentioned in the section 1.5. l) is set by the rules of these Regulations and in accordance with the principles set forth in this chapter.

4.2.Within the framework of the 'share your music experience' Service the User can send and place in the Service information about artists, comments, memories connected with music, pictures, texts or video films (hereafter the ?Materials').

4.3.Materials placed by the User in the Service are placed based on the section 14 of the Act of 18 July 2002 on providing services by electronic means.

4.4.The User is the administrator of personal data, which can be placed by the User in the Service. The User declares that fulfilled all duties in regard to processing personal data according to Act of August 29, 1997 on the Protection of Personal Data.

4.5.The User can place in the Service Materials of only own authorship or to which the User has an unlimited in time and space or unlimited by some rights of third parties' copyright, neighboring rights, the rights of publicity or all the other intellectual property rights in the scope that enables the User to place them in the Service according to these Regulations.

4.6. Sending or placing Materials in the Service by the User is equal with accepting these Regulations' resolutions.

4.7.The User declares and guarantees that he has the copyright, neighboring rights, the rights of publicity and all the other intellectual property rights in regard to the Materials placed by the User in the Service. The above mentioned rights to the Materials are entitled to the User without reservation and limitations and do not violate third party rights or do not contain illegal content. Therefore the User takes full and sole responsibility for placing all Material in the Service.

4.8.The User declares and guarantees that he/ she will not send or place the Materials which are the subject of third parties' property rights (and also the rights of publicity) unless the User has an official license or the consent from the entity entitled to place the aforementioned Material.

4.9.MTV reserves the right to remove particular Material from the Service, without noticing this fact to the User, if MTV will be given an official or other reliable notice concerning an illegal character of the Material or illegal actions related to this Material, and in particular when MTV will be given or will obtain a notice saying that the Materials:

a)violate or can violate applicable law or human dignity;
b)call to hatred, especially in connection to race, sex, nationality, national status, sexual orientation, offend religious beliefs or questioning atheism;
c)propagate Nazi ideology, communism, apartheid or questioning historical truth;
d)aim at personal rights of any of the third parties;
e)violate third party intellectual property rights, including the rights to trademark or some other distinguishing marks as well as the copyrights and related;
f) promote, instruct or encourage to crime actions.

4.10. MTV reserves the right to remove particular Material from the Service, without noticing this fact to the User, if it does not meet standard specifications, described on the webpage, as well as the right to resign in any time from providing the User with the access to the Service consisting in sending or placing the Materials.


V. MTV's Responsibility

5.1. MTV does not take responsibility for the content of the comments and communicates placed by Users.

5.2.With the reservation of section 1.7, MTV shall apply the highest diligence to make using the Services possible for all the Users of popular types of computers, operational systems and internet browsers, yet it does not guarantee and is not responsible for the Service's effectiveness.

5.3.MTV obliges to apply the highest diligence in order to provide, every time, a full and uninterrupted Service, but does not guarantee and does not take responsibility for the Service's accessibility. MTV also reserves the right to change, recall, suspend or discontinue any function or the Service's competence in whichever scope or time.

5.4.MTV informs that the change, recall, suspension or discontinuation of any function or the Service's competence does not require any previous announcement.

5.5.MTV does not take responsibility for damages caused by the wrong use of the Services by the User or other Users, caused in particular by using the Services in an inconsistency with these Regulations' resolutions.

5.6.MTV does not take responsibility for problems on using the Services if they resulted from incidents that MTV, with its utmost diligence, could not predict and prevent as well as misfortunes beyond its control.

5.7.MTV processes Users' data, including personal data, in respect to the applicable law, in particular according to Act of August 29, 1997 on the Protection of Personal Data (uniform text: J.L. 2002 nr 101, pos.926 with changes) and also with the Act of 18 July 2002 on providing services by electronic means (J.L. 2002 no. 144, pos. 1204 with changes.), with the use of required by law protection.

5.8.The User's data shall be kept not longer than necessary for the purpose of the Service and will be removed afterwards.

5.9. The User has got the right to access, change and complete own personal data as well as the right to request MTV to stop processing the data and to remove it. Once MTV removes the data, which enable the User to use the Service's resources, the User loses the access to The Service and its resources.

5.10.MTV declares that it has never and will never obtain any information on the User's nicknames, passwords and other confidential information by means of the Service. MTV requests to be given any information in case of noticing when someone poses as MTV's administrator trying to collect the above mentioned information by means of the Services using email address: feedback@vh1e.com.

VI.Complaints

6.1.All complaints connected with the Service and questions on using the Service should be addressed to: feedback@vh1e.com.

6.2.The complaint has to contain at least: first and last names, nickname, given in the registration form, the exact address of the one who makes the complaint as well as the precise description and the reason of the complaint.

6.3.The complaints shall be investigated within 14 days as of its receipt.
6.4.The person who lodges the complaint shall be informed on the manner of dealing with it, the same way the complaint was lodged or by mail on the address given in the complaint.

6.5.The investigation of the complaint by MTV is final and the User cannot appeal.


VII. Final Provisions

7.1.The law governing these Regulations' obligations is Polish law.

7.2.All of the disputes/arguments, coming from the Regulations shall be settled by the Court competent for MTV's registered seat.

7.3.MTV reserves the right to change these Regulations at any time. The changes shall enter into force since the moment of placing them on the Service's site. MTV considers the changes as being accepted by the User upon his/her first access to the Service.

7.4.The Regulations function in two language versions: Polish and English however in case of possible discrepancies the Polish version of these Regulations is binding.

7.5.The Service's Users have free of charge access to both language versions of these Regulations at any time by following the appropriate link visible on the front page of the Service, in the form that enables its downloading, saving and printing.

 

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