INTRODUCTION

Thank you for visiting www.mpls.tv (the “Site”), which is owned and operated by MPLS.TV, LLC and its affiliated companies (collectively, “MPLS.TV”). By accessing this Site you (a) represent and warrant to MPLS.TV that you have the right, authority and capacity to agree to and abide by these terms and conditions; (b) agree to be bound by these terms and conditions and all applicable laws, rules and regulations; (c) acknowledge that your access to and use of this Site may require that you submit to MPLS.TV certain non-public, personal information; (d) authorize MPLS.TV to utilize such non-public, personal information pursuant to the terms herein; and (e) acknowledge that MPLS.TV’s obligations with respect to its products and services shall be governed solely by the agreements under which such products and services are provided. If you do not agree to the foregoing, do not attempt to access or use this Site.

PERSONAL INFORMATION

Any personal information (“PII”) you submit to MPLS.TV through the website or via the “Contact Us” page will be used by MPLS.TV in accordance with MPLS.TV’s Privacy Policy (the “Privacy Policy”). MPLS.TV reserves the right to disclose any PII to fulfill its legal responsibilities, to defend MPLS.TV’s rights or property, whether real, personal or intellectual, or respond to an emergency situation.

If you are concerned about the use of your PII disclosed to MPLS.TV or would like to review, update or delete such PII, please contact us via the “Contact Us” page or as follows:

MPLS.TV, LLC

726 Central Avenue SE

Minneapolis, MN 55414

INTELLECTUAL PROPERTY RIGHTS

All content included on this Site, such as trademarks, service marks, names, titles, text, graphics, logos, images, website designs, assemblies and arrangements (collectively, “MPLS.TV Content”), is owned and/or used by MPLS.TV, and is protected by the laws of the United States and other countries. Permission is given to view, copy, download, print and distribute materials on this Site solely for informational, non-commercial uses, provided that any copy shall include MPLS.TV’s copyright and other proprietary notices. All other uses, republication, or redistribution of MPLS.TV Content, including by framing, mirroring or similar means, is prohibited without the prior written consent of MPLS.TV. Other brand and product names are or may be trademarks of, and are used to identify products and services of, their respective owners. The absence of an identification of a third party mark or the lack of attribution of ownership of such mark on this Site should not be construed as any claim of rights by MPLS.TV. BY FURNISHING INFORMATION ON THIS SITE, MPLS.TVDOES NOT GRANT ANY LICENSE TO ANY TRADEMARKS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

USER CONTENT AND SUBMISSIONS

You are solely responsible for the following information that you submit to post or have submitted to post in the past to the Site to be viewed by other users of the Site (collectively, “User Content”): messages, audio, video, photos, text, images, compilations or other information. You agree that in submitting for posting such User Content or otherwise using this Site, you will not impersonate any person, or submit any materials to MPLS.TV that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these terms and conditions.

By submitting User Content, you hereby grant to MPLS.TV a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, display and otherwise exploit such User Content as MPLS.TV deems appropriate from time to time. MPLS.TV may review and remove any User Content that, in its sole judgment, violates these terms and conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of this Site. MPLS.TV reserves the right to expel users and prevent their further access to this Site for violating the terms and conditions set forth herein or applicable laws, rules or regulations. MPLS.TV may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for MPLS.TV, damage MPLS.TV’s brand or public image, or cause MPLS.TV to lose (in whole or in part) the services of its internet service providers (“ISPs”) or other suppliers.

The following is a partial list of User Content that is prohibited on this Site. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password only access pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 years in a sexual, violent or other manner, or solicits personal information from anyone under 18 years;
  • provides instructional information about illegal activities or other activities prohibited by these terms and conditions, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media, MPLS.TV Content or User Content; and/or
  • solicits passwords or personal identifying information from other users of this Site.

 

We appreciate hearing from our users and welcome your comments regarding our services and this Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services. If you send us any creative suggestions, ideas (including those ideas posted to any and all collaborative forums hosted by the Site to evaluate current and potential content on the Site), concepts or other information that is intended to provide comments regarding the services and content for the Site (collectively, the “Submissions”), the Submissions shall be the sole property of MPLS.TV. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. MPLS.TV shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. MPLS.TV may, in its sole discretion, remove any User Content or Submissions from the Site.  The violation of any of these terms shall result in the immediate revocation of your right to use the Site and obligates you to immediately destroy any copies of any Site content in your possession

WARRANTY DISCLAIMER

MPLS.TV USES REASONABLE EFFORTS TO INCLUDE ACCURATE, COMPLETE AND CURRENT INFORMATION ON THIS SITE, HOWEVER, MPLS.TV DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, CURRENT OR FREE OF TECHNICAL OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED SOLELY ON AN “AS-IS” BASIS. MPLS.TV MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCESS TO, AND USE OF, THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. MPLS.TV DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENTS OF ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, MAINTENANCE, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA IN CONNECTION WITH YOUR USE OF THIS SITE, AND MPLS.TV WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

MPLS.TV MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS SITE. IN ADDITION, A LINK TO A NON-MPLS.TV WEBSITE DOES NOT MEAN THAT MPLS.TV ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEBSITE. IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF ITEMS SUCH AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

LIMITATION OF LIABILITY

UNDER NO EVENT SHALL MPLS.TV BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MPLS.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MPLS.TV, and its officers, directors, employees, agents and representatives, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, arising out of or resulting from (a) your submission of any User Content and/or Submissions and the use thereof by the Site and MPLS.TV; (b) your use of the MPLS.TV Content; or (iii) your breach of the terms and conditions set forth herein.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use this Site for any purpose that is unlawful or prohibited by the terms set forth herein. You may not use the MPLS.TV Content in a manner that suggests any association with or endorsement of any product or service, or which violates any property, privacy or other rights.

GENERAL

MPLS.TV makes no claims that the Site or the MPLS.TV Content may be lawfully viewed or accessed outside of the United States. Access to the Site or the MPLS.TV Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of the State of Minnesota, without regard to its conflict-of-laws principles. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the federal or state courts located in the State of Minnesota and you irrevocably agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term set forth herein shall be deemed a further or continuing waiver of such term or any other term. In addition, MPLS.TV’s failure to enforce any term set forth herein shall not be deemed as a waiver of such term or otherwise affect MPLS.TV’s ability to enforce such term at any point in the future.

TERMS OF USE REVISIONS

MPLS.TV reserves the right to make changes and updates to any information contained within this Site without prior notice. MPLS.TV may also make improvements and/or changes in the products and services described in this information at any time without notice.

Copyright © 2011 MPLS.TV, LLC. All rights reserved.