Commercial proposition

TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (the “Terms”) carefully before using this Ministra Player application (hereinafter – the “Application”). By using the Application, you agree to be bound by these Terms. If you do not agree to these Terms or any portion thereof, you are prohibited from using the Application.

1. PERMITTED USE

1.1 Subject to these Terms, the company Progressive Technology – F.Z.E (hereinafter referred to as “Licensor”), having its address at: United Arab Emirates, Ajman, Sheikh Rashid Bin Saeed Al Maktoum Street, Ajman Free Zone, Warehouse B1-40, P.O. Box 45573, grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Application on a single device and solely for the intended purpose of the Application within its designed functionality.

1.2 In order to have access to the full functionality of the Application, you shall enter a license key, which is subject to a fee and shall be additionally purchased. You understand and agree that the purchase of a license key will be necessary to use the Application.

1.3 You may not, and you agree not to or enable others to, modify, copy (except as expressly permitted by these Terms), decrypt, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the Application or any services provided by the Application or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).

1.4 You may not rent, lease, lend, sell, redistribute, or sublicense the Application.

1.5 You shall promptly report any errors in the operation of the Application to Licensor. You shall immediately notify Licensor of any third party infringement on the Licensor’s rights in the Application of which you may become aware.

1.6 Are agree that Licensor may from time to time automatically update the Application.

2. CONTENT

2.1 Any content (data file, text, software, music, phonograms, audio files, photos, videos, television channels, radio stations, or any other form of audiovisual data) displayed by, stored on, or accessed through the Application belongs to the respective content owners. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. The Application may be used to reproduce content so long as such use is limited to reproduction of non-copyrighted content, content in which you own the copyright, or content you are authorized or legally permitted to reproduce. You further acknowledge that you understand Licensor is not responsible for examining or evaluating the content in any way, and it is your sole responsibility to abide by any applicable intellectual property and other laws and regulations.

2.2 Licensor does not warrant that any specific IPTV, OTT, VoD service will be accessible through the Application. Licensor will not be liable for any damages in case of temporary or permanent inaccessibility of any IPTV, OTT, VoD service through the Application, including access restriction due to copyright infringement report with regard to such service.

2.3 You understand that by using the Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Application at your sole risk, and that Licensor, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

3. REPRESENTATIONS AND WARRANTIES

3.1 THERE IS NO WARRANTY FOR THE APPLICATOIN TO THE EXTENT PERMITTED BY THE APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE APPLICATOIN IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE OR NONINFRINGEMENT UPON THE PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATOIN IS WITH YOU. SHOULD THE APPLICATOIN PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL THE NECESSARY SERVICING, REPAIR OR CORRECTION. LICENSOR MAKES NO WARRANTY THAT THE APPLICATOIN AND ALL OTHER MATERIALS RELATED THERETO WILL MEET YOUR SPECIFIC OBJECTIVES OR NEEDS OR THAT THE SAME WILL BE FREE FROM ERRORS OR BUGS. LICENSOR MAKES NO WARRANTY THAT THERE WILL BE UNINTERRUPTED OPEATION OF THE APPLICATOIN. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN INTEGRAL PART OF THESE TERMS.

3.2 IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATOIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES INCURRED BY YOU OR THIRD PARTIES OR A FAILURE OF THE APPLICATOIN TO OPERATE WITH ANY COMPUTER PROGRAMS), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts or government bodies shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Application. If there is a mandatory minimum level of liability, this mandatory minimum level shall apply taking into account the absolute waiver of all civil liability in connection with the Application.

4. TERMINATION

4.1 In the event that you (i) breach any of the terms and conditions of these Terms, or (ii) use the Application in a manner which is inconsistent with the license granted to you pursuant to these Terms, or (iii) use the Application in a manner which is inconsistent with its functionality or intended purpose, or (iv) attempt to assign, transfer or sublicense the Application or any portion thereof to any third party without the consent of Licensor which may be withheld, delayed, denied or conditioned by Licensor in its sole discretion, then Licensor may terminate these Terms immediately upon the provision of notice to you. Upon termination of these Terms, you shall delete, uninstall and cease using the Application in any manner.

5. INJUNCTIVE RELIEF

5.1 You acknowledge and agree that an actual or threatened violation by you of these Terms will cause Licensor immediate and irreparable harm and injury which cannot be fully compensated by an award of damages or other remedies at law. Accordingly, you acknowledge and agree that in such case, Licensor shall be entitled, as a matter of right, to an injunction from any court of competent jurisdiction restraining any further violation by you of these Terms; such right to an injunction shall be cumulative and in addition to, but not in limitation of, any other rights that Licensor may have at law or in equity.

6. PRIVACY POLICY

6.1 When you fill out the form Feedback in the Application interface, Licensor (‘we’, ‘our’, ‘us’) collects your email, device model and the version of the Application. We collect this information in order to be able to analyze your request and provide you a response to perform the contract (the Terms).

6.2 We retain the collected information as described above for archive purposes in order to be able to keep track of various requests and problems connected to the Application for the term of this Application maintenance based on our legitimate interests.

6.3 Data subjects residing in certain countries, including the EU, are afforded certain rights regarding their personal information, subject to exceptions and exemptions set out in the applicable legislation. To exercise your rights, you can contact us at our email dataprivacy@infomir.com. These rights include:

· Access to your data. You can clarify whether your data is being processed and ask us for a copy of your personal data in machine-readable form.

· Change or correct your data. You can ask us to change, update or fix your data in certain cases, particularly if it is inaccurate.

· Restrict processing or delete your data. In some cases, you can ask us to restrict processing of your data or delete all or some of your personal data.

· Object to processing. If you believe that the collection or processing of your data is unlawful on grounds related to your situation, you can object to such collection or processing.

· Data portability. In certain cases, you can transmit your data collected for to another controller or ask us to transmit your data to another controller.

· File a complaint with a supervisory authority. You may have the right to file a complaint with a relevant supervisory authority if you believe that your data protection rights are being infringed.

· Right to object to automated decision-making. You have the right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you.

6.4 While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in its care, is absolutely safe from intrusion by others. We will respond to requests about this within a reasonable timeframe.

6.5 We do not knowingly collect personal information from natural persons under 18. If we become aware that a natural person under 18 has provided us with personal information, we will take steps to delete such information. If you become aware that such a person has provided us with personal information, please contact us promptly.

6.6 We may change this Privacy Policy from time to time. We will let you know of any changes and their effective date.

6.7 If you have any questions or complaints regarding this Policy or you want to exercise your data protection rights, you can communicate with us at the email address dataprivacy@infomir.com or by post at the addresses below:

Licensor: Progressive Technology – F.Z.E, address: United Arab Emirates, Ajman, Sheikh Rashid Bin Saeed Al Maktoum Street, Ajman Free Zone, Warehouse B1-40, P.O. Box 45573. EU representative: Infomir OÜ, address: Rävala pst. 8, kabinet A312, Tallinn 10143, Estonia.

7. NO LIABILITY FOR THIRD PARTY CLAIMS

7.1 Licensor shall not be liable for claims made against Licensor or you arising out of your use of the Application and any materials related thereto and you hereby agree to indemnify, defend and hold Licensor and its affiliates, officers, directors, shareholders, employees and agents harmless from and against any and all claims of every nature or type, that may be brought or asserted against Licensor or any of Licensor’s affiliates, officers, directors, shareholders, employees and agents by any other party arising out of (i) your use of the Application and/or any materials related thereto, or (ii) your breach of your obligations, duties and responsibilities under these Terms, or (iii) any breach or default under any representations, warranties, guaranties or other written or oral statements made by or on behalf of you or any person under your control, including, without limitation, your agents.

8. NOTICES

8.1 You consent to receive notices that may be required or desirable to give under these Terms or in connection with it electronically by email or through the Application interface. Alternatively, Licensor may notify you by placing a notice on the website https://www.infomir.eu/. You agree that any such notices that Licensor sends you electronically or places on the website will satisfy any legal communication requirements. Any notice required to be given to Licensor under these Terms or in connection with it shall be given be given to the Licensor’s address indicated in clause 1.1 of these Terms. Any notification given under or in connection with these Terms shall be made in English.

9. GOVERNING LAW. JURISDICTION

9.1 These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the conflict of law principles thereof.

10. NO ASSIGNMENT

10.1 Neither these Terms nor any interest in these Terms may be assigned or sublicensed by you without the prior express written approval of Licensor, and any attempt by you to assign or sublicense these Terms or any interest herein without the prior express written approval of Licensor shall be null, void and of no force and effect.

11. ENTIRE AGREEMENT. MODIFICATION

11.1 These Terms constitute the entire agreement between the parties hereto and terminate and supersede all prior understandings or agreements on the subject matter hereof. These Terms may be modified by Licensor at any time by providing to you a notice to this effect. Any further use of the Application will be subject to such modified Terms, and in case you do not accept these modified Terms, you will not be able to continue the use of the Application.

12. SEVERABILITY

12.1 If any provision of these Terms is found by a court of competent jurisdiction or other valid tribunal to be invalid or otherwise unenforceable, the invalid or unenforceable provision shall be deemed amended to remove such provision, and the remaining Terms will be construed to give maximum effect to the intention of the parties; in this event Licensor shall also have the right to terminate these Terms immediately upon the provision of notice to you.

13. SURVIVAL. NO WAIVER

13.1 Sections 1.3, 1.4, 3, 5, 6, 7, 8, 9 shall survive any termination or expiration of these Terms.

13.2 No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach by a party.

14. HEADINGS. INTERPRETATIONS

14.1 Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent. Except as otherwise provided herein, words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other member, singular or plural, and any other gender, masculine, feminine or neuter, as the context indicates as appropriate.



Privacy Policy

This Privacy Policy will be effective as of May 25, 2018.

What This Policy Covers

We respect the confidentiality of your personal data and take measures to safeguard it. This Policy describes the information we collect, how we use that information, our legal basis for doing so, and your rights regarding the information we collect. We also use cookies and similar technologies, as described in our Cookie Policy, which is an integral part of this Privacy Policy.

We use cookies in order to optimise our website, provide you with the best possible user experience and help us promote our products. Please read our Cookie Policy to find out how we use cookies and how you can control cookies.
By using this website or closing this message, you acknowledge our Privacy Policy and agree to our use of cookies as described in our Cookie Policy.

Commercial proposition

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