These Terms of Use ("the Terms") set forth the general terms and conditions of your use of the aengietv.com website ("Website"), "AEngieTV" mobile application ("Mobile Application") and any of their related products and services (collectively, "the Services"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you confirm that you are at least 18 years of age. If you create a user account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Privacy
The AEngieTV Privacy Statement describes how we will protect your privacy and handle your personal information when using our Website and the Mobile Application. By using the Website or Mobile Application, you agree that AEngieTV can use such information in accordance with this policy.
User content
You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted data, information or material (collectively, "Content"). We may monitor and review the Content on the Services submitted or created using our Services by you. We have a zero-tolerance policy with respect to harmful and objectionable Content. We may refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Should we get reports of objectionable Content, we will remove any such verified Content (normally within 24 hours) and we will block the user who provided it.
You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account as required for the purpose of providing the Services to you. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Advertisements
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through or in conjunction with the Services. Any such activity, and any terms and conditions associated with such activity, is solely between you and the applicable third party. We have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Services may link to third party resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to third party resources is at your own risk.
Prohibited uses
We do not claim any ownership rights in any images, photos, video, sounds or other Content that you upload or otherwise provide to the Website or the Mobile Application. Notwithstanding any other restriction in these Terms, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit computer viruses or any other type of malicious code that may affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, scrape or any other unlawful or unethical activity; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms does not transfer to you any intellectual property owned by Mustang AEngie or third parties, and all rights, titles, and interests in and to such property will remain solely with Mustang AEngie or its licensors. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks of Mustang AEngie or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Mustang AEngie or third party trademarks.
Disclaimer and Limitation of Liability
You agree that such Service is provided on an "as is" basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Mustang AEngie and its affiliates, be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mustang AEngie and its affiliates relating to the services will be limited to an amount greater of one (1) Euro or any amounts actually paid in cash by you to Mustang AEngie for the prior one-month period prior to the first event giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
About these Terms
We reserve the right to modify these Terms from time to time at out sole discretion, by posting an updated version of these Terms on our Website. Continued use of the Services after any such changes shall constitute your consent to such changes.
These Terms are governed by the laws of France, excluding any conflict of laws rules or principles. If there is any dispute relating to the Website, the Services or these Terms, the exclusive jurisdiction and venue will be in Paris, France.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.
If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may send an email to support@aengietv.zohodesk.eu.
This document was last updated on October 6, 2021