Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services ("Services") listed on our website www.mydeo.com (our site) to you. Please read these terms and conditions carefully before subscribing for any Services from our site. You should understand that by subscribing to any of our Services, you agree to be bound by these terms and conditions. If you do not understand these Terms or any part of them, please seek independent advice and if you still do not understand you may contact Mydeo by post to Mydeo Limited, Collingham House, 10-12 Gladstone Road, Wimbledon, SW19 1QT, UK. If you do not accept or do not understand these Terms you may not use any part of Mydeo.com on any computer and will not be able to subscribe to any of our Services. By placing an order through our site, you state that you are: (a) legally capable of entering into binding contracts, (b) at least 18 years old

You should print a copy of these terms and conditions for future reference.

Mydeo.com is an online utility operated and owned by Mydeo Limited ('Mydeo'), comprising streaming media hosting and delivery services and applications, the website www.mydeo.com and all information and materials published or otherwise distributed in or using it ('Mydeo.com') that enable users authorised by Mydeo in accordance with these Terms to access software and applications that enable them to upload their digital media files for the purpose of internet delivery via Limelight Networks Content Delivery Network Infrastructure  ("Delivery"). We are registered in England and Wales under company number 04966689 and with our registered office at Mydeo Limited, Collingham House, 10-12 Gladstone Road, Wimbledon, SW19 1QT, UK. Our VAT number is 832 4879 06 
 
1.1 Mydeo is engaged in the business of providing media hosting and delivery services to persons who need the ability to deliver media files on but not limited to : their personal or business websites, blogs, web spaces or other internet destinations or in emails ("Services").

2.1 After subscribing to our Services by registering your details, you will receive an e-mail from us acknowledging that we have received your request for Services. The contract between us (Contract) will only be formed when we send you the Confirmation asking you to validate your email address. 
2.2 The Contract will relate only to those Services which we have sent a Confirmation. We will not be obliged to supply any other Services which may have been part of your order request until we have confirmed in a separate Confirmation these Services.

3.1 Mydeo is engaged in the business of enabling users to access and use the Services. In providing the Services Mydeo may be involved in the delivery, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the Content of the communication (the "Content"), for which it is a mere conduit. You agree and accept that Mydeo has no responsibility to review the Content of the Delivery via Mydeo.com, which is facilitated on the basis that Mydeo shall not be required to exercise any control or judgement of the Content or the material posted or contained therein. However, Mydeo shall be entitled to review any Content or emails, to cancel or remove any of the same if considered by Mydeo to be in breach of these Terms and to advise the relevant authorities, if appropriate. 
3.2 You agree, acknowledge and understand that any videos you upload via Mydeo which you make available on the web through distribution of links on websites or in emails are intended for public viewing. Videos posted on a general access website may be viewed by any other person having access to the internet. 
3.3 The views expressed or implied by any Delivery are the views of the individual user and not those of Mydeo. In particular, but without limitation to the above, Mydeo is not responsible for and disclaims all liability in respect of all and any Content expressed or implied in any Delivery. 
Mydeo has no responsibility whatsoever to any person viewing or attempting to view a video uploaded by a user through Mydeo.com ('Viewers').

4.1 Fee structures are detailed on our ‘Pricing’ page which can be found at https://m3.mydeo.com/Business/plans.aspx 
4.2 Payment for all plans is due on the first day of the month during which the services are provided. If you choose to cancel your plan, you must provide us with one month’s notice. 
4.4 For users based outside the United Kingdom or subject to tax regulation of a foreign jurisdiction Fees charged shall be as published on our ‘pricing’ page, regardless of the location of the user. Mydeo is not and cannot be aware of tax requirements in foreign jurisdictions and as such no tax contribution has been made and the user shall be liable for all and any payment required.  
4.5 Fees shall be payable prior to any use of the Service for any Subscription Plans. Any charges for usage exceeding the limitations of a plan bought will be payable on the first day of the month following the month during which the plan limits were exceeded.

5.1 The names Mydeo and Mydeo.com are trade marks of Mydeo. All such rights of Mydeo and all moral rights it has are hereby asserted and reserved. All copyright, design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore ('Mydeo Intellectual Property Rights') in Mydeo.com belong to, vest in and are the exclusive property of Mydeo, or are licensed to Mydeo unless otherwise specified. 
5.2 Mydeo does not claim any Copyright to the Content you upload to the Mydeo.com Site. By submitting Content to Mydeo you grant Mydeo a world-wide, royalty-free, and non-exclusive license to use the Content for the purposes of providing the Service. This license exists only for as long as you continue to be a Mydeo customer and shall be terminated at the time your Contract or subscription is terminated. 
5.3 You understand that in the event that you use the intellectual property rights of any third party not only may you be infringing their rights but you will also be responsible for all third party sums paid or payable in respect of such use including any sums payable to the Performing Right Society Limited, Phonographic Performance Limited, Performing Artists Media Rights Association, Mechanical Copyright Protection Society Limited, Video Performance Limited and any synchronisation and mechanical fees and payments (if any) and re-use fees and residuals (if any) and payments of any other nature whatsoever arising as a result of your use of their Intellectual Property Rights. 
5.4 You acknowledge that Mydeo does not pre-screen Content, but that Mydeo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Mydeo and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6.1.1 is unlawful or which gives rise to civil or criminal liability; 
6.1.2 invades the privacy of any third party; 
6.1.3 infringes upon the intellectual property rights of any third party. 
6.1.4 is technically harmful, such as computer viruses, worms, logic bombs or other malicious software or harmful data; 
6.1.5 is defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material whatsoever. 
6.1.6 enables third parties to commit any of the above acts.

6.2 You further agree that in any activity undertaken following use of and related to your use of Mydeo.com you will not in any way conduct yourself in a manner that is unlawful or which gives rise to civil or criminal liability or which is defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist. 
6.3 You agree to indemnify and hold harmless Mydeo against all liability it may have in respect of and arising out of your use of Mydeo.com. 
6.4 We will not be responsible, or liable to any third party, for the Content or accuracy of any materials posted by you or any other user of our site. 
6.5 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms and Conditions.

7.1.1 sublicense or deal in any intellectual property rights owned by Mydeo or its licensors without Mydeo's prior agreement in writing; 
7.1.2 modify, adapt, distribute, hack, transmit, re-use, translate or reverse engineer copy or otherwise use any or all of Mydeo.com or the information contained therein for any purpose other than as set out above or as applicable law provides otherwise. All and any modifications, adaptations or improvements shall belong to, vest in and be the exclusive property of Mydeo on creation; 
7.1.3 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Mydeo.com or any part of it; 
7.1.4 display, publish, copy, print, post or otherwise use Mydeo.com or it’s the Mydeo trademarks or any part of it or the information contained therein for the benefit of or for or on behalf of any other business, institution, organisation, website, publication or commercial service; 
7.1.5 process or otherwise use Mydeo.com for any illegal or immoral purpose nor use or process the same unfairly; 
7.1.6 alter or remove any copyright notice or other proprietary notices contained on Mydeo.com; 
7.1.7 download or print Mydeo.com or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of Mydeo.com or the material appearing in it; or 
7.1.8 reproduce any part of Mydeo.com or transmit it to or store it in any other website or disseminate any part of the material in any other form.

8.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. 
8.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. 
8.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 
8.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

We process information about you in accordance with our privacy policy which can be found at http://m3.mydeo.com/business/documents/pp_2008-05-08.htm. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

11.1.1 to provide its services with reasonable skill and care and; 
11.1.2 that Mydeo.com shall be of satisfactory quality and perform substantially in accordance with the description of the service displayed at Mydeo.com, if used properly and on the correct operating system for the purpose only of providing access to digital online streaming facilities enabling individuals and businesses to stream their videos online (together the 'Warranties')

11.2 Mydeo gives no warranties to Viewers in relation to their use of the Services or the Content or effect of any Deliveries. Viewers opt to view the Deliveries at their risk. These Terms constitute a contract between the User and Mydeo and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded from this agreement. 
11.3 Mydeo gives no other warranty in connection with Mydeo.com. 
11.4 The Warranties set out above define in full the extent of Mydeo's liability, warranties and your remedies and replace all warranties, conditions and other terms expressed or implied by statute or otherwise, all of which are now excluded to the fullest extent permitted by law. 
11.5 Save as provided in these Terms, Mydeo does not warrant that the operation of Mydeo.com will be uninterrupted or error free or that errors can be corrected. 
11.6 In no event will Mydeo be liable to you or any third party in respect of any computer system, hardware or communications system failure or for any loss or damage of any kind (except personal injury or death arising from Mydeo's negligence) including lost profits or other consequential loss arising from the use of or inability to use Mydeo.com or from errors or deficiencies in it or any computer system, hardware or communications system, whether caused by negligence or otherwise. 
11.7 The Warranties are subject to statutory and common law consumer rights, if applicable.

12.1 Our liability in connection with any Services purchased through our site is strictly limited to the purchase price of that Service.  
12.2 We will not be liable to any party (User or Viewer) for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your viewing material streamed by Mydeo, downloading of any material posted on it, or on any website linked to it. 
12.3 Subject as aforesaid, to the maximum extent permitted by law, Mydeo excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive, special or consequential loss, whether or not such arises out of any problem you notify to Mydeo, and Mydeo shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

12.3.1 any interruptions to or delays in updating or providing the Services; 
12.3.2 poor picture quality or speed of delivery due to congestion on the internet or over telephone lines or because of insufficient bandwidth of any Viewer; 
12.3.3 the infringement by any person or business of any Intellectual Property Rights of any third party caused by their use of Mydeo.com; 
12.3.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a User's or Viewer's computer equipment, software, data or other property caused by persons accessing, using or downloading Mydeo.com, or from Delivery via emails or attachments received from Mydeo or its licensees; 
12.3.5 the availability, quality, content or nature of other sites on the internet that are owned and operated by third parties ("External Sites") to which Mydeo.com links or to where links are located to videos hosted by Mydeo.com and websites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, websites or transactions; 
12.3.6 all non-fraudulent representations, warranties, conditions and other terms that, but for this notice, would have effect.

14.1 The username and password issued to you is personal to you to allow you to use Mydeo.com on these terms and must not be disclosed to any other person without Mydeo's agreement in writing. In the absence of Mydeo's approval in writing, usage by any such third party is the sole responsibility of the user. 
14.2 The username and password will be issued by Mydeo to the person paying for the Services ('User'). This person will be liable for use of the Services in accordance with these Terms. 
14.3 All Users must be 18 years of age or above and by agreeing to these Terms any user so confirms to Mydeo. 
14.4 The username and password issued to you also controls your level of use of Mydeo.com. Under no circumstances may you use any username and password other than that issued to you or attempt to use any part or service of Mydeo.com not authorised or permitted by the username and password issued to you.

15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 
15.2 All email communications (and attachments) sent by Mydeo to a user are intended only for the user or for distribution by the user. Any distribution by a user of any material using Mydeo.com is the sole responsibility of the user.

17.1 Mydeo may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from http://www.mydeo.com. 
17.2 Mydeo may amend its service or pricing options from time to time and such variations will be displayed in the "Pricing" section of Mydeo.com and become effective in respect of any user's new transactions made after such display.  
17.3 By using Mydeo.com you undertake that you have the minimum specification hardware, software and capability required for use of Mydeo, i.e. a PC with broadband internet access, Microsoft Internet Explorer (version 6 and above) and Windows Media Player version 10 or above. You understand that anyone wishing to view your videos also must have the same minimum system requirements and that deliveries made to MACs will require Windows Media Player for Mac to be installed. 
18. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

 
20.1 If you wish to cancel your contract you must provide one months written notice that you wish to cancel your account. We will continue to provide you with the Services until the last day of the month for which you have paid for the Services in advance.

20.2 If you wish to cancel delivery of any video uploaded you can do so by deleting the video from your account. Mydeo shall be entitled to cancel or remove any videos if considered by Mydeo to be in breach of Mydeo's Terms and to advise the relevant authorities, if appropriate. 
 
20.4 After cancellation, you will no longer have access to your account and all information contained therein may be deleted by Mydeo. Mydeo accepts no liability for such deleted information or Content. If payment is not received for any reason, the Service may be cancelled and all the information or Content contained within your account deleted permanently. Mydeo accepts no liability for information that is deleted due to an non payment for the Service. 
20.5 You agree Mydeo, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if Mydeo believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Mydeo may immediately deactivate or delete your Content, as applicable, and all related information and files. Mydeo reserves the right to bar any further access to such files or the Service. You agree that Mydeo shall not be liable to you or any third-party for any termination of your access to the Service.

21.1.1 any interruptions to or delays in updating or providing the Services; 
21.1.2 poor picture quality or speed of delivery due to congestion on the internet or over telephone lines or because of insufficient bandwidth of any Viewer; or 
21.1.3 user cancellation of a Plan

21.2 Mydeo shall be entitled to terminate the agreement for Services provided subject to these Terms and immediately remove, cancel or suspend access to and use of Mydeo.com upon your breach of any part of these Terms whatsoever. 
21.3 Termination shall be without prejudice to the accrued rights of either party. 
21.4 For the avoidance of doubt, on such termination or expiry of the agreement for Services subject to these Terms for any reason you shall make no further use of Mydeo.com and Mydeo may at its sole option remove all streamed digital files from its system and servers. 
21.5 Mydeo will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party, including without limitation internet outages, terrorism, communications outages, fire, flood, war or act of God.

22.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.  
22.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.  
22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).  
23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

23.2.1 Strikes, lock-outs or other industrial action. 
23.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 
23.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 
23.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 
23.2.5 Impossibility of the use of public or private telecommunications networks. 
23.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

24.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 
24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 
24.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14above.

26.1 All questions, comments or enquiries should be directed by post to Mydeo Limited, Collingham House, 10-12 Gladstone Road, Wimbledon, SW19 1QT, UK. 
26.2 If you have a problem with Mydeo.com or a query please contact Mydeo by telephoning 020 8540 2300 between the hours of 9.30 GMT and 17.30 GMT Monday to Friday.