Please read this User Agreement for using the service. By clicking on the "Register" button you declare that you are familiar with the User Agreement and that you shall observe it.
USER AGREEMENT FOR USE OF THE SERVICE “SUPPLY OF DISK SPACE FOR VIDEO FILES” IN THE MPO.FM WEBSITE (USER AGREEMENT)
The present document contains the User Agreement for use of the service “SUPPLY OF DISK SPACE FOR VIDEO FILES”, accessible via a website at address: http://mpo.fm and all sub-domains and regulates the relations between NETSENSE EOOD of the one party and each of the registered Users, of the other party.
I. GENERAL STIPULATIONS
Art. 1. In the application and interpretation of the present User Agreement the used terms and phrases shall have the following meaning:
1. “NETSENSE EOOD” (hereinafter referred to in the User Agreement as NETSENSE) is a company with headquarters and registered address: Republic of Bulgaria, Ruse, 21 P. D. Petkov Str., floor 1, which develops the mpo.fm website and respectively provides and controls its use.
2. “Organiser“ is NETSENSE EOOD and respectively provides and controls the use of the Website.
3. “User“ is any person using the service which is the subject matter of the present user Agreement.
4. “Registered user“ is the one who has a registered user profile.
5. “Active user“ is a user with an active user profile.
6. “User name“ is a unique code comprising letters and numbers chosen by the User, which individualises the latter and serves as access to his user profile together with his password.
7. “Password“ is a unique code comprising letters and numbers chosen by the User, which individualises the latter and serves as access to his user profile together with his user name.
8. “User profile“ is a specified part of the Website, containing information about the User, required by the Organiser upon registration, and the access to the user profile by the User is implemented by entering a user name and password.
9. “User content“ is any video material, image, text, photographs, multimedia content or other material, which the USER uploads to the NETSENSE’s Server so that it can be accessible via the mpo.fm website to all other USERS.
10. “Website“ is a virtual information resource, a specified place in the global Internet, accessible through its unified address (URL) by protocol HTTP, HTTPS or another standardised protocol and containing files, software, text, sound, picture, image or other materials and resources.
11. “Internet site“ within the meaning of the present User Agreement means a component and specified part of the Website.
12. “Personal site“ is a specified part of the mpo.fm Website, containing information about the Registered user, provided in the process of registration and preserved afterwards.
13. “Playlist“ is a group of video materials, organised by the active user.
14. “Electronic link“ is a link, marked in a certain Internet site, which allows automatic transfer to another Internet site, information resource or an object through standardised protocols.
15. “Cookies“ are small text files, which are preserved from the Internet site via the internet on the User’s hard disk and provide the possibility for recovery of information about User by identifying him and for tracing his actions.
16. “Information system“ is a device or a technical facilities or a system of connected devices or technical facilities, which or a part of which is designed to play back, store, send or receive electronic documents and other types of data.
17. “Malicious actions“ are actions or inaction, violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, channel overflowing (FLOOD), gaining access to resources with another person’s rights and passwords, use of system faults for the purpose of one’s own benefit or acquiring information (HACK), perpetration of any actions that may qualify as an offence or administrative violation under the Bulgarian legislation or some other applicable law.
Subject of the User Agreement
Art.2.(1) NETSENSE via the mpo.fm Website provides the USER with the services envisioned in this User Agreement (“Services”), in strict observance on the part of the latter of the requirements stipulated in this User Agreement, as well as of the additionally specified ones on the Website.
(2) Part of the Services of the mpo.fm Website is provided with no required preliminary registration. These are, without limitation, the services connected with search and access to information in the form of video materials, images, text, etc., published on the mpo.fm Website and other services, provided to unregistered users via the Website.
(3) The use of part of the Services of the mpo.fm Website is accessible only to the active USER. These are, without limitation, the services for provision of free disk space on a NETSENSE server, where the active USER has the opportunity to publish and store information in the form of video materials, images, text, etc., the building of a user profile according to criteria set by NETSENSE, the creation of playlists and other services, provided to registered users via the mpo.fm Website.
Field of application. Consent to the User Agreement.
Art.3 The present User Agreement applies to the relations with the USERS, who have made a registration on the mpo.fm Website (“registered USERS”). The present User Agreement apply respectively to the relations with the USERS, who have not made a registration on the mpo.fm Website (“unregistered USERS”), but their rights are limited to the use of the services described under Art.2, para. 2.
Art.4.(1) The text of the present User Agreement is accessible on the Internet at Internet site with address http://mpo.fm/docs/UserAgreement-en.htm in a way that allows its preservation and reproduction.
(2) An electronic link to the Internet site, containing the text of the present User Agreement, is placed on each site of the mpo.fm Website, and each use of the information services and resources of the mpo.fm Website, including the opening of an Internet site from the mpo.fm Website, as well as by clicking on an electronic link from the home (starting) page or any other Internet site of the mpo.fm Website, the USERS declare that they are familiar with the present User Agreement, agree with them and undertake that they shall observe them.
Art. 5. (1) In order to use the services under Art.2, para. 3 of the present User Agreement, the USER shall register in advance by filing in the respective electronic form of registration, available on the mpo.fm Website and activate his user profile as per Art.7.
(2) Registration of a minor is realised with the consent of his/her parents or guardians to the User Agreement. In the cases of registration of a person under 14 years of age, the declaration of consent to the User Agreement is made by a parent or a guardian of the latter.
User name and password. User profile
Art.6.(1) Upon registration, the USER specifies a user name and password. If the username is not already taken, the USER receives the user name and the password s/he has claimed. With them the registered USER gains an access to his/her user profile.
(3) NETSENSE does not check and bears no liability for the truth of the user name, whether it affects rights of third parties and in particular the right of name or other personal rights, the right of commercial name, the right to a trademark or other rights of intellectual property. NETSENSE may refuse registration to a person who is known to or may be considered to specify false or assumed data.
(4) The USER shall not reveal his/her password to third parties and shall notify NETSENSE immediately in the event of an illegal access, as well as in the event of a possible one. The USER shall use his/her best efforts and undertake the necessary reasonable measures for the purposes of keeping his/her password, and bears full responsibility for all actions done by him/her or a third party through the use of the user name and the password.
Art.7 Following the creation of a user profile, the REGISTERED USER obtains a unique Electronic link, pursuant to Art.57, which provides him/her with the opportunity to activate the user profile.
Art. 8. (1) Upon USER registration, by ticking the field "I agree with the mpo.fm User Agreement" in the process of registration and clicking on the "Register" virtual button, the USER makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, and declares thereby that s/he is familiar with the present User Agreement, accepts it, agrees with it and undertakes to observe it.
Art. 9. By clicking on the "Register" button and expressing agreement with the User Agreement by the User, a framework agreement is concluded between the parties for use of the service, in which the USER declares also his/her consent to conclude the agreement in Bulgarian language. The agreement becomes effective and is deemed concluded as from the moment of reaching the agreement, objectified in the method described in the present regulation.
Art.10(1) By registering and activating a user profile, the USER gains access to all services offered on the mpo.fm Website. Upon the completion of the registration application the USER, and in the cases under Art.2, para.2, the parent or guardian of the USER, shall provide full and true data about their identity or the other data collectable by the electronic registration form, as well as update them within 7 days from any change in them. The USER guarantees that the data, which s/he provides in the process of registration, are true, complete and precise and in the event of a change in the latter s/he will update them in time.
(2) In the event of failure to provide the personal data requested in the registration form, NETSENSE may refuse the registration.
(3) In the event of provision of false data or failure to register the changes that have occurred in time, NETSENSE may discontinue or terminate immediately and without prior notice the provision of the Services, as well as the maintenance of his/her registration. In such a case the termination of the provision of Services is deemed an automatic agreement termination.
Amendment of the User Agreement
Art. 11(1) Insofar as the provided service may be supplemented and modified with a view to its improvement and expansion, as well as in connection with the legislative changes, which reflect on the terms and conditions for its performance, the User Agreement may be modified unilaterally by NETSENSE.
(2) In the event of amendment of the User Agreement NETSENSE shall advise the User of the modifications made by their publishing in a visible place on the Page and/or by sending a communication via the Information system about the amendment of the User Agreement, containing the text of the amendment or an Electronic link to the Internet site, where the amended User Agreement is published. NETSENSE provides the registered USER with sufficient time to become familiar with the amendment of the User Agreement.
(3) Should the registered USER fail to declare within the term under para. 2 that s/he rejects the changes, it is deemed that they are binding for him/her.
(4) The declaration on the part of the registered USER that s/he disagrees with the amendment of the User Agreement, shall lead to automatic termination of the agreement between the USER and NETSENSE on the use of the services, provided via the mpo.fm website, upon which NETSENSE has the right to discontinue immediately the access of the respective USER to his/her user profile, terminate his/her registration and delete the entire User content uploaded on its servers.
(5) The registered USER has the right at any time, in his/her own judgement, to discontinue the use of the services provided by NETSENSE, by terminating his/her registration at the mpo.fm Website. The agreement between the parties is deemed automatically terminated as from the date of termination of the USER’s registration, upon which NETSENSE has the rights under para.4.
Rights and obligations of NETSENSE
Art.17. NETSENSE undertakes to take the due care to provide the USER with the opportunity for normal use of the Services.
Art.18. NETSENSE has no obligation and objective possibility to control the method in which the USER uses the provided Services, and bears no responsibility for the User content, as well as USER activity in connection with the use of the Services. NETSENSE has no obligation to monitor the information, stored on its servers or made available upon the provision of the services, or to look for facts and circumstances identifying the perpetration of illegal activity on the part of the USER through the use of the Services.
Art.19. In compliance with the provisions of the effective Bulgarian legislation, NETSENSE stores information materials and resources, uploaded by the USER on a NETSENSE server and has the right to present them to the competent government bodies in the cases where this is necessary for preserving the rights, legal interests and security of NETSENSE or of third parties, as well as in the cases these are demanded by the respective government bodies in the legal way.
Art.20. (1) In the event of failure to use the user profile of the registered USER for at least 90 (ninety) days, NETSENSE has the right to terminate without notice the USER’s User profile and delete from its servers the entire User content uploaded by the USER.
(2) In the event the User profile Is not activated within 7 (seven) days from its creation, NETSENSE has the right to terminate it.
(3) The agreement with the USER is deemed automatically terminated from the date of termination of his/her User profile.
Art.21.NETSENSE has the right to place on any of the pages of the mpo.fm Website, including in the User profiles, electronic links, advertising banners and other advertising forms for goods and services, provided by NETSENSE or third parties, as well as electronic links and advertising banners redirecting to websites outside the control of NETSENSE. NETSENSE bears no responsibility for the content, truth and lawfulness of such Internet sites or resources, as well as for the services or resources that have become known to the USER during the use of the services on the mpo.fm Website, as well as for content, truth and lawfulness of the User content.
Art.22(1) NETSENSE has the right, but not the obligation, in its own judgement and without issuing a warning, to discontinue the access to and/or delete the User content, when the latter does not comply with the requirements envisioned in the present User Agreement.
(2) NETSENSE has the right, in its own judgement and without issuing a warning, to discontinue or limit temporarily the access of the active USER to the Services under Art.2, para.3, as well as the access of other users to the User content uploaded by him/her, in the cases, in NETSENSE’s judgement, when the active USER uses the Services in violation of the Bulgarian legislation, the present User Agreement, the good ways or other applicable norms.
Liability. Liability limitation.
Art.30. NETSENSE undertakes to provide the USER with the opportunity for normal use of the Services, but has no obligation and does not guarantee that the provided free Services will satisfy the USER’s requirements, or that they will be continuous, timely or secure. By accepting the present User Agreement, the USER declares that the use of the provided Services will be entirely at his/her risk and responsibility, and the parties hereto agree that NETSENSE is not liable for possible damages incurred by the USER in the use of the provided Services, unless they are caused by NETSENSE deliberately or in the event of gross negligence.
Art.31. NETSENSE is not liable for the User content, as well as the activity of the USER in connection with the use of the Services. Moreover, NETSENSE is not liable for the damages incurred by other USERS in the access to or the use of this content, provided by the USER or made available though the mpo.fm Website.
Art.32(1) NETSENSE is not liable for the availability and the quality of any goods and the content of the services, brought to the USER’s attention by publishing on the mpo.fm Website of electronic links, advertising banners and announcements for sale of goods and provision of services by third parties.
(2) To the extent the actions of these third parties are not within the control of NETSENSE, the latter is not liable for the illegal character of the activity of the third parties or the occurrence, guaranteeing, performance, modification and termination of undertaken obligations and engagements in connection with the goods and services provided by the third parties, and is not liable for incurred damages and lost profits ensuing from such relations.
Art.33. NETSENSE is not liable for failure to provide the services upon the occurrence of circumstances outside its control – in cases of force majeure, accidents, problems in the global network Internet and in the provision of services outside NETSENSE’s control, problems due to the USER’s equipment, as well as in the event of unauthorised access or intervention by third parties in the operation of the information system or NETSENSE’s servers.
Art.34 NETSENSE is not liable for damages caused to the software, hardware or the USER’s equipment, or for loss of data which have ensued from materials or resources, searched, loaded or used in any way through the provided Services.
Art.35. NETSENSE is not liable to the USER and third parties for incurred damages and lost profits that have occurred as a result of the termination, suspension, modification or limitation of the services, the deletion, modification, loss, unauthenticity, inaccuracy or incompleteness of communications, materials or information, used, recorded or made available through the mpo.fm Website.
Art.36. The parties agree that NETSENSE is not liable for the failure to provide the Services or their provision with poor quality as a result of conducted tests on the part of NETSENSE aiming at the check of the equipment, connections, networks, etc., as well as tests directed to the improvement or optimisation of the provided Services. In such cases NETSENSE notifies the USER in advance of the possible suspension, respectively the deteriorated quality of the services.
Art. 37. By accepting the present User Agreement the USER declares that s/he realises the opportunity for possible interruptions and disconnections in the realisation of the Internet connection to the mpo.fm Website, which may occur regardless of the due care exerted by NETSENSE. The USER declares that s/he will not claim any indemnities from NETSENSE for lost profits, incurred damages or inconvenience, as a result of the occurrence of the aforementioned interruptions or disconnections of the Internet connections, including those regarding the capacity of this connection.
Art.38. NETSENSE is not liable and owes no indemnity to a person whose personal data are used by another person for the use of the services provided by NETSENSE, regardless of whether s/he has granted its permission for that.
Rights of NETSENSE in the event of non-performance of the User obligations
Art.39 NETSENSE has the right at any time and with no prior notice to discontinue the access to any content uploaded to the mpo.fm Website by the USER, which it deems incompatible with the effective Bulgarian legislation, with the present User Agreement or the rights and legal interests of third parties; to terminate, limit or modify the Services provided to the USER, as well as approach the competent government bodies, if the USER with his/her behaviour, in the judgement of NETSENSE, violates any provisions of the effective Bulgarian legislation, of the present User Agreement or the rights and legal interests of third parties.
Art.40. In case of assertions by third parties that the published User content infringes their rights of intellectual property, as well as in the event the USER infringes a right of intellectual property of NETSENSE, NETSENSE has the right in its judgement and with no prior notice to discontinue the access to such User content until the resolution of such dispute by an act of a competent government body. Upon the delivery of an order by the competent government bodies concerning the User content, NETSENSE has the right without any prior notice to discontinue the access to such User content or undertake other actions, in compliance with the received order.
Art.41. NETSENSE has the right to deactivate without prior notice the password for access to the user profile of the USER in the event, in the judgement of NETSENSE, the USER violates any regulations of the effective Bulgarian legislation, of the present User Agreement or the rights and legal interests of third parties. In such cases NETSENSE has the right to terminate the USER’s registration and delete from its servers the entire User content uploaded by him/her.
Art.42. When there is information which gives sufficient grounds to presume that the USER’s behaviour in the use of the Services on the mpo.fm Website by the USER could be an offence or administrative violation, NETSENSE has the right in its judgement to approach the competent government bodies and provide them with the required assistance and all the necessary information and materials, requested in the due order, which could help identify the perpetrator and prove the committed offence or administrative violation.
Art.43. In the aforementioned cases NETSENSE is not liable for incurred damages and lost profits by the USER or third parties, which have occurred as a result of the suspension, modification or limitation of the Services, the agreement termination or provision of information or execution of orders by the competent government bodies.
Art.44. The USER shall indemnify NETSENSE and all third parties for all damages incurred by them and the lost profits, including for paid property sanctions, lawyer fees and other expenses as a consequence of filed claims by and/or paid indemnities to third parties in connection with materials, which the USER has made available to third parties or made available through the use of the Services provided by NETSENSE in violation of the Bulgarian legislation, the applicable foreign laws, the present User Agreement or the good customs, as well as in connection with other violations of his/her obligations under the present User Agreement.
Art. 45. Notwithstanding the foregoing article, the USER shall indemnify NETSENSE for all damages incurred as a result of use of Services provided by third parties, to which the latter has provided his/her password in breach of the present User Agreement.
Art.46. The parents exercising parental rights, the guardians or trustees of a minor are liable for all damages incurred by the said damages by NETSENSE and by third parties upon the registration and the use of the services – subject matter of the present User Agreement, as well as for all damages as a result of provision of false data or lack of permission taken in advance under Art.5, para.2.
Protection of personal data
Art.47. NETSENSE has the right to collect and use information about the USERS. The information by which the person may be identified, can include name, surname, date of birth, sex, as well as any other information, which the USER voluntarily enters, uses or gives in the use of the services on the mpo.fm Website. With a view to avoiding any doubt, the User content is not regarded as personal data and that is why it is not the subject of the protection provided in connection with the USER’s personal data pursuant to the present User Agreement.
Art.48(1) Each registered USER has a right to access with his/her user name and password his/her User profile, where s/he can edit and update his/her personal data, kept by NETSENSE.
(2) When the active USER uploads User content to the mpo.fm Website, evaluates, adds comments or sends videos, his/her User name is available to all other USERS, and so are the other data provided by him/her, about age, date of registration, date of last log-on, and name.
(3) By accepting the present User Agreement, the registered USER gives his/her explicit agreement that the specified data will be made available to all users of the mpo.fm Website.
Art.49. NETSENSE takes the due care for the collection, processing and storage of the personal data of the registered USERS, in strict observance of the provisions of the Personal Data Protection Act, by exerting the due care and is responsible for the protection of the information about the USER, which has become its knowledge on the occasion of the provision of the services, which are the subject matter of this User Agreement, except in the cases of force majeure, accidents or malicious actions by third parties, as well as in the cases when the USER alone has made this information available to third parties.
Art.50. NETSENSE collects and uses the information under Art.47 for the purposes envisaged in the present User Agreement, as well as for offering new services to the USERS, provision of goods and/or services offered by third parties, for promotions, organisation of raffles, inquiries, for statistical and all other purposes, and by his/her registration for the use of the Services the registered USER agrees to receive commercial notices, sent by NETSENSE to the e-mail specified in the User personal data. The described purposes, for which the information may be used, are not exhaustive and do not give rise to obligations for NETSENSE.
Art. 51. By adopting the present User Agreement, the registered USER agrees to the processing of his/her personal data for the purposes of the direct marketing. The USER may object the processing of his/her personal data for the purposes of direct marketing by sending NETSENSE a notice in writing at the specified address or e-mail for contacts.
Art.52. NETSENSE shall not edit or reveal any personal information about the USER or the use of the services and shall not provide the gathered information to third parties – government bodies, commercial partnerships, natural persons, etc., except in the cases when:
а/ this is stipulated in the present User Agreement or the USER has given his/her personal consent upon the registration or at a later moment;
b/ this is necessary for the performance of the statutory liability of NETSENSE;
c/ the information is ordered by government bodies or officials, who are authorised to require and collect such information according to the effective legislation in observance of the statutory procedures;
d/ the information regarding the personal data is provided to NETSENSE employees or subcontractors for activities for administration of the latter and the use of the services;
e/ other cases stipulated by the law.
Art.53 (1) Upon using the mpo.fm Website, NETSENSE has the right to automatically save certain information, which a computer or another end device of the USER send to a NETSENSE server in connection with the USER activeness. The information is stored log-files on NETSENSE or third parties’ servers and may include the USER’s IP address, the date and time when the respective webpage of the mpo.fm Website is visited, the time spent in it, etc. In addition, NETSENSE keeps the USER’s IP address, as well as any other information, necessary to identify the USER and reproduce its electronic statement for agreement with the User Agreement in the event a legal dispute arises.
(2) In connection with the aforementioned, NETSENSE has the right (but not the obligation) to install cookies on a computer or another end device of the USER.
Other terms and conditions
Art.56. The statements and communications in writing, envisaged in the contract and the present User Agreement, are deemed validly delivered if made in the form of a registered letter, facsimile, electronic mail, pressing a virtual button in the mpo.fm Website, etc., insofar as the statement is technically recorded in a way that provides the opportunity to reproduce it.
Art.57 (1) By adopting the present User Agreement concluding a contract between them, the parties express their consent to deem the sent electronic communications between them delivered with their entry in the information system specified by the addressee, with no necessary explicit confirmation for that. Where NETSENSE is the addressee of the communication, the entry of the communication in the information system specified by the addressee is regarded as such if it is an entry in the NETSENSE POP3 servers. Where the USER is the addressee of the communication, the entry of the communication in the information system specified by the addressee is regarded as such if it is an entry in the e-mail specified upon registration, uploaded to a server within the limits of the respective domain addressing the box.
(2) In the event the USER has specified an invalid e-mail, the communication shall be deemed delivered only by its sending by NETSENSE, even if it is not received.
Art.58. The parties hereto agree that in the event any of the clauses under the present User Agreement is invalid, this will not cause the invalidity of the agreement, of other stipulations or parts of it. The invalid clause shall be replaced by the peremptory norms of the law or the established practice.
Art.59. The mpo.fm website is maintained by NETSENSE through technical equipment, deployed on the territory of the USA. NETSENSE does not warrant or bear any responsibility for the accessibility and the due provision of the services of the mpo.fm Website outside the US territory.
Art.60. To all issues not regulated in the present agreement and arising disputes, provisions of the effective legislation in the country of the Organiser – the Republic of Bulgaria –apply.
Art.61. All disputes between the parties shall be resolved in understanding between the parties and good will. In the event agreement may not be reached, all unresolved disputes, arising from the contract between the parties or related to it, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes for filling in deficiency in the contract or its adaptation to newly occurred facts, shall be resolved by the competent court as per the effective Bulgarian legislation.