These Terms and Conditions contain legal obligations. Please read them carefully.

  1. Ownership of Service.
    Welcome to MOW. Any website (www.mowplayer.com and any variations of or successors to these websites) are owned by MOWTECH (RoiMedia LLC) and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Mow"). The MowPlayer Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Mow to publish their Content through the Mowplayer Service on their site. The MowPlayer Service may expand or change from time to time.
  2. Application of General Terms and Conditions.
    Use by end users of the MowPlayer Service is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new Mow properties, shall be subject to these General Terms and Conditions. In addition, MowPlayer may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by Mowplayer that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Mowplayer also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the MowPlayer Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
  3. Non-Discrimination.
    MowPlayer does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
  4. Questions.
    Please direct any legal questions to:
    General Counsel RoiMedia LLC.
    80 S.W. 8th Street, Suite 2000, Miami, Florida, 33130, United States.
  5. Acceptance and Accuracy.
    By using the MowPlayer Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable any website where the MowPlayer Service is found. MowPlayer may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. MowPlayer does not have a duty to update information contained in the Website, and MowPlayer will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
  6. Payment.
    General Payment: MowPlayer will pay Publisher 50% of gross advertising revenue received by MowPlayer for advertising placed on Publisher’s website, and MowPlayer will retain 50% of the revenue for its services. MowPlayer will pay Publisher only for months in which earned revenue exceeds $100 for the month. MowPlayer reserves the right to charge an ad-serving fee to cover actual ad-serving costs Revenue which is not paid to Publisher in any month will be credited to the account of Publisher and paid later, when accrued revenue exceeds $100.00. MowPlayer will pay Publisher 60 days after the end of the month for which revenue was earned (Net 60). Publisher must keep its payment address, email address and telephone number in their account current. If Publisher has failed to notify MowPlayer of changes in Publisher’s account information, causing MowPlayer to be unable to notify Publisher in writing, then this Agreement shall terminate without notice.

    Withholding Payment: MowPlayer reserves the right to withhold payment from Publisher if Publisher has engaged in activity that is deceptive or fraudulent in nature as determined by MowPlayer in its sole discretion. Examples of such deceptive or fraudulent acts may include, without limitation, clicks without referring URLs, extraordinary high numbers of repeat clicks, and clicks from non-approved root URLs. In addition, with respect to Display Creatives, in no event may more than five percent (5%) of Unique Visitors for any payout calculation come from one IP address. Impressions that are served but are not received due to end user blocking technology or software (e.g., pop-up blocking software) shall not count towards any payout calculation.

    MOW has the right to withhold or adjust payments to you to exclude any amounts Mow determines arise from invalid activity. Invalid activity includes, but is not limited to, spam, invalid clicks, invalid impressions , invalid queries, invalid conversions, or other invalid events on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; clicks, impressions, queries, conversions, or other events solicited or generated by payment of money, false representation, or requests for end users to click on Ads or take other actions; Ads served to end users whose browsers have JavaScript disabled or who are otherwise tampering with ad serving or measurement; any click, impression, query, conversion, or other event occurring on a Property that does not comply with the MOW Policies. In the event MOW detects invalid activity, either before or after issuing a payment for that activity, MOW RESERVES the right to debit your Account, and adjust future payments accordingly, for all invalid clicks, impressions, queries, conversions, or other events including for all clicks, impressions, queries, conversions, or other events on Properties that do not comply with the MOW Policies.


    Invalid clicks and impressions: Publishers may not click their own ads or use any means to inflate impressions and/or clicks artificially, including manual methods.Clicks on ads must result from genuine user interest. Any method that artificially generates clicks or impressions on ads is strictly prohibited. These prohibited methods include, but are not limited to, repeated manual clicks or impressions, automated click and impression-generating tools and the use of robots or deceptive software. Please note that clicking your own ads for any reason is prohibited. Publishers may not ask others to click / impressions their ads or use deceptive implementation methods to obtain clicks. This includes, but is not limited to, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behaviour or placing images next to individual ads. Publishers are permitted to make modifications to the Mow code, as long as those modifications do not artificially inflate ad performance or harm advertisers.

    Taxes: MowPlayer assumes no responsibility for paying income taxes on behalf of Publisher. By participating in the MowPlayer ad program, Publisher assumes complete and sole responsibility for any taxes owed as a consequence of such participation and agrees to indemnify and hold MowPlayer harmless from any such taxes. If Publisher resides in the United States, then Publisher agrees to provide its Social Security number or Federal Employee Identification Number and any other reasonable information to MowPlayer for tax reporting purposes. Such information will be used for no purpose other than for tax reporting purposes. If Publisher resides outside of the United States, then Publisher may be asked to complete appropriate forms for tax purposes and agree to accurately complete such forms. MowPlayer may withhold payment from Publisher in the event that Publisher does not provide accurate tax information or complete any necessary tax or reporting forms, as determined in MowPlayer’s sole and absolute discretion.
  7. Conditions and Restrictions of Use.
    1. Termination.
      Use of the MOWPLAYER Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that MOWPLAYER may terminate and/or suspend your access to any portion of the MOWPLAYER Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by MOWPLAYER. Any such termination or suspension shall be in MOWPLAYER's sole discretion and may occur without prior notice, or any notice. MOWPLAYER further reserves the right to terminate or suspend any user's access to MOWPLAYER or to any portion of the MOWPLAYER Service for any conduct that MOWPLAYER, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to MOWPLAYER or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. MOWPLAYER further reserves the right to terminate or suspend any user's access to the MOWPLAYER Service for any reason or for no reason at all, in MOWPLAYER’s sole discretion, without prior notice.
    2. Access to Content..
      Please be aware that the majority of the content found on or through the MOWPLAYER service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If MOWPLAYER learns that anyone under the age of 13 seeks to conduct a transaction through the Services, MOWPLAYER will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the MOWPLAYER Service may not be available to children under 13 under any circumstances. Note that we do not allow the use of our player with pornographic material, whether that material is legal or not.
    3. Registration and Privacy.
      Certain of the MOWPLAYER Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various MOWPLAYER registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MOWPLAYER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOWPLAYER has the right to suspend or terminate your account and refuse any and all current or future use of the Services.All MOWPLAYER registrations become the exclusive property of MOWPLAYER, its affiliates, successors in interest, and subsidiaries. MOWPLAYER reserves the right to use and reuse all registration and other personally identifiable user information subject to the MOWPLAYER Privacy Policy, which is found at http://www.Mowplayer.com/privacy/. By using the Service, You acknowledge receipt of the MOWPLAYER Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the MOWPLAYER Service. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the MOWPLAYER Privacy Policy.For those portions of the MOWPLAYER Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify MOWPLAYER of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MOWPLAYER cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
    4. Responsibility for Minors.
      In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MOWPLAYER SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
    5. Content Not Screened or Error Free.
      You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that MOWPLAYER does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will MOWPLAYER be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. MOWPLAYER does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the MOWPLAYER Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
      RoiMedia LLC.
      c/o General Counsel MOWPLAYER VIDEO,
      80 S.W. 8th Street, Suite 2000, Miami, Florida, 33130, United States
      By Phone: +1 646 583-2833
      By Email: MowPlayer.com
    6. User Agreement Not to Circumvent Publishers™ Ownership Rights.
      You acknowledge and agree that your rights to view the publisher content that you access on or through the MOWPLAYER Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the MOWPLAYER Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
  8. Fair Use Policy.
    This Fair Use Policy describes prohibited uses of the web services offered by MowPlayer. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the MowPlayer Site. By using the Services or accessing the MowPlayer Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
    • No Network Abuse:
      You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
      • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
      • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
      • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
      • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
    • Our Monitoring and Enforcement:
      We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or MowPlayer Site. We may:
      • investigate violations of this Policy or misuse of the Services or MowPlayer Site;
      • or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the MowPlayer Site.
      We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
  9. Prohibited Conduct.
    In addition to 6.F. above, you agree that you will not use MOWPLAYER Services to:
    1. Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
    2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
    3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
    4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
    5. Impersonate any person or entity, including, but not limited to, a MOWPLAYER official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
    6. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
      • Making available copyrighted software or other Content that has had the copyright protection removed.
      • Making available serial numbers for software that can be used to illegally validate or register software.
      • Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
      • Making available any software files for which the user does not own the copyright or have the legal right to make available.
    7. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
    8. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or MOWPLAYER.
    9. Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
    10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
    11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use MOWPLAYER or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
    12. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
    13. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
      • Any firearms, explosives, or weapons.
      • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
      • Any alcoholic beverages.
      • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
      • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
      • Any controlled substances or pharmaceuticals.
      • Any items that are counterfeit or stolen.
      • Any dangerous items.
      • Any goods or services that do not, in fact, exist.
      • Any registered or unregistered securities.
      • Any items that violate or infringe the rights of other parties.
      • Any items that you do not have the legal right to sell.
      • Any items where doing so through MOWPLAYER or the Service would cause MOWPLAYER to violate any law.
    14. You expressly acknowledge and agree that MOWPLAYER may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MOWPLAYER, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by MOWPLAYER with regard to its users may be disclosed in accordance with MOWPLAYER's Privacy Policy.MOWPLAYER also may suspend or terminate any user account for any Service because of user inactivity. For example, a MOWPLAYER account may be terminated or suspended if a user fails to sign-in to the MOWPLAYER Service for an extended period of time. What is considered "user inactivity" varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.
    15. Content policies for the use of the free version of MOWPLAYER
      Publishers may not place MOW code on pages with content that violates any of our content policies. Mow publishers are not allowed to display ads on pages with:
      • Adult themes in family content
      • Pornography, adult or mature content
      • Shocking content
      • Content that threatens or advocates harm to oneself or others
      • Content that harasses, intimidates or bullies an individual or group of individuals
      • Content that incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity or another characteristic that is associated with systemic discrimination or marginalisation
      • Excessive profanity
      • Hacking/cracking content
      • Software or other content that violates the Unwanted Software Policy
      • Malware or adware
      • Illicit drugs and drug paraphernalia content
      • Content that promotes, sells or advertises products obtained from endangered or threatened species
      • Online sale of alcoholic beverages
      • Sales of tobacco or tobacco-related products
      • Sales of prescription drugs
      • Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
      • Instructions on the enhancement or self-assembly of weapons (e.g. 3D printing of weapons, conversion kits, 80% finished parts)
      • Sales or distribution of coursework or student essays
      • Content regarding programmes which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
      • Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
      • Copyrighted material:Content protected by copyright law unless they have the necessary legal rights to display that content. This includes pages that display copyrighted material, pages hosting copyrighted files and pages that provide links driving traffic to pages that contain copyrighted material.
  10. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
    MOWPLAYER respects the intellectual property of others. MOWPLAYER does not, however, independently confirm that all Content made available through the MOWPLAYER Service is provided by a valid rights holder. In the event that MOWPLAYER becomes aware that Content published on or through the MOWPLAYER Service has been provided by a person who is not a valid rights holder, MOWPLAYER may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MOWPLAYER's Copyright Agent and/or General Counsel the following information:
    1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located or found on the Website or Service;
    4. your address, telephone number and, if available, an email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
    Claims of copyright or other intellectual property infringement should be sent to MOWPLAYER's Copyright Agent and/or General Councel by mail, fax or email as follows:
    By Mail:
    MOWPLAYER VIDEO, DOO. 
    c/o General Counsel MOWPLAYER VIDEO,
    80 S.W. 8th Street, Suite 2000, Miami, Florida, 33130, United States
    By Phone: +549114672-6036
    By Email: support@mowplayer.com
    For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
  11. License To Content.
    Except as otherwise provided by the MOWPLAYER Privacy Policy, with respect to any Content posted by you on, to, or through MOWPLAYER or the Services, you grant MOWPLAYER a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within MOWPLAYER and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.
  12. DISCLAIMER OF WARRANTIES
    MOWPLAYER AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MOWPLAYER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MOWPLAYER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. MOWPLAYER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOWPLAYER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. MOWPLAYER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MOWPLAYER DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MOWPLAYER MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MOWPLAYER.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT'S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES, BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE.Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  13. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MOWPLAYER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MOWPLAYER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOWPLAYER NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.UNDER NO CIRCUMSTANCES SHALL MOWPLAYER OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
  14. Indemnity.
    You agree to indemnify and hold MOWPLAYER and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published MOWPLAYER usage terms, conditions, policies, or requirements, or your violation of any rights of another.
  15. Third Party Links.
    The Website may contain links to websites operated by other parties. The linked sites are not under the control of MOWPLAYER, and MOWPLAYER is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply MOWPLAYER's endorsement of material on any other site, and MOWPLAYER disclaims all liability with regard to your access to such linked websites. MOWPLAYER provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.