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AV Account - Merchant Policy

NAVIO SYSTEMS, INC AV ACCOUNT - MERCHANT POLICY ("Agreement")

EFFECTIVE 31 AUGUST 2004

DESCRIPTION OF SERVICES

Please see the description of services in the Navio Systems, Inc. Terms of Use Agreement. In addition, the following more fully describes services available to merchants of the AV Network.

Merchants have an AV account that offers these specific features:

  • A collection (MyStuff) of your rights to publish offers for sale on the AV Network using Navio's AV Publish technology.
  • A Wallet containing balances of your net digital cash and digital credits receipts from the sales of items on your storefront(s) that is updated in real-time by Navio.
  • A Contacts folder for notifications from Navio of relevant merchant activity
  • A Settings folder where you can maintain personal preferences as well as manage your Navio AV identity.

REGISTRATION AND ACTIVATION

If you are not already a member of the AV Network, with an AV account, you will need to complete a registration form before you can list items for sale in on the AV Network.

The registration form requires an id, a password, password recovery question / answer, an attestation you are of legal age to use Navio services, and positive acknowledgement that you have read the Navio AV Account - User Agreement.

CONTENT CATALOG CHANGES

You have the right to add, delete, or change products and offers in your storefront, including, but not limited to: (a) pricing changes, (b) description changes, (c) DRM changes, (d) content file changes, (e) graphic element changes.

You agree that all catalog changes are subject to the then current capabilities of the Navio AV Publish software.

SUITABILITY OF AND RIGHTS TO CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") on your storefront(s) are the sole responsibility of you, the merchant. This means that you, and not Navio, are entirely responsible for all Content that you upload, publish on a storefront, email, transmit or otherwise make available via the Service. Navio does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Navio be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Navio official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  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;
  12. "stalk" or otherwise harass another; or
  13. collect or store personal data about other users unless they have given specific opt-in permissions to you for this purpose. See Privacy Policy.

You acknowledge that Navio may or may not pre-screen Content, but that Navio and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Navio and its designees shall have the right to remove any Content that violates the Terms of Use Agreement 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. In this regard, you acknowledge that you may not rely on any Content created by Navio or submitted to Navio.

You acknowledge, consent and agree that Navio may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Navio, its users and the public.

You understand that the technical processing and transmission of the Service, 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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Navio and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

AV ACCOUNT IDENTITY MANAGEMENT

Please refer to the Navio AV Account - User Agreement for terms on managing your identity.

EXPIRATION OF OFFERS

You may opt to make any offer in your storefront subject to an expiration date. If no expiration date is present, the offer is perpetual.

You may opt to make any item, once the rights to are acquired by an AV Account user, subject to expiration.

PAYMENT FOR ITEMS SOLD

By agreeing to use AV Publish as your toolset for creating merchant storefronts, you can elect to use Navio's real-time settlement feature to calculate the absolute or percentage amounts owed you, the merchant, on each item purchased by a user on the AV Network.

It is your responsibility to correctly apportion the item's gross revenues into all participating parties' Navio AV Accounts ("Affiliate"). This includes, but is not limited to, (a) your own merchant AV Account, (b) any distribution network that originates user traffic to your storefront, (c) Navio itself, acting as a digital commerce engine, (d) bank fees, (e) delivery fees, and (f) royalties to content rights holders.

Navio reserves the right to monitor these Affiliate payouts and to adjust them as necessary to conform to contractual agreements with itself and / or one or more of the affiliates.

Navio agrees to provide you access to your Merchant AV account balance(s) on a real-time basis. Navio agrees to convert your digital cash balances to a check or bank wire within 10 business days upon presentation of an invoice by you.

SHARING

You may choose when publishing content for sale on your storefront to allow the buyer to do any or all of the following once they acquire the item for their collection: (a) share to others an offer to preview / buy the item, (b) transfer the rights to ownership of the item to another party, or (c) make copies of the item for distribution to others.

You take responsibility for setting these sharing rights correctly on the items in your catalog and absolve Navio of any responsibility should items be virally-distributed to others.