INTRODUCTION

Welcome! PNP Portable North Pole allows you to create your own video and to share it with others. PNP Portable North Pole is an application of UGroupMedia Inc (PNP), a Canadian corporation based in Montreal:

  UgroupMedia Inc.
  460 Ste-Catherine street west, suite 700,
  Montreal, (Quebec) Canada H3B 1A7
  www.ugroupmedia.com

By using PNP you agree to comply with all terms and conditions contained in this agreement.

WE DO NOT MONITOR NOR CONTROL THE USE OF PNP BY USERS. We strongly recommend that minors of age ask their parents for permission before registering to PNP or send a personalized video to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

Use PNP in a responsible manner. You understand that your personalized videos can be shared and be accessed by a child. YOU are responsible for any use of PNP that may infringes or otherwise violates other users’ rights.

USE OF PNP

The use of PNP is granted under license for your personal use and for you to share PNP personalized videos with other users. PNP is intended for entertainment purposes only. The application PNP is the property of Ugroupmedia. PNP Portable North Pole is a trademark of Ugroupmedia. Nothing in these terms of use shall have the effect of transferring the ownership of any intellectual property rights to you.

SUBMISSIONS

In these terms of use, we use the word "Submissions" to mean text, messages, photographs, images and other content you may upload through PNP to create your personalized video including your and/or other persons' personal information. Submissions are content that we expressly request or that you distribute on or through PNP. We, our licensees and other authorized users shall be entitled to transmit and disclose through PNP all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. For content that is covered by intellectual property rights, like images, photos and videos ("IP content"), you specifically grants us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to transmit to the recipient (or any other) of the personalized video any IP content that you upload on PNP.

LICENSES AND REPRESENTATIONS

By uploading or otherwise transmitting a Submission on PNP, you represent and warrant that the Submission does not infringe other people’ rights, including intellectual property rights, and that it conforms to the Rules of Conduct and other requirements of these terms of use and that you have the necessary rights, licenses and permissions, to transmit, and to authorize us to transmit such Submission. You hereby waive all your moral rights in the Submission.

PNP REGISTRATION

To create a personalized video, PNP requires you to fill the PNP form by entering your email, the email of the recipient of the personalized video and other information necessary to create the video (see the Personal information section below). It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify PNP (email) of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to PNP.

RULES OF CONDUCT

By using PNP, you agree that you will not distribute any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity; is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, conspiracy to commit any criminal activity; infringes or violates any right of a third party including: (a) proprietary, intellectual property or contractual rights; (b) right of privacy or publicity; or (c) any confidentiality obligation; (d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages PNP or sites of our partners, or otherwise interferes with any person or entity's use or enjoyment of PNP. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to remove any Submission that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of all information concerning your personal information and those of the person to whom you transmit the personalized video. You hereby agree to indemnify, defend, and hold us, other users, and our distributors, harmless from and against any and all losses, damages, liabilities and costs that may result from the use of PNP or from any breach by you of these terms of use or claims arising from your use of PNP or the third parties’ information in the Submission.

LIMITATION OF LIABILITY

YOU USE PNP AT YOUR OWN RISK. WE ARE PROVIDING PNP "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PNP WILL BE SAFE OR SECURE. PNP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PNP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PNP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PNP'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use or to PNP shall be filed in courts located in the Province of Quebec, district of Montreal, Canada. We make no representation that PNP is appropriate or available for use in any particular location. Those who choose to use PNP do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

AMENDMENT

We may amend these terms of use from time to time. If we make a material amendment to these terms of use, we will notify you by posting notice of such amendment on the web sites giving access to PNP or on PNP. Such amendment to these terms of use are effective the day following the display of the notice

REPORTING AN INFRINGMENT

Notifications of claimed copyright infringement must be sent to: support@portablenorthpole.tv

The Notice of infringement is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. It is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. This information must also enable us to identify the advertisement to be removed.

To be effective, the notification must be a written communication (email) that includes the following:

	Notice of Infringement 
	
	Email:  support@portablenorthpole.tv
	Date:   
	Unique Url of the PNP video:
	Pass word of the PNP video:
	Login of the PNP video: 
     
	Dear PNP, 
	 
	I, ____________________of __________________________solemnly and sincerely declare as follows:  
	• I am the owner, or act on behalf of the owner, of certain intellectual property rights (“IP Owner”);  
	• I have a good faith belief that the submission as attached or copied in the present email contains materials that infringe the IP Owner’s rights; 
	• I indemnify PNP and all her affiliates for any third party claims with regard to the removal of the said submission;  and  
	• The information in this declaration is true and correct. 
	Please remove the submission(s) attached or copied in the present email as soon as possible.   

	Reason for removal: (you need to submit here the reason of the notice, the work or right that is being infringed)

	I may be contacted at: 
	Name and Title:          
	Address:           
	Country:             
	Email address (for communication with PNP):         
	
	I, the undersigned, declare that I have the proper authority to sign this notice of 
	infringement on behalf of the IP Owner: (physical signature or digital signature)

We may give you notice that we have removed or disabled access to certain material by means of a notice to a user's e-mail address in our records. If you receive such a notice, you may provide counter-notification in writing that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PNP may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Personal information.

When register with PNP you provide us with your email and the email of the recipient of the personalized video. We also ask you to fill the PNP form by entering information, real or fictitious, regarding the said recipient such his or her name, email, photo, age, postal code, preferences, color of the eyes and hair, gender. This information is necessary to generate a realistic PNP video. Be cautious when using and entering someone else’s email and information: make sure you are authorized to do so. Use of someone else’s information is your responsibility. One of the primary reasons people use PNP is to generate a personalized video for a friend or a member of the family. PNP undertakes never to transmit, use or otherwise exploit the personal information you enter in the PNP form about the recipient other than and exclusively for 1) the creation of the personalized video and 2) for its transmission to the recipient.

Each time we want to use your email address we will present you with a choice of whether or not you want to participate. You hereby authorize us to use such email solely for the purpose of sending you relevant information and advertising regarding the PNP services.

Unless you order a downloadable copy of your personalized video before Tuesday, June 15th, 2010, 5 pm Eastern Standard Time, all photos and/or files uploaded onto or via PNP will be removed and deleted from our database.

Information we collect when you use PNP

In addition to the information you enter in the PNP registration sheet, we may collect information about your browser type, location, and IP address, as well as the pages you visit. We may use "cookies" (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make PNP easier to use, to make our advertising better. We may institute programs with advertising partners and other websites in which they share information with us.

How We Use Your Information

We use the information we collect to try to provide a safe, efficient, and customized experience. We use the information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. We use the information to prevent potentially illegal activities. For example, we ask the recipient date of birth to verify that he is over age 13 and so that we can better limit your access to content and advertisements that are not age appropriate. We may contact you with service-related announcements from time to time.

We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about PNP. These service providers may have access to your personal information for use for a limited time, for limited purposes.

Report Violations.

You should report any security problem or abuse to us by sending us an email at : support@portablenorthpole.tv

UgroupMedia inc. 2009-2010