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Dear End User,

By using 7SCENES you agree to the following terms and conditions:

1.                  DEFINITIONS

In these terms of use, unless the context otherwise requires, the phrases as set out below shall have the following meanings; all definitions are written with a capital letter and can be used in single and plural forms:

Content
means any data, text, information, names, graphics, photos, profiles, audio and video material, software, maps, links and any other Content that may be subject to intellectual and industrial property laws, both national and international;

7SCENES
means the technology, functionality, platform, website, documentation, Content, means of communication and all other services and information rendered under the name of 7SCENES, whether now or in the future, whether altered or not;

Privacy Policy
means the policy as compiled by 7SCENES, regarding the processing and use of personal data, as published on the Website of 7SCENES;

Subscription               means the (online) agreement between 7SCENES BV and the User for using 7SCENES, to which these Terms of Use are applicable;

Terms of Use              means these Terms of Use, and excluding all other terms of use;

User                           means the person or entity who operates as End User (i.e. not as Reseller) of 7SCENES (also referred to as “You(r)”);

We                              means 7SCENES BV, with its registered office in Amsterdam, The Netherlands (also referred to as “Us” or “Our”);

Website                       means the website of 7SCENES, with (among others) the internet address: www.7scenes.com and www.7scenes.nl.

 

2.                  FAIR USE POLICY

1.                   You are solely responsible for any activity that takes place under your name, password or account;

2.                   You acknowledge that any information data you use or create on 7SCENES will irrevocably become part of 7SCENES. You are therefore obliged to consider thoroughly which information and/or date you may use.

3.                   You are responsible for keeping your password secure and confidential;

4.                   You must not abuse, harass, threaten, impersonate, or intimidate other persons (whether Users of 7SCENES or not) or use any information obtained from 7SCENES to do so;

5.                   You are not allowed to use 7SCENES for any illegal or unauthorized purpose. You agree to comply with the applicable laws and regulations regarding the use of 7SCENES, its services and Content.

6.                   To the use of 7SCENES, its services  and Content, privacy laws may be applicable. You agree to comply with the actual privacy laws, as well as the Privacy Policy of 7SCENES, as published on the Website.

7.                   You are solely responsible for your conduct and for  the Content that you may (let) disclose on 7SCENES. You may not submit, post, forward and display any copyrighted material, trademarks, or any other proprietary Content belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

8.                   You are not allowed to modify, adapt or hack 7SCENES, its services or technology (or let third parties do so) . Neither are you allowed to modify any other website as to falsely imply that it is associated with 7SCENES.

9.                   You are not allowed to create or submit unwanted e-mail (“spam”) through 7SCENES to other Users or third parties.

10.                   Transmitting or introducing any code with a disruptive or destructive nature, such as viruses, worms, Trojan horses  and spyware is strictly forbidden!

11.                   You must not, by using 7SCENES, violate any laws in your jurisdiction or the jurisdiction of 7SCENES (including, but not limited to, the infringement of copyright laws).

12.                   Violation of any of these terms may result in the termination of your  7SCENES – account. Since 7SCENES prohibits  the conduct as set out in this clause, you agree and understand that 7SCENES cannot be held responsible for your conduct and the Content you publicize (or have publicized) on 7SCENES. You also acknowledge and agree that – although 7SCENES will treat your personal data with utmost confidentiality – in case of violation of (intellectual property) laws by you, 7SCENES may be forced on legal grounds to hand over your personal data to the party whose rights you have infringed.

 

2.                   INTELLECTUAL PROPERTY RIGHTS

1.                   We claim no ownership or any other intellectual property right of or to the Content that you disclose on or through 7SCENES. All Content that you disclose on or through 7SCENES belongs to you or your licensors. However, by disclosing the Content on 7SCENES, you grant 7SCENES a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense and make derivative works of this Content, in any format or medium as known now or developed in the future, solely on and through 7SCENES and subject to these Terms of Use. You represent and warrant that you have sufficient rights to grant this license. In case of a claim by a third party you indemnify us against all claims concerning the Content disclosed by you or through your account. Removal of your account on 7SCENES – regardless of its reasons – does not terminate this license - unless this license appears to have been granted wrongfully or unlawfully – nor does it end your obligations and liability as set out in this clause. We reserve the right to hold you liable for all (financial and other) consequences. 

2.                   We encourage Users to contribute their creations in the public domain or consider the use of progressive licensing systems such as Creative Commons (www.creativecommons.org) .

 3.                   7SCENES obeys all actual and relevant laws concerning intellectual property (including – but not limited to – copyright laws and industrial laws). We will therefore investigate all notifications concerning possible infringements of intellectual property rights and have the right to remove any Content deemed to have been disclosed contrary to any intellectual property law, without prior report.

 

3.                   NOTIFICATION AND TAKE DOWN

1.                   In case of a possible infringement of any intellectual property law on or through 7SCENES, please act as follows:

a.                     send us a description, copy or other example of the work to which the notification refers, as well as information that allows 7SCENES to locate the work;

b.                     send us the name, (email)address and other necessary information of the owner of the work, as well – if possible – information about the (digital) location where the work has been disclosed previously;

c.                   send us a copy of the physical or electronic signature of the copyright owner or his legal representative;

d.                   provide us with a statement  by you that in good faith you are of the opinion that the work has been disclosed without the necessary consent of the owner of the work, or – with substantiation - has been disclosed contrary to the law;

e.                   if you are not the owner of the intellectual property right: provide us with a statement that you are, under the pains and penalties of perjury,  authorized by the owner to represent him in this matter.

2.                   Notifications can be sent to 7SCENES B.V, Nieuwmarkt 4, 1012 CR Amsterdam, The Netherlands, or to info@7scenes.com, stating as subject: “Copyright Infringement”.

3.                   7SCENES will confirm the receipt of your notification and inform you about the outcome of the investigation of 7SCENES and its conclusion as soon as possible, but at least within three (3) months after notification.

 

4.                   LIMITATION OF LIABILITY

1.                   7SCENES is made available to you for your convenience on an “as is”and “as available” basis. We do not warrant or make any representations or warranties (including but not limited to merchantability, fitness for a particular purpose, satisfactory quality, reliability or non-infringement) regarding the use and/or the results and/of the use and/or the Content. You understand that 7SCENES may have software “bugs” or other  deficiencies concerning its functionality and availability. In addition to all other disclaimers and limitations of liability as referred to in these Terms of Use, you specifically agree that we are not liable for any issue as mentioned above. Moreover, you understand that  we do not warrant or represent that  7SCENES will work (properly) on all mobile phone networks and/or will be available in all geographical areas.

2.                   We shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use or the inability to use 7SCENES, or the results or Content thereof, to the greatest extent permitted by law.

3.                   If you are dissatisfied with 7SCENES, or have any other dispute or claim with or against us with respect to 7SCENES or these Terms of Use, then your sole and exclusive remedy is to discontinue using 7SCENES.

 

5.                   GENERAL

1.                   We reserve the right to modify or terminate the access to 7SCENES to you for any reason, without notice at any time.

2.                   We reserve the right to deny access to 7SCENES to anyone at anytime.

3.                   In case of violation clause 1 of these Terms of Use, we have the right close down the account at all times and hold the User of this account liable for all possible damages, arising from this violation.

4.                   7SCENES makes it possible to forward Content, as disclosed on 7SCENES, to other websites. This use is encouraged, as long as these other websites are willing to place a hyperlink to the 7SCENES Website.

5.                   You can use the basic services and functionalities of 7SCENES free of charge. However, you accept that you will have to pay for any and all network data charges (including, but not limited to, your internet access charges and mobile (phone) network charges) that may be incurred while using 7SCENES.

6.                   We may display and send you targeted advertisements on or through 7SCENES. In addition to these Terms of Use, additional terms and conditions may be applicable when opting in to these advertisements.

7.                   Since we are constantly working on the development of the features and functionalities of 7SCENES, we reserve the right to alter these Terms of Use at any time to our sole discretion. The thus altered Terms of Use will be publicized on the Website, from which day on they will be in force (unless stated otherwise).

8.                   To the subscription for using 7SCENES these Terms of Use are applicable, with the exclusion of any other terms of use. The subscription by the User and these Terms of Use are governed by the laws of The Netherlands. Any dispute that may arise will be subject to the Court in Amsterdam.

9.                   If any of the provisions of these Terms of Use appear to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent, while the rest of the Terms of Use remain in full force and effect.

These Terms of Use take effect commencing on [date] and are filed at the Court Registry at Amsterdam, number [file number].

 

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