Terms and conditions
PLEASE READ THIS DOCUMENT CAREFULLY.
SNDS, in cooperation with Userfarm Italia S.r.l. ("Userfarm," "we," or "us”), presents this online platform and community , through this website located at videofactory.snds.ch (the "Website") and related domains and applications (collectively, the "Service"). By browsing the website as an anonymous user, and/or using the Service in any way registering as member, you accept these terms and conditions, which forms a binding agreement between you and Userfarm. You may not use the Service if you do not accept these terms.
TERMS OF WEBSITE AND SERVICE
Your use of the Website and any Services available on or from or through the Website is subject to the terms of a legal agreement between you and Userfarm.
The Terms apply to all users of the Service, including registered members who are also contributors of content on the Service through available interactive features such as scripts, votes, comments, graphics, photos, audiovisual combination (excluding creative content related to specific initiatives as detailed below), which can be accessible to all users on the Website.
In addition to these Terms, Userfarm may provide specific terms and conditions and other documentation for certain activities on the Website, including but not limited to, projects, call for creativities or other initiatives (collectively "Calls"). These Terms are incorporated by reference into the specific term and conditions which you may request to accept in order to participate to Calls. To the extent that any conflict exists between these Terms and any specific terms of the Calls, the terms of the Call in which you choose to participate shall govern.
Userfarm reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at videofactory.snds.ch/en/terms-and-conditions or made available within the Service (for any modified additional terms) or via email, if you are a registered member. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
WHO MAY USE THE SERVICE
Type of users : browsing the Website, as an anonymous user, does not require any kind of registration. To fully use the Service and participates to any kind of calls, posting your creativities on the website, you must register as a member.
Age requirement : You must be at least 18 years old to become a registered member. If you are a minor you must have your parent or legal guardian's permission to use the Service as visitor. Please have him or her read this Agreement with you.
Notice to parents and guardians : By granting your child permission to use the Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's access to the Website and use of the Service. If your child is using the Service as visitor and does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Service is appropriate for your child, please contact us at email@example.com.
Registration accuracy : You must provide complete and accurate registration information and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
Username : We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You shall not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Account security : You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately to firstname.lastname@example.org.
Account deletion : You may delete your account at any time.
Registered users’ contents and liabilities : Registered users are responsible for any content they post to the Services, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide content that you are comfortable sharing with others under these.
You retain your rights to any content you submit, post or display on or through the Services (excluding content related to Calls which are separately regulated by specific terms and conditions). In order to make the Services available to you and other users, Userfarm needs a license from you. By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content on the Website and related social media platforms, in any and all media or distribution methods (now known or later developed).
You will indemnify, defend, and hold harmless Userfarm and its assignees (including sponsors), as well as their affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Website and through the Service; (ii) assert a violation by you of any term of these Terms; or (iii) assert that any content you submitted to violates any law or infringes any third party right, including any intellectual property or privacy right.
Termination for breach : Userfarm may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Userfarm determines that you have violated any provision of this Terms or that your conduct or content would tend to damage Userfarm's and/or third party’s reputation and goodwill. If Userfarm deletes your account for the foregoing reasons, you may not re-register for the Service and your your email address and Internet protocol address may be blocked to prevent further registration. In the event of account deletion for any reason, content that you submitted may no longer be available. Userfarm shall not be responsible for the loss of such content.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services.
RESTRICTION ON THE USE OF THE SERVICE
Userfarm grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
(i) you must behave in a civil and respectful manner at all times;
(ii) you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any content available on the Website (the “Content”), in any medium without Userfarm's prior written authorization, unless Userfarm makes available the means for such distribution through functionality offered by the Service, such as social plugins;
(iii) you agree not to alter or modify any part of the Website or any of the Service (including but not limited to its related technologies);
(iv) you agree not to access Content through any technology or means other than those made available through the Website itself or such other means as Userfarm may explicitly designate for this purpose;
(v) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
(vi) you agree not to use the Service for any commercial purposes as well as not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service;
(vii) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
(viii) you agree not to (or attempt to) collect or harvest any personal data of any user of the Website or any Service;
(ix) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
(x) you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
(xi) You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Userfarm.
Userfarm respects third parties’ intellectual property rights and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us email@example.com with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Userfarm will also terminate a member account if the user is determined to be a repeat infringer.
WEBSITE CONTENT AND USERFARM RIGHTS
With the exception of Content submitted to the Service by members (unless otherwise set out by specific terms and condition for Calls), all right, title, and interest in and to the Website and Services are and will remain the exclusive property of Userfarm and its licensors. The Services, Website and Content are protected by copyright, trademark, and other intellectual property laws. Userfarm reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Userfarm, or the Services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Userfarm be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
Other website(s) may link to our Website, provided that this does not imply any endorsement of such website(s) products or services by Userfarm, does not misrepresent its relationship with or present false information about Userfarm, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Userfarm reserves the right to withdraw such permission at any time and to take any other appropriate action.
DISCLAIMER AND LIMITATION OF LIABILITY
Your access to and use of the Services is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, USERFARM DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Userfarm makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any opinions expressed via the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iv) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Userfarm or through the Services, will create any warranty not expressly made herein.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USERFARM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT USERFARM HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent any disclaimer or limitation of liability above does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
GENERAL LEGAL TERMS
Governing law and disputes : These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to principles of conflicts of law. Any disputes arising under or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the Courts of Milan (and you consent to the jurisdiction of those courts).
Termination : Notwithstanding any of these Terms, Userfarm reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and access the Services, and to block or prevent your future access to and use of the Website and Services. If you are a registered member you may terminate your legal agreement with Userfarm at any time for any reason by sending an email to firstname.lastname@example.org and discontinuing your use of the Services.
Interpretation; severability; waiver; remedies :Headings are for convenience only and shall not be used to construe these Terms. If any term is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Userfarm in exercising any right hereunder will waive any further exercise of that right. Userfarm's rights and remedies hereunder are cumulative and not exclusive.
Successors; assignment; no third party beneficiaries : These Terms are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without Userfarm's prior written consent. No third party shall have any rights hereunder.
Notices : You consent to receive all communications including notices, agreements, disclosures, or other information from Userfarm electronically. Userfarm may provide all such communications by email or by posting them on the Website. For support-related inquiries, you may contact us at email@example.com. You may send notices of a legal nature to Userfarm at firstname.lastname@example.org.