Terms Of Service
This User Agreement is hereby made by and between you (User) and 1080dots. (1080dots B.V.), and contains the terms and conditions that apply to User’s use of the platforms (as defined below) offered by 1080dots B.V. at any of their .1080dots.com domains (Website(s)) or Online Services).
BY CLICKING ON THE “ACCEPT” BUTTON OR ACCESSING OR OTHERWISE USING THE SERVICES, USER HEREBY REPRESENTS AND WARRANTS THAT IT IS DULY AUTHORIZED TO ENTER INTO AND BIND USER OR THE ENTITY USER REPRESENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES AND AGREES THAT ALL SUCH USE BY USER IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO THESE TERMS OR IS NOT AUTHORIZED TO BIND THE ENTITY USER REPRESENTS, DO NOT CLICK THE “ACCEPT”, “LOGON”, “LOGIN”, “SIGN IN”, “UPLOAD”, “DOWNLOAD” OR “SUBMIT” BUTTON.
To sign up for one or more of the 1080dots Online Services, you may register for a company account (Account). (Contact your 1080dots or reseller ‘account manager’ for creating the company (Client) account. Within the company account it is possible to create user accounts. You must provide accurate and complete information and keep your account information updated. You shall not select or use as a username a name: (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
License. Subject to User’s full compliance with the terms and conditions of this Agreement, 1080dots B.V. hereby grants User a non-exclusive, non-transferable, non-sublicensable license to use 1080dots B.V.’s online services whereby Users with an existing or newly created company account (a paid service of 1080dots B.V.), can offer Digital Signage or Broadcast services to their own or for their clients, including but not limited to upload store and publish media/content and playlists to channels/player(s), writing, drafting, editing, publish, sharing content or playlists, creating or storing or uploading compositions, templates and/or creation of graphics and/or other visual presentations or arts, and/or audiovisual media of any kind. Except for the limited rights and licenses expressly granted to User, offered within the contract or specified in a specific service, for example (but not limited) to a limited number of storage, traffic, channels, players, and/or playout to specific broadcast regions or branches. No other license is granted, no other use is permitted and 1080dots B.V. (and its licensors) shall retain all rights, and interests (including all intellectual property and proprietary rights) in and to the Platform and the Services.
Restrictions. Except as expressly permitted in this Agreement, User shall not directly or indirectly (i) use any of 1080dots B.V.’s Confidential Information (as defined below) to create any service, software, documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Platform, or the underlying ideas, algorithms or trade secrets therein, (iii) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, (v) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the EU (European Union) or any other relevant jurisdiction or (vi) permit any third party to engage in any of the foregoing proscribed acts.
Confidentiality. User agrees that the business, technical or financial information of 1080dots B.V., that is designated in writing as confidential, or is disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of 1080dots B.V.. User will hold in confidence and not disclose any Confidential Information and shall similarly bind its employees, consultants, and independent contractors and will use the Confidential Information only for the purpose for which it was disclosed.
Intellectual Property Rights and Warranties.
Copyright of supplied or published content. User shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, store, submit or otherwise distribute or facilitate distribution of any kind, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) User knows is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information; (vi) uses information about users for any reason without the express prior consent of the user that has provided such information to User; (vii) impersonates any person or entity, including any of 1080dots B.V.’s employees or representatives; or (viii) includes anyone’s identification documents or sensitive financial information.
Termination. User may terminate his/her Account by following the instructions on the website or online services. Or as defined in the agreement signed between the User’s company and 1080dots B.V.. Suspending or termination of User access or company accounts only occurs on fair and reasonable terms and only occurs when there are contract infringements or abuse of the online services by User, or at the end of the contract. When the supplied account is not used for more than 12 months the account and/or it’s content can be suspended or deleted.
Warranty Disclaimer. THE SERVICES ARE PROVIDED BY 1080dots B.V. “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY 1080dots B.V.. 1080dots B.V., AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET USER’S REQUIREMENTS.
Indemnification. User shall defend, indemnify, and hold harmless 1080dots B.V. and its Users and their respective affiliates and/or each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) User’s use or misuse of, or access to, the Services, (ii) User’s Submissions, (iii) User’s violation of this Agreement, or (iv) infringement by User, or any third party using User’s Account or identity in the Services, of any intellectual property or other right of any person or entity. 1080dots B.V. and its Users, as the case may be, reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with 1080dots B.V. and such User’s in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL 1080dots B.V., NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws in the Netherlands. User agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of North Netherland.
Modifications. 1080dots B.V. reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending User a notice through the Services, via e-mail or by another appropriate means of electronic communication. 1080dots B.V. may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. User’s continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
Entire Agreement. This Agreement is the entire agreement between User and 1080dots B.V. with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and 1080dots B.V. with respect to the Services.
Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. 1080dots B.V. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Story. This Agreement is personal to User and/or company, and is not assignable, transferable or sublicensable except with 1080dots B.V.’s prior written consent. 1080dots B.V. may assign, transfer or delegate any of 1080dots B.V.’s rights and obligations hereunder without consent.
Publicity. 1080dots B.V. shall retain the right to use, publish and otherwise disseminate User’s company name, byline, logo, and likeness in 1080dots B.V.’s marketing material and on the Website, for promotional purposes and for any other lawful purpose. If the company doesn't want to be published in any way for marketing or promotional purposes, the company can request this by his or her account manager at 1080dots or one of their resellers.
Notices. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@1080dots B.V.com.
No Waiver. 1080dots B.V.’s failure to enforce any part of this Agreement shall not constitute a waiver of 1080dots B.V.’s right to later enforce that or any other part of this Agreement.
Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
Should you have any question or concern, please write to firstname.lastname@example.org.