GENERAL TERMS AND CONDITIONS
General Information, Contracting Parties, Scope Of Application
MY VIVENDA is a leading innovative Multimedia Saas-software company specializing in POD (Printing on Demand), Individual websites, Landingpages and Object Video recording technologies. Headquartered in Sittard, The Netherlands. the company's develops technology the Video APP automatically develops a complete object Video including music, editing of shots, logos and photo of the filmer. MY VIVENDA also develops POD Software based on Indesign to produce standard printed materials (PDF) and to deliver them as a printed product or not in 48 hours. MY VIVENDA also provides a SAAS solution for the creation of landing pages for objects. These landing pages are unique in its kind, completely in CI of the customer and within them Video's & 360° VR Tours can be integrated. MY VIVENDA provides the "MY VIVENDA POD, Landingpages & Video APP SERVICES" that offers users to subscribe MY VIVENDA's AR, VR and 3D content platform services and that charges users the monthly fee, licensing fee, or commissions (but not limited). The services of the MY VIVENDA POD, LANDINGSPAGE & Video APP SERVICES are offered to the user by MY VIVENDA Media Group BV, a Dutch corporation, with a principal place of business at Bergerweg 170
6135 KD Sittard The Netherlands and for customers residing in Switzerland by MY VIVENDA Switzerland GmbH, Schaffhauserstrasse 24, 8442 Hettlingen, Zürich (hereinafter referred to as "MY VIVENDA").
"MY VIVENDA" are the MY VIVENDA Media Group BV., a Dutch corporation, with a principal place of of business at Bergerweg 170, 6135 KD Sittard The Netherlands and for customers residing in Switzerland the MY VIVENDA Switzerland GmbH, Schaffhauserstrasse 24, 8442 Hettlingen, Zürich(hereinafter referred to as "MY VIVENDA").
- " MY VIVENDA POD, LANDINGSPAGE & Video APP SERVICES " are the content platform services and software (Apps) that offer users to subscribe MY VIVENDA's content platform services and that charges users the monthly fee, licensing fee, or commissions (but not limited). (The detail article of subscription fee shall be set separately depending on different countries and areas.)
- "Functions" are all non-binding,
cost-free and without warranty for their absence of errors i.e. defects
as to quality provided functions, such as the connecting of the "MY
VIVENDA WEBSITE & APP SERVICES" with compatible terminal device
which may control the "MY VIVENDA WEBSITE & APP SERVICES" , the
access to services offered on www.myvivenda.com, the synchronization of panoramas and their 360 degrees or VR display on compatible terminal devices.
- "User" are persons who have visited or installed the "MY VIVENDA WEBSITE & APP SERVICES" on their compatible terminal devices and who use the provided services.
- "Media" are all films, files and landingpages that the user has created and imported by "MY VIVENDA WEBSITE & APP SERVICES".
- "Videoshots" are media that are edited by the services of "MY VIVENDA WEBSITE & APP SERVICES" and "edited" together by the MY VIVENDA Video APP.
- "Services" are all non-binding online services and functions provided by MY VIVENDA on www.myvivenda.com
- "www.myvivenda.com" is the web presence offered by MY VIVENDA through www.myvivenda.com
- "Compatible terminal devices" are smart phones, tablets, handset devices, digital cameras, photographic equipment and other computers running operating systems which the "MY VIVENDA WEBSITE & APP SERVICES" was developed for, from whose app stores the "MY VIVENDA WEBSITE & APP SERVICES" may be downloaded and on which the "MY VIVENDA WEBSITE & APP SERVICES" is executable. MY VIVENDA does not provide any guarantee that the "MY VIVENDA WEBSITE & APP SERVICES" runs on a certain terminal device.
App Features, Object Of Agreement, Disclaimer Of Warranty
- This contract covers the license of the "MY VIVENDA WEBSITE & APP SERVICES" besides the assignment of all necessary rights of use in accordance with § 4. By the way of downloading/open the app from any app store of a third party insofar as it provides the "MY VIVENDA WEBSITE & APP SERVICES", MY VIVENDA provides a copy of the app in digital form available to the user.
- As long as using the “MY VIVENDA WEBSITE & APP SERVICES” the user signed this contract, the user is not entitled to claim absence of errors and defects as to quality of the “MY VIVENDA WEBSITE & APP SERVICES” and its features. Any claims resulting from malicious nondisclosure of a defect in quality remain unaffected.
- Subject to the terms and conditions of this Agreement, MY VIVENDA grants to user a non-exclusive license to use, display, commercialize and incorporate the Deliverables in object form into the “MY VIVENDA WEBSITE & APP SERVICES”. All user’s Deliverables which created by the “MY VIVENDA WEBSITE & APP SERVICES” can freely be used by MY VIVENDA in all marketing materials or showcased in MY VIVENDA’s website or social media, but not limited. MY VIVENDA shall have the right to display, and use the deliverables using user’s own trademarks, trade names, service marks and look and feel, but not limited.
Granting Of Rights
- MY VIVENDA grants to the user the non-exclusive, non-transferable and non-sublicensable right of use of the "MY VIVENDA WEBSITE & APP SERVICES" according to the terms of the contract. The contractual usage includes solely the installing as well as the loading, display and running of the "MY VIVENDA WEBSITE & APP SERVICES" on the terminal device that the app was downloaded onto, limited in temporal perspective to the period of installation on the particular device.
- Beyond the legally permitted cases, the user is not entitled to duplicate, edit or decompile the "MY VIVENDA WEBSITE & APP SERVICES".
- If the user infringes the terms set out above or if he/she uses the "MY VIVENDA WEBSITE & APP SERVICES" beyond the granted rights of use, all rights of use granted in the context of this contract are immediately rendered ineffective and automatically revert to MY VIVENDA. In this case, the user has to refrain immediately and completely from using the software and he/she has to delete the "MY VIVENDA WEBSITE & APP SERVICES" immediately.
- Notwithstanding anything to the contrary, MY VIVENDA retains all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Software, Images, Panoramas, all copies and derivative works thereof (whether by whomever produced), and (ii) all copyright rights, patent rights, trade secret rights, moral rights and all other intellectual property and proprietary rights (IPRs) anywhere in the world in the Software, services and deliverables.
- Users shall not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of the "MY VIVENDA Products".
- MY VIVENDA shall in no event be liable for any indirect, special, exemplary, incidental or consequential loss or damage or for any lost profits, lost savings or loss of revenues suffered by users arising from or in any way connected with this agreement or use of MY VIVENDA products.
- The Software and service is only licensed to Licensee and is not sold.
- MY VIVENDA reserves the right to block a user account or charge an additional fee in case of excessive use of bandwith (over 10 GB per month).
- This Agreement shall be governed by and construed in accordance with the laws of The Netherlands
- Any claims for damages by the user are excluded unless in those cases where the user’s claims for damages arise from injury to his life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by willful or grossly negligent breach of duty by MY VIVENDA, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.
- In the event of a breach of material contractual obligations through ordinary negligence, MY VIVENDA shall only be liable for any foreseeable damage typical for the contract, unless the damage claim is for injury to life, body or health.
- The restrictions set forth in subsections (1) and (2) above also apply in favor of MY VIVENDA's legal representatives and vicarious agents if damages are claimed directly from them.
- When users apply for level upgraded or downgraded (users or landingpages) in the current month, the billing rate adjustment will be valid from the next billing cycle. However, the “MY VIVENDA WEBSITE & APP SERVICES” subscription will not be refunded during the complete subscription period.
- Shipping of physical components of "MY VIVENDA WEBSITE & APP SERVICES" is estimated to 4 to 7 days. MY VIVENDA is not liable for all additional delays that may occur beyond its control. The user may contact MY VIVENDA to inquire more information about the shipment. MY VIVENDA is not liable for any custom and import taxes that may occur. MY VIVENDA is not liable for any misuse of the physical components provided to the user and/or of any damage to the user's own equipment resulting from the usage of the physical components.
Subscriptions, Cancellation and Refunds.
- MY VIVENDA offers two types of subscriptions: Monthly and Annual. Both these subscriptions only refer to the way payment will be fulfilled. Both these subscriptions are always for a mimum subscription period of 1 year from the moment of subscribing with an automatic renewal at the end of said 1 year period.
By subscribing to one of our services you automatically agree with this 12 month subscription period.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you can cancel your subscription.
Annual Subscription: by purchasing an annual subscription, you agree to an initial pre-payment for one full year of service. After one year an annually thereafter you will be billed a recurring annual subscription renewal fee at the then current monthly subscription rate, until you cancel your subscription. You can cancel your subscription up to three months before subscription end date.
Cancellation can be done by either emailing email@example.com or by navigating to your
subscription portal and clicking on “manage subscription”, clicking on the active subscription and then clicking “cancel subscription”. Cancellation requests can take place up to 3 months prior to subscription end date. After this period subscriptions will be automatically be renewed. Cancellations will take effect not prior to 12 months after subscribing.
Refunds Subscriptions that get cancelled within the cancellation period will stop at the end of the subscription period. MY VIVENDA does not offer refunds for partially used subscriptions.
- MY VIVENDA collects, stores and processes all personal data collected in the context of orders of goods for the purpose of purchase processing and in the context of the provided services, for the purpose of providing MY VIVENDA’s services, provided that users have explicitly consented to the processing of such personal data, including any potential subsequent warranties, for MY VIVENDA ’s services, for the technical administration as well as for MY VIVENDA ’s own marketing purposes, subject to the users’ right to object at any time.
far as it is necessary for the purpose of processing the purchase or of
providing MY VIVENDA’s services or if the user has explicitly agreed to
it, personal data will be shared or otherwise transferred to third
parties. MY VIVENDA collects personal data of the user for surrendering
the “MY VIVENDA WEBSITE & APP SERVICES” via the App Store of third
Sharing User’s Content and Information
- User shall know that when you own all of the content and information you post on “MY VIVENDA WEBSITE & APP SERVICES”, and you can control how it is shared through your privacy and application settings. In addition, User should follow this protocol and rule as below :
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with “MY VIVENDA WEBSITE & APP SERVICES” (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of “MY VIVENDA WEBSITE & APP SERVICES”, to access and use that information, and to associate it with you (i.e., your name and personal information).
- We always appreciate your feedback or other suggestions about “MY VIVENDA WEBSITE & APP SERVICES”, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- The MY VIVENDA Video App uses API Clients to be able to upload directly to a user's Youtube Channel. By making use of this API Client and logging in to your google-account using this API client you are agreeing to be bound by the Youtube Terms of Service. https://www.youtube.com/t/terms
- As far as the user is a professional with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other users, the contracts between MY VIVENDA and its users are governed by the law of the The Netherlands.
- Venue for all disputes arising from contractual relations between the user and MY VIVENDA is MY VIVENDA's registered office, provided that the user is a salesperson, a legal person under public law or a special fund under public law.
- If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.
- The following rules are mandatory and apply to the conduct of all users, to the content of all profiles, to all panoramas and videos as well as to all dealings with data that are accessible on www.myvivenda.com.
- All users shall maintain a respectful manner of expression and polite interaction. No one shall be negatively emphasized, defamed, harassed, insulted or ridiculed.
- Any contents that contravene applicable law are not permitted. MY VIVENDA reserves the right to bring legal action in the event of criminal activities
- Any racist, violent,
politically extremist, sexist, discriminatory or otherwise offensive
contents as well as contents that insult, frame, threaten or verbally
diminish another person, ethnic groups or religious confessions are not
- Video’s and photos showing pornographic motifs and images of physical or sexual violence are not permitted. Likewise images of victims of violent acts, war and natural catastrophes, the usage of unconstitutional symbols as well as the illustration of motifs that glorify violence or acts of war are prohibited. Contents that contravene human dignity, in particular the illustration of humans who are or have been dying or suffering from serious physical or psychological illness are inadmissible, whereby an actual event is reported in absence of a legitimate interest for this particular form of illustration or reporting; any consent is irrelevant.
- Data must not be read, stored, edited, changed, forwarded or otherwise misused manually or automatically for the purpose of data acquisition without consent.
- It shall be prohibited to set up profiles and
websites within the network that serve to read out, store, edit, change,
forward or otherwise misuse information.
must not be any technical attacks in order to entirely or partly
change, misuse, delete or otherwise damage data of individual users.
Likewise, technical attacks of any kind on the servers and data bases
of MY VIVENDA are prohibited.