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OVERVIEW

EF London Ltd (“We” or “Us” or “Our” or “EF EVE”) is really pleased to introduce to you (“you” or “User”) EF EVE platform where you can publish, download, upload your volumetric video, photogrammetry and photo realistic 3D assets, embed our proprietary container into third-party websites as well as use our volumetric video capture app. Our proprietary volumetric capture software, tools, proprietary 3D assets container, platform with all of its elements, in combination or one by one in this agreement ( or “Terms of use”) are referred to as the “Services”.

Please read the agreement carefully before using any of the Services. By accessing the site, viewing any content or using any of the Services EF EVE provides you are agreeing to be bound by this Terms of use agreement. If you disagree with any of the terms presented, you may not use the site.

By using the Services, you agree that your information may be collected and used in accordance with our Privacy Policy and this Agreement.

 

1. GENERAL TERMS

1.1. Licence to use the site

This agreement will become effective upon Creating Account and will remain in effect for the duration of your Account. To register for an Account or use any of the Services you must be a legal entity or/and you represent and warrant that you are 18 years of age or older. A person under the age of 13 are minors and are prohibited from registering with or using any of the Services.
We may, in our sole discretion, refuse to offer the Services to any person or business as well as terminate your right to use the Services and prevent your future access to the Services.
The rights to use our Services gives a licence but not a transfer of title. You may not and you must not allow or permit anyone else to proceed with the following:

  • It is prohibited to de-compile, reproduce, reverse engineer, distribute, modify, translate, create derivative works from, or otherwise use all or any portion of our Services.
  • It is prohibited to mine, hack or survey the site, copy any proprietary information from our site and remove any copyrights.
  • You are not allowed to spam, bulk or make any unsolicited communications, collect or store personal data about other users.
  • You are prohibited to promote or carry out any illegal activity.
  • You are prohibited to violate the legal rights of others,
  • You are prohibited in any way share any content that is pornographic, threatening, harassing, harmful, racist, offending.
  • You are prohibited to share any content or material which would falsely state your identity.
  • You are prohibited to carry out any activity which would violate intellectual property rights or other rights of third parties.
  • Carry out activities which would interrupt or suspend the Services from working.
  • You are prohibited from transferring your account to any other person or party.

1.2. EF EVE Content

Our content is protected by copyright law, trademark laws and international treaty. Your use of the Services we provide does not grant you any rights or ownership over our content. We reserve all rights not expressly granted to you in this Agreement. Our slogans, logos, trademarks, whether registered or unregistered may not be used without our prior written consent to do so.

2. USERS

You must provide only accurate and true information about you in regards to your account as well as update it the information regularly to maintain it current and accurate.  You may not transfer your account to any third party and take all the necessary measures to keep your login information private and confidential. You agree to contact us immediately in case you become aware that breach of security occurred.

You are solely responsible and liable for all activities conducted through your account.

3. PAYMENT

Many Services on the site are free to use. However, if you wish to subscribe to any paid Services we provide you agree to pay the purchase price as well as any taxes related to the purchase. Payment will be due at the beginning of each subscription period.
Your represent and warrant that you have the legal right to use any bank account, credit card, online payment system that you use to pay for the Services. You are responsible for paying any applicable taxes relating to your purchases.
In the event of a pricing change to your Paid Services plan subscription, we will inform you within one month before the new prices take place. If you do not wish to continue with the paid subscription you have, you have to cancel your Paid Services plan.

4. SITE OWNERSHIP

All of EF EVE Content on the Site and available through any of our Services which includes all of the text, graphics, 3D models, images, data, video, audio and other materials are copyrighted proprietary material of EF EVE. The information may not be copied, modified, reproduced, published, uploaded or distributed without our prior permission. We own and retain, solely and exclusively, all rights, title and interest to the Services as well as all EF EVE Content that we or create and make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant you any ownership over any of EF EVE Content, or grant you any license or permission under any copyright, trademark or other intellectual property rights. We reserve all rights not expressly granted to you in this Agreement.

5. USERS CONTENT

During the use of the Services, Users may upload User Content which includes but not limited to photorealistic 3D models, photogrammetry scans, volumetric video. You remain the owner of your User Content and EF EVE does not claim any ownership rights to your User Content. This Agreement applies to all of the User Content that you contribute on the Site. You are solely responsible that any User Content you add to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights or publicity rights.You agree that the User Content you upload can be used in accordance with our Privacy Policy.

5.1. Licence regarding your content

By using the Services you hereby grant royalty-free, perpetual, irrevocable world-wide, licences (the “Licences”) to EF EVE to use, publicly display, copy, modify, reformat and distribute Your publicly available User Content, and to use the name and trademark that you provide in association with Your Content.

Use of Free User Content
Users may make their User Content free to download under Creative Commons licenses. For more information, see https://creativecommons.org/licenses/. User is solely responsible for choosing the right licence. The User who downloads User Content which is available under the Creative Commons licence agrees to the terms of the Creative Commons license that applies at the time of download. Users who make their User Content available for free to other Users understand and accept that their Content may be made available and can be downloaded from a third party application or website, through our download API. Users who access and download User Content through our download API operated by us will be authenticated and agrees that the use of the download API is governed by these Terms.

Use of Paid User Content
Users may choose to make their User Content available to download for a price.If you have chosen to do so you grant us the right to grant other users rights. In such event, you grant us the right to grant other users a nonexclusive, non-sublicensable, non-transferable, perpetual, worldwide right to use your User Content for the purposes and under the conditions detailed in our user license agreement. This licence which might be either subscription based or one of payments is subject to payment by other users. EF EVE is entitled to a commission in accordance to our commission price list, which might be updated from time to time. Users who make their User Content available to purchase other Users understand and accept that their Content may be made available and can be downloaded from a third party application or website, through our download API. Users who access and download User Content through our download API operated by us will be authenticated and agrees that the use of the download API is governed by these Terms.

5.2. Representation regarding your content

You represent and warrant that you own your content; you have the right to grant Licence; your User Content will not violate any additional content restrictions set in this Agreement, and that to the greatest extent permitted by law, you irrevocably and without reserve waive all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of EF EVE, including any right to be associated with your User Content or any right to restrict or prevent the modification or use of your User Content in any manner. You agree not to use them against Us or any of the Services users.

5.3. Content disclaimer

EF EVE does not endorse or in any way approve any content on the Site or other Services. We will not be responsible or liable for content that is generated by the Site or other Services users.

5.4. Right to monitor and disclose information 

You agree that you carry all risks associated with your User Content. You are solely responsible for keeping back-up copies of all of Your Content. EF EVE do not monitor everything on the Site or the use of our other Services nor we have to store any data for future availability. We reserve the right to remove, re-format, delete, edit or reclassify User content that we determine, in our sole discretion, without prior notice, for any reason or for no reason at all. We will not have any liability for any failure to remove or delay in removing any User content.We will disclose any information that is necessary to comply with any laws, regulations and lawful requests as well as is necessary to operate the Services.

6. WARRANTIES, LIABILITIES AND INDEMNITY

This section contains very important information regarding the liability of EF EVE that every User should read carefully and if necessary consult with his legal advisor.

6.1. DISCLAIMER

EF EVE DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES IN RESPECT TO THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTIES UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

6.2. LIMITATION OF LIABILITY

EF EVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SERVICES OR FROM ANY INFORMATION, EF EVE CONTENT, TOOLS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER.

6.3. MAXIMUM LIABILITY

IF, DESPITE THE ABOVE LIMITATIONS, WE BECOME LIABLE TO YOU IN RESPECT OF THE SITE, SERVICES, INFORMATION, EF EVE CONTENT, TOOLS, PRODUCTS, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO THE AMOUNT USER PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES.

6.4. INDEMNITY

YOU WILL INDEMNIFY EF EVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, INJURIES, SUITS, LOSSES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
1.YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT AND AND/OR 2. VIOLATION OF ANY THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY, PUBLICITY OR PRIVACY RIGHTS AND/OR 3. THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR INFORMATION, CONTENT OR DATA OR WARRANTIES TO US; AND/OR 4. ANY CLAIM THAT ANY OF YOUR USER CONTENT CREATED DAMAGE TO ANY THIRD PARTY; AND/OR 5. YOUR USE OF THE SITE AND ANY SERVICES WE PROVIDE.

7. INTELLECTUAL PROPERTY CLAIM

If you believe that any content that user posts on the Site or via any of our Services infringes your rights, you should notify us immediately by sending us a written notice or an email with the following information:

EMAIL: support@ef-eve.com

Address: EF London, Kemp House 152-160 City Road, London EC1V 2NX

(a) your name and address;

(b) Identification of the copyrighted work claimed to have been infringed,

(c)  Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.

(d) identifies your work or other subject-matter that you claim is being infringed, and provide evidence to your interest or right with respect to the copyright in that work;

(e) Your physical or electronic signature.

Upon receiving your written notice we will:

(a) forward the notice electronically to the person who posted the User Content to which you urged to have the rights; and

(b) inform you that the notice has been forwarded

 

If you are the user who posted the allegedly infringing User Content, please submit a counter-notification:

(a) your name and address;

(b) Identification of the copyrighted work claimed to have been infringed,

(c)  Identification of the material that is claimed to be infringing

(d) A statement with all the support material why you believe that the content rights belong to you.

 

We do not have any other obligations or liability regarding any allegedly infringing activities by third parties on our Site.

8. TERMINATING THE SERVICE

EF EVE reserves the right to terminate your account without prior notice if you fail to comply with any obligation in this Agreement or your actions are harmful to other Users, third party, partner companies. We may also terminate or suspend any or all of the Services at any time without prior notice. If you wish to terminate your account yourself you are able to do that at any time.
In any case of termination of this Agreement and/or after you otherwise stop using the Services, the following be applicable to you in full force and effect: all the outstanding obligations between you and us; all remedies for breach of this agreement and sections 1, 5, 6, 7, 8, 9, 10, 12 will survive termination.
We reserve the right to modify or stop offering all or part of the Services at any time.

9. OTHER WEBSITES LINKS

By using our Services you might encounter links to the other sites which we do not own nor we control the content on it. Therefore we do not take any responsibility or liability for any content, action or materials available on those sites. Also, it does do imply any endorsement or sponsorship to the site. You are using those sites at your own sole risk and we may in no circumstances be involved in any disputes between you and third parties concerning Third-Party Services.

10. GOVERNING LAW

This Agreement will be governed by the laws in effect in London, United Kingdom. You agree to submit any claims you might have to the personal jurisdiction of the courts located in London.
Access to the Services from jurisdictions where such access is illegal is prohibited.

11. AMENDMENT OF THIS AGREEMENT

In our sole discretion we may modify the terms of this Agreement by posting the modifications on the Site or emailing a notification or otherwise notifying Users via the Services. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for one month.

12. MISCELLANEOUS

This Agreement, together with our Privacy Policy, represents the entire agreement between EF EVE and the User with respect to the use of the Services. No delay or failure to act by EF EVE regarding any default will impair any of our rights or remedies that are not expressly waived in writing. You must not assign or sub licence this Agreement or any right or obligation hereunder to any third party. EF EVE can assign or sublicense this Agreement and any or all of our rights and obligations under it to any third party. You agree that this electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions constitutes a “signing” of it. You agree to receive communications from us via email or by posting notices on the Services.
EF EVE will not be liable for any delay or damage caused as a result of any event beyond its reasonable control as well as any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.

The effective date of these Terms of Use is March 22th, 2019.

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