Creshare end user license agreement
This End User Licensing Agreement (hereinafter referred to as the “Agreement”) is between you, a natural person and Creshare, a Dutch company specializes in distance innovation by cultivating tools for borderless storytelling, broking of ideas and people, and the facilitation of a global co-creation with innovators worldwide; for the use of our Mobile Application.
To access and sign this Agreement you must have reached the legal age for the legal jurisdiction you reside in, otherwise your guardian must agree to sign this Agreement. Please read this Agreement before you use our Mobile Application. Your use of our Mobile Application or download the update will be deemed as your acceptance of the constraints mentioned in this Agreement. Otherwise, kindly refrain from using any of our Mobile Application or download any updates.
This Agreement, including any supplemental terms is between you and Creshare and governs the use of our Mobile Application. The effective date of this Agreement is the date you agreed to this Agreement.
AFFILIATES shall mean any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Creshare.
DERIVATIVE WORKS shall mean any value addition, enhancement, modification, condensation, transformation, expansion, or any change in any form to the Mobile Application in a bid to recast, adapt or transfer the said Mobile Application, which, if used without the consent of Creshare would constitute an intellectual property right violation.
PARTNERS shall mean distributors and/or resellers authorized by Creshare or its distributors to resell the Mobile Application or a co-branded version of the Mobile Application authorized by Creshare.
CLIENTS shall mean any legal entity, individual, firm, or corporation, that has the right to use our Mobile Application Customised version and therefore any of services produced using the version.
LICENSE TO USE THE MOBILE APPLICATION
Subject to the terms of this Agreement, Creshare grants to you a nonexclusive, non-transferable, and revocable license to use the Mobile Application as permitted by this Agreement solely for your personal and non-commercial use. The Mobile Application cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or a portion of the Mobile Application without our prior written consent or unless otherwise expressly permitted by the applicable law.
LIMITATION OF USE
1. Without our prior written consent, you may not use our technology or our intellectual property to develop application or design, develop, manufacture, sell or license third-party devices/accessories associated with our Mobile Application.
2. Without our prior written permission, you may not sell, rent, lease, lend, sublicense or distribute the entirety or part of the Mobile Application to any third party.
3. Except as otherwise expressly permitted, you shall not, nor allow any other person to copy, reverse engineer, decompile, disassemble or create derivative work of the Mobile Application. This is also including the export of source code, decoding or modification of the Mobile Application or software and the services that provided by our Mobile Application.
4. At any time, you shall not delete, remove, hide, move, or alter any trademark, logo, icon, image or text that represents Creshare’s name or any derivation of these. All representation of Creshare’s name, logo or other mark or any of its affiliates names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
PERSONAL DATA AND PRIVACY
1. In the Free version of our Mobile Application we do not store your data which means that by the time you are done using our application your data will be stored only on your device and can be deleted by clearing the caches.
2. In our Customized version we have customized templates purported for our CLIENT through Mobile Application, whereby our CLIENT has the right to use our technology to create product specifically for their business purposes. They may retain your personal data upon your consent.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All title, ownership rights and intellectual property rights in and to the Mobile Application all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain name and any other elements which are part of the Mobile Application and any all copies thereof are owned by Creshare. The Mobile Application is protected by national and international laws, copyright treaties and conventions and other laws. This Mobile Application may contain certain licensed materials and, in that event, we may protect their rights in case of any violation of this Agreement. Any reproduction or representation of these licensed material in any way and for any reason is prohibited without Creshare’s prior written permission. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by Creshare.
LIMITED WARRANTY AND DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. CRESHARE, AFFILIATES, CLIENTS, CHANNEL PARTNERS AND ASSOCIATED PARTNERS, COPYRIGHT HOLDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING BUT NOT LIMITED TO QUALITY, FITNESS FOR A PURPOSE, ACCURACY, CORRECTNESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES, RELIABILITY AND SECURITY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT OF APPLICABLE LAW, EXCEPT FOR THE LIABILITY FOR THE CONSEQUENCES OF WILFULL INTENT OR GROSS NEGLIGENCE AND PRODUCT LIABILITY, CRESHARE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL OR ANY OTHER MALFUNCTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURIES , PROPERTY DAMAGE, OR LOST PROFITS FOR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE MOBILE APPLICATION, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT CRESHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT OF APPLICABLE LAW, CRESHARE’S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY LAW) EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR USE OF THE MOBILE APPLICATION.
TERMINATION AND ONGOING EFFECTIVENESS
1. This Agreement and the licenses granted hereunder shall remain in effect until terminated by either party. You may terminate this Agreement at any time you uninstall our Mobile Application from your device.
2. Creshare can terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once this Agreement has been terminated, you shall stop using the Mobile Application and delete all the associated materials.
3. The clauses regarding Copyrights and Intellectual Property Rights shall remain effective even after the termination of the Agreement by either parties.
JURISDICTION AND GOVERNING LAWS
This Agreement is entered into in the Netherlands and shall be governed by, and construed in accordance with, the laws of the Netherlands.
All disputes arising in connection with the present Agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute.
1. Neither party may assign this Agreement or any right or obligation hereunder without the other party’s prior written consent. However, Creshare may assign this Agreement in the event of a merger or consolidation or purchase of all or substantially all of its assets and notify you by sending notification in updates. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
2. Creshare will not be held responsible for any failure, delay or interruption caused by circumstances outside its control, such as network failure, network connection failure, earthquake, flooding, strikes, embargos or acts of government. If such an event giving rise to Force Majeure lasts for more than seven working days, then either party may terminate this Agreement without such termination giving rise to any liability or right to any refund.
3. This Agreement constitutes the entire agreement between the parties and supersedes all written or oral prior agreements or understandings between the parties.
4. If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
5. No waiver of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights.
6. Each party will be and act as an independent entity and not as an agent or partner of, or joint venture with the other party, and neither party will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
7. By accepting this Agreement you acknowledge and agree to review our terms and conditions including this Agreement from time to time and we reserve the right to change this Agreement without notice. Should there be any material changes to this Agreement (or any other changes in our terms and conditions) we may notify you by issuing notification accessible through your use of our Mobile Application.
CreShare copyright policy
CRESHARE COPYRIGHTS POLICY
We at Creshare recognize and respect intellectual property rights and are committed to fulfilling our moral and legal obligations with respect to our use of copyright-protected works. It is part of our policy to respond to any notice that content posted on or linked in our Application infringes the copyrights of others in accordance with the Dutch Copyrights Act (Auteurswet).
Claims of copyright infringement shall be investigated and appropriate actions shall be taken, including but not limited to removal of infringing content and termination of user access, if applicable.
The followings are the procedures for notifying us of a copyright complaint and further legal actions:
Notifying Creshare of a copyright complaint
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Mobile Application by completing the following Notice of Alleged Infringement and delivering it to our Legal Department with details as the following:
Creshare Legal Department
Frank Daamenstraat 4, 7071 AW Ulft
Such Notice should include:
1. A physical or electronic signature of the copyright owner or an authorized personnel to act on behalf of the copyright owner. For an authorized personnel who acts on behalf of the copyright owner it would be required also to include power of attorney that mandated you for carrying out such Notice.
2. Identifying the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
3. Identifying the material that you claim is 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, including at a minimum, if applicable, the screenshots on the Mobile Application where such material may be found.
4. Provide your mailing address, telephone number, and, if available, email address for us to contact you.
5. Include both of the following statements in the body of the Notice:
a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
6. Provide your full legal name and your electronic or physical signature.
Upon receipt of the Notice as described below, Creshare will take whatever action, in its sole discretion, as it deems appropriate, including removal of the challenged material from the Mobile Application.
Further Legal Actions
If after careful investigation and in its sole discretions, Creshare finds such allegation is unfounded Creshare may contact you to inform its non-action. Upon such reply you may take further legal actions as deemed necessary and according to Dutch Copyrights Act.
We, Creshare, are a Dutch company specializes in distance innovation by cultivating tools for borderless storytelling, broking of ideas and people, and the facilitation of a global co-creation with innovators worldwide.
What do we collect?
We collect the following data:
– Personal data such as your name, email address, phone number, date of birth,
– Technical data such as session identification and device identification.
How do we collect your data?
You directly provide us with most of the data we collect. We collect and process data when you start creating movieclip using our Mobile Application.
How will we use your data?
We collect your data for the purpose of identification details on your movieclips, and for sending us feedback on the quality of our Mobile Application on your device.
How do we store your data?
In the Free version of our Mobile Application we do not store your data which means that by the time you are done using our application your data will be stored only on your device and can be deleted by clearing the caches.
What are your data protection rights?
While using our application we would like to make sure you are aware of your data protection rights such as:
The Right to Access
It is your right to request us the copies of your personal data. (Upon this request we will charge you a small amount of fee)
The right to erasure
It is your right to request that we erase your data, under certain conditions.
The right to restrict processing
It is your right to request that we restrict the processing of your personal data, under certain conditions.
The right to object processing
It is your right to object to our processing of your personal data, under certain conditions.
The right to data portability
It is your right to request that we transfer your personal data to another organization, or directly to you, under certain conditions.
How to contact us
Email us at: firstname.lastname@example.org
Call us at: +3122202780
Or write to us at: Frank Daamenstraat 4, 7071 AW Ulft
How to contact the appropriate authority
PO Box 93374
2509 AJ DEN HAAG
Telephone number: (+31) – (0)70 – 888 85 00
Fax: (+31) – (0)70 – 888 85 01
(only by appointment)
2594 AV Den Haag