Cascadeur end-user agreement

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CASCADEUR END-USER AGREEMENT

Version 25 February 2019

This End-user Agreement (hereinafter "Agreement") governs the use of the software “Cascadeur” (hereinafter “Service”). This Agreement is concluded between:

Nekki Limited, the company, organized and acting under the laws of Republic of Cyprus, with address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus, represented by the Director Nepovitova Victoria acting on the basis of the Charter (hereinafter “Nekki”),

and

The end-user of the Service of Nekki (hereinafter “User”).

1.  GENERAL TERMS

1.1.  Nekki provides to User the right to use the Service in accordance with this Agreement.

1.2.  The software “Cascadeur” is provided by downloading as a result of following a personal link, which is sent to User.

1.3.  The use of Service is free of any charge.

1.4.  Nekki (and Its licensors) remain the sole owner of all right, title, and interest in the Service. Nekki does not grant the User any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Service.

1.5. The User is the owner of the rights regarding to an object, made or worked out using the Service (in particular, objects, which were made or worked out through the use of the Service, including animation, audio files, videos, images, etc.) (hereinafter "Results").

1.6. If User wants to use the Result for commercial purposes, he must previously receive a permission from Nekki.

 

2.  WAYS AND CONDITIONS OF USE

2.1.  User can use the Service in order to make or work out any content.

2.2.  The Service can be used only for personal, non-commercial purposes. Any commercial use of the Service (for example, when the created content is deemed to be sold or licensed) is prohibited.

2.3.  User must not misuse the Service. In particular, User must not:

2.3.1.  copy, modify, host, stream, sublicense, or resell the Service;

2.3.2.  enable or allow others to use the Service using User’s account information;

2.3.3.  access or attempt to access the Service by any means other than the interface Nekki provides or authorize;

2.3.4.  circumvent any access or use restrictions put into place to prevent certain uses of the Service;

2.3.5.  use the Service in such way that it violates anyone’s intellectual property rights (in particular, means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);

2.3.6.  upload or share any Results that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

2.3.7.  impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;

2.3.8.  attempt to disable, impair, or destroy the Service;

2.3.9.  upload, transmit, store, or make available any content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Service;

2.3.10.  disrupt, interfere with, or inhibit any other user from using the Service (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

2.3.11.  place an advertisement of any products or services in the Service except with Nekki’s prior written approval;

2.3.12.  use any data mining or similar data gathering and extraction methods in connection with the Service; or

2.3.13.  violate applicable law.

2.4.  User must not share or distribute the Result in any possible way without preliminary approval by Nekki.

2.5.  User must not share, publish or distribute any information about the Service, in particular its features, bugs, errors, and User’s impression of the Service, Results without preliminary approval by Nekki. Nevertheless, User can share, public or distribute such information at special platforms or websites, which are specified by Nekki (in particular, at http://forum.cascadeur.com).

2.6.  Any information about Service, its functionality, features, functioning process, ways of use, specifications is strictly confidential and may be disclosed in case of Nekki’s approval or in case, specified in para. 2.5. of this Agreement. User accepts this information as confidential and undertakes not to disclose it.

2.7.  Nekki may delete the information about the Service, User’s impression of the Service, Results from Its special platforms or websites at its’ sole discretion.

2.8.  Nekki may demand third parties to delete information about the Service, User’s impression of the Service, Results from the websites and applications if the publication, disclosure were made in violation of the Agreement.

 

3.  WARRANTY AND INDEMNIFICATION OBLIGATIONS

3.1.  By uploading User’s content to the Service, User agrees that he or she has all necessary rights, licenses and permissions to use the content at the Service and User does not violate the intellectual property rights of third parties.

3.2.  User will indemnify Nekki and Its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to his or her content used at the Service or Result, his or her use of the Service, or his or her violation of the Agreement.

 

4.  RESPONSIBILITY

4.1.  User bears full and sole responsibility for the breaches of this Agreement terms.

4.2.  If User’s use of the Service, used content violates third parties’ rights (in particular, intellectual property rights), User bears full and sole responsibility ahead of third parties.

4.3.  User undertakes to compensate Nekki all the loss or damages (in particular, ahead of third parties), which Nekki will bear in case of User’s violation of the Agreement terms or violation of third-party rights (in particular, intellectual property rights).

4.4.  If User violates the terms of this Agreement, Nekki may unilaterally terminate this Agreement and cease the access to the Service.

4.5.  If User or his subsidiaries, affiliates, agents, employees, partners disclose any information about the Service in violation of para. 2.4., 2.5 of this Agreement, User must pay to Nekki penalty at the rate of 100 000 US dollars for each act of the disclosure.

 

5.  DISCLAIMERS OF WARRANTIES

5.1.  The Service are provided “AS-IS.” To the maximum extent permitted by law, Nekki disclaims all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. Nekki makes no commitments about the content within the Service.

5.2.  Nekki further disclaims any warranty that:

5.2.1.  the Service will meet the requirements of User or will be constantly available, uninterrupted, timely, secure, or error-free;

5.2.2.  the Service will not influence negatively on the devices’ functionality;

5.2.3.  the results obtained from the use of the Service will be effective, accurate, or reliable;

5.2.4.  the quality of the Service will meet User’s expectations; or

5.2.5.  any errors or defects in the Service will be corrected.

5.3.  Nekki specifically disclaim all liability for any actions resulting from User’s use of the Service. User may use and access the Service at his or her own discretion and risk, and User is solely responsible for any damage to his or her computer system or loss of data that results from the use of and access to any Service.

5.4.  If User posts the Results on the servers or websites of Nekki to publicly share, Nekki is not responsible for:

5.4.1.  any loss, corruption, or damage to User’s Result;

5.4.2.  the deletion of Result by anyone other than Nekki; or

5.4.3.  the inclusion of the Result by third parties on other websites or other media.

 

6.  LIMITATION OF LIABILITY

6.1.  Nekki is not liable to User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if Nekki has been advised of the possibility of the loss or damages), including losses and damages:

6.1.1.  resulting from loss of use, data, or profits, whether or not foreseeable;

6.1.2.  based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or

6.1.3.  arising from any other claim arising out of or in connection with User’s use of or access to the Service.

6.2.  Nekki’s total liability in any matter arising out of or related to the Agreement is limited to US $100. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.

6.3.  The limitations and exclusions in this section apply to the maximum extent permitted by law.

 

7.  TERMINATION

7.1.  User may stop using the Service at any time. Termination of User’s account does not relieve User of any obligation to other relevant User’s obligation under this Agreement.

7.2.  Nekki may terminate this Agreement unilaterally at its sole discretion provided It notified User 10 days before such termination.

7.3.  Nekki may terminate this Agreement unilaterally without preliminary notifications in case of the following:

7.3.1.  User breaches any provision of the Agreement (or act in a manner that clearly shows User do not intend to, or are unable to, comply with the Agreement);

7.3.2.  User physically, verbally, or through other means insult, abuse, threaten, bully, or harass Nekki or its’ personnel;

7.3.3.  User has repeatedly made complaints in bad faith or without a reasonable basis, and continues to do so after Nekki has asked User to stop;

7.3.4.  Nekki is required to do so by law (for example, where the provision of the Service to User is, or becomes, unlawful).

7.4.  Upon the expiration or termination of the Agreement, some or all of the Service may cease to operate without prior notice.

7.5.  In case of expiration or termination of the Agreement indemnification obligations, Nekki’s warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Agreement will survive.

 

8.  APPLICABLE LAW AND DISPUTE RESOLUTION

8.1.  The Agreement, validity, interpretation, performance of this Agreement and all rights hereunder shall be governed by the laws of the Republic of Cyprus.

8.2.  If Parties has any concern or dispute, they agreed to first try to resolve it by negotiation. In this case, affected Party should send a pretension to another Party by post, courier service or e-mail with its claims and arguments. Receiving Party is obliged to response to a pretension. If a dispute is not resolved within 30 days of submission, any legal actions must be resolved in courts of the Republic of Cyprus in accordance with procedural law of the Republic of Cyprus.

8.3.  User may only resolve disputes with Nekki on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

 

9.  UPDATES AND AVAILABILITY

9.1.  Nekki may modify these Agreement to reflect changes to the law or changes to the Service. User should look at the Agreement regularly. Nekki will post notice of modifications to these Agreement on this page. By continuing to use or access the Service after the revisions are in effect, User agree to be bound by the revised Agreement.

9.2.  Nekki may modify, update, or discontinue the Service (including any portions or features) at any time, without liability to User or anyone else. If Nekki discontinues the Service in its entirety, Nekki will also allow User a reasonable time to download his or her Result.

9.3.  Webpages describing the Service are accessible worldwide, but this does not mean all Service or service features are available in User’s country. Access to certain Service (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by Nekki or foreign governments. It is User’s responsibility to make sure User’s use of the Service is legal or available where he or she uses them. Service are not available in all languages.

 

10.  NO MODIFICATIONS, REVERSE ENGINEERING

10.1.  User may not:

10.1.1.  modify, port, adapt or translate any portion of the Service; or

10.1.2.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software.

10.2.  If the laws of User’s jurisdiction give him or her the right to decompile the Service to obtain information necessary to render the licensed portions of the Service interoperable with other software, User must first request such information from Nekki. Nekki may, in its’ discretion, either provide such information to User or impose reasonable conditions, including a reasonable fee, on User’s decompilation of the Service to ensure that Nekki’s and its’ suppliers’ proprietary rights in the Service are protected.

 

11.  DMCA

11.1.   Nekki respects the intellectual property rights of others and expects User to do the same. Nekki will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). Also, Nekki will delete any content which violates intellectual property rights.

11.2.   User can learn more about Nekki DMCA Policy at the following web-page: https://cascadeur.com/help/category/2

 

12.  MISCELLANEOUS

12.1.   The English version of the Agreement will be the version used when interpreting or construing the Agreement.

12.2.   User may send notices, requests or pretensions to the following e-mail: info@nekki.com or address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus.

12.3.   Nekki may notify User by email, postal mail, postings within the Service, or other legally accepted means about Service, its’ updates, special offers or promotions. User can freely cancel this communication by sending request to Nekki.

12.4.   User may not assign or otherwise transfer the Agreement or User’s rights and obligations under the Agreement, in whole or in part, without Nekki’s written consent, and any such attempt will be void. Nekki may transfer its rights under the Agreement to a third party.

12.5.   If any provision of these Agreement is held invalid or unenforceable for any reason, the Agreement will continue in full force and effect.

12.6.   Nekki’s failure to enforce or exercise any provision of the Agreement is not a waiver of that provision.

 

Nekki Limited.

Address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus.

E-mail: info@nekki.com

 

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