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INTRODUCTION AND PRINCIPLES VALID FOR ALL USERS AND MEMBERS.
You are the user, who has sent a request, message or letter through any form located in any of our pages or sites. You are a user if you surf and stay on our webpages or any virtual/physical location worldwide as well. You are a member if you apply for membership in the digital TV community Smartdy or in the Movement Smart&Digitalcities global, or both. This policies mention you hereby with “you“, “member” or with “user” and handle you in the same way. The policy mention hereby with “Smartdy”, “Provider”, “our”, “us” or “we”, the entity that delivers a service or a product to you. Smartdy may use more entities, private or legal to carry out the service for you around the globe. All performances are provided and delivered to you by Smartdy exclusively under these policies you approve.
A) Start of validity and representation of Smartdy
All policies, disclaimers and conditions of service are immediately applied globally from now, everywhere in the world, valid for you, our visitors, internet surfers, platform users, networkers, community members, and valid for all our offices, departments, conference locations, business rooms, buildings, internet presences, pages, sites, platforms, services, workgroups, networking, facilities, business meetings, events, everywhere you are, and for all performances under the name Smartdy or under other names we authorize. All policies and this agreement with you are valid immediately from the instant you use Smartdy, surf pages, visit locations, send requests, or applications, for your business purpose, personal reason or for your own curiosity for testing the platform.
B) Cookies policy in internet with your consensus
Smartdy promises to respect your privacy. We believe that privacy is a right. However the privacy right in the world is influenced by several kind of public and private interests that do not respect your privacy and ours as well. Do please understand this point while using Smartdy services. Do also respect the privacy of the other users while you get in touch with sensitive/non-sensitive information about others or Smartdy.
D) Legal disclaimer
1.1 COPY. You can anytime – without need of permission – print and download extracts from our sites for your own use on the following basis:
a) no documents or related graphics on the Website are modified in any way;
b) no graphics on the Website are used separately from the corresponding text; and
c) our copyright notices, name and logos (Smartdy) appear in all copies, and all logos are linked to the related webpage of our platforms.
1.2 COPYRIGHTS. Unless otherwise stated, the copyright and other intellectual property rights in all material you find in our sites, digital pages, in all our network (including without limitation photographs, graphical media contents, videos, paints, pictures, logos, design, elements in general) are owned by us or by related licensors/copyrighter. Any use of extracts other than in accordance with clause 1.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the elements may be by Smartdy terminated and you must immediately destroy any downloaded, printed, published or extracted element otherwise a contract fine is charged to you for each copied element or page in breach of copyright policy 1.1 and 1.2. and not immediately deleted by you.
1.3 COPY/SHARING/PINGBACKS. Subject to clause 1.1, no part of sites may be reproduced or stored in any other site or webpage, or included in any public or private electronic retrieval system or service without our written permission. However, social sharing of the whole content (link to the full digital content, page and elements) is allowed. Pingback may be allowed unless blocked in some of our pages: pingbacks must contain same information and correct link. N.B. Pingbacks are authorized only on sites related to business-to-business, professional business journalism, professional blogs, business magazines. We are authorized to revoke authorization for pingbacks and links on your own webpages and digital storage, and ask you to remove them, anytime through simply notification to the contact you have indicated to your page or in other digital services if always connected to you; pingbacks are not allowed on your site if you do not indicate clear contact ways or are anonymous. Request of removal of links/pingbacks must be carried out by you within 7 work days because your links affect the reputation as well as damage the search-engine ranks of our pages.
1.4 Any rights not expressly granted in these terms are reserved.
2. YOU ARE VISITOR, MEMBER, USER: CONTENT AND CONDUCT
2.1 Other than personally identifiable digital information, which is always covered under these policies, any content you transmit, post, stream, broadcast, or publish via Smartdy on any digital network or webpage (also outside Smartdy) shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such content. We and our providers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, videos, animations, slides, text and other things embodied therein for any and all commercial or non-commercial purposes, in order to empower and promote you, or to empower and promote Smartdy, or to empower the community where you are in, or to empower all the providers of the service. Your contents are public unless you have set up them clearly in the platform as private or strictly reserved.
2.2 In order to avoid abuse of Smartdy and related networks such us soliciting feedback with the aim to speed up procedure, feedbacks and exchange between users, suppliers, members and Smartdy team, to distribute controversial contents, your personal concerns, or awareness regarding your personal topics and issues, you are strictly prohibited from posting, commenting, broadcasting via Smartdy services, or any external social media presence (example facebook, linkedIn, twitter, youtube, pinterest, wordpress, etc), or any private/public social media presence of community managers, moderators, or in any other external website indexed by Google search engines, any content:
a) that is threatening, defamatory, obscene, indecent, seditious, controversial, offensive, pornographic, abusive, liable to incite hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, soliciting directly or indirectly something for any reason, against Smartdy, or against the Movement Smart&Digitalcities, or with the purpose to harm the integrity of Smartdy and reputation of our managers, advocates, members, moderators, TV presenters, in breach of confidence, in breach of privacy, in breach of this agreement, or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, malwares, harmful components, corrupted data, other malicious software or harmful data). For any abuse of this paragraph and points from “a” to “e” or breach by you, Smartdy may fine you with a financial sanction from 5000 Eur (five thousands) plus damages, plus legal expenses in court or out-of-court-of-law, calculated by a jurist representative of the community, plus suspension of your free or premium account for undefined period of time. The sanctions for breach of the agreement shall be paid to Smartdy within 2 weeks. Unpaid sanctions may be written in international list of debtors of the banking or telecommunications industries, and assigned to private companies for the collection.
2.3 You may not misuse the Website (including, without limitation, by hacking).
2.4 We shall fully report or co-operate with the community, any law enforcement authorities, lawyers or court order requesting or directing us to disclose the identity, to block, suspend or locate anyone misusing or hacking.
3. LINKS TO AND FROM OTHER SITES
Links/referrals to third party sites/structures/services, outside Smartdy webpages/systems/services, are provided solely for your convenience. If you use them, you might leave our sites and networks, and use partially or completely service of others. We have not reviewed or controlled all of these third-party sites, other members of this community, or external, therefore we are not responsible of their content, availability or reliability. We don´t make any representations about them, or any material/solution found there, or any results that may be obtained from using them. You do so entirely at your own risk.
4. EXTRA DISCLAIMERS FIRST PART
4.1 While we endeavor to ensure that the information on our sites is correct, we do not warrant the accuracy and completeness of the contents. We may make changes to the content on the websites, or to the products and prices described, at any time without notice. The information on any websites may be out of date, or under renovation, and we make no commitment to update such contents.
4.2 The material on the sites as well as all Smartdy services and products are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the site.
5.1 We, Smartdy, our managers, team, advocates global, video editors, video brokers, video makers, our mentors and advisors, our providers, our resellers, legal or private entity, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, or low revenues for you in doing business in the community with the members or external, loss of profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, or troubles, or limited returns, and whether in tort (including without limitation negligence), contract or otherwise in connection with the site and our past/present/future services in any way or in connection with the use, inability to use or the results of use of the site, any site linked or the material/services on such sites. Including but not limited to loss or damage due to viruses that may infect computer equipment, software, data or other property on account of your access to, use of, or browsing websites or your downloading of any content from the website or any website linked. In no event, no case, shall our Smartdy liability exceed, in the aggregate for all claims, your last paid fee for the service, and anyway no more than euro 1.000 (one-thousand) global liability to cover any damage to you if it is completely Smartdy´s fault. Smartdy is anyway never responsible for any damages from any internal or external error made by our service providers, for any liability and for any amount. However, in case of issue by using Smartdy technology, you are entitled to inform exclusively Smartdy, privately and strict-confidentially, immediately and not later than 2 work days when the event happens.
5.2 If your use of material, content, applications on the websites, or services from us or our members or partners, results in the need for servicing, repair, improvement, development or correction of equipment, software, webpages, systems or data, you always assume all costs thereof. All services and products are provided “as are”.
5.3 Any payment from you to Smartdy, and related legal entities, for services, supports or any other fee, are not refundable from the same day of the payment. In the rare case because your mistake or a misunderstanding you have paid more than needed, the extra amount/difference/surplus will be however automatic invoiced and considered as advanced payment for support packages, or assistance.
5.4 If you are user of the Smarty services under your business, and you are not owner of your business but employed in that, we are entitled to contact the business owners and responsible of your structure for any legal, commercial or accounting reason anytime.
6. GOVERNING LAW AND RIGHT OF CHOICE OF JURISDICTION. ARBITER OPTION FOR MAKING FINAL DECISIONS.
Disputes arising in connection with this policy, services and terms, shall be subject to the regulation expressed in this agreement even when extraordinary bypassing local State law. You authorize Smartdy to choose the jurisdiction according to the type of case: this may be the jurisdiction of Tallinn, Riga, Helsinki, Stockholm, Warsaw, Milan, Vilnius, Vienna, regardless of where you are located. You agree that Smartdy may decide to choose a legal professional arbiter, instead the court-of-law, to solve the dispute and make final decision.
7. EXTRA DISCLAIMERS SECOND PART
7.1 FEEDBACK FROM SMARTDY. We give feedback to any present or future submission from your side of applications, messages, requests, or refuses it by messaging you as soon as possible without any specific time-limit otherwise according to an arranged timing. It might take even weeks before we give a written feedback. The time delay in the giving feedback to you does not influence the execution of this agreement. If you need a specific timing for professional use, choose correctly the type of service you want Smartdy to deliver to you during your first request of activation or ask later a special service (for example, you may want a 24/24 7/7 support via chat). All services provided by Smartdy follow this rule, unless differently specified in a written form by Smartdy. Usually Smartdy provide a 7/7 technical support for issues because we care about your video platform and TV services.
7.2 SERVICE DISCONNECTION. We are entitled to temporary disconnect without notification all services and yours, your access to platforms anytime without any need of notification in case of legal or technical issues, or in case of routine-maintenance processes. Smartdy develop and improve or change services not rarely. We are entitled to disconnect and suspend your service anytime in case or payment issues, unpaid invoices, debts from your side, regarding agreements between you and Smartdy, or between you and other users of Smartdy who claims against you presenting specific arguments and proves.
7.3 EFFORTS FOR A BETTER COMMUNITY. We shall make reasonable and necessary efforts on all part to ensure the reliable operating of the platforms and community; however, failures cannot be completely excluded due to their digital and human nature. You shall immediately notify us of any problems that occurred upon using the service.
7.4 ASSISTANCE TIMING. Please, be sure that you meet a specific extra agreement with us for assistance coverage with a specific “timing you need” if it is important for you. Please do just make clear your needs from the beginning and Smartdy will support you as you need.
7.5 USE OF SERVICE. The user is entitled to use all our services according to his or her wishes and needs but pursuant to its intended purpose, good customs and practice, always complying with the international laws, your local national laws, and however with our policies.
7.6 FINANCIAL ISSUES. We are entitled to pursue the collection of any debt that you have with Smartdy. You agree that we can do recovery of the debts, directly, or indirectly through another structure, also using legal enforcement, legal practices or other private businesses, regardless if the debt has been invoiced or not yet by Smartdy.
7.7. CONTRACT TRANSFERRING ANYTIME POSSIBLE BY SMARTDY MANAGEMENT. You agree that all the data you submit and all the agreements you meet with Smartdy and our representative may be fully transferred to another entity, private or legal, in any country of the world. The new entity will assume full responsibility for the services, for the storing of your data and for the improvement of the service. The change does not modify any service, nor these policies. Moreover, invoices might be issued by different providers of us for any of the paid services Smartdy provide to you. New providers may have different names but always operating under these conditions and the name Smartdy or a new one, with same technology or more advanced technology. You can not oppose or obstacle the contract transfer or external invoicing to avoid any kind of interruption in the service delivery, technical or accounting issue, or damage to Smartdy service-chain-supplying. New suppliers of your service may present you new agreements and conditions, however you are in right to refuse the change and ask contract termination within 10 working-days from the notification of the change of the policies. Change of these policies will be publicly notified on the Twitter account of the press of the Movement Smart&Digitalcities we invite you from now to follow or regularly check for updates.
7.8 TAX AND TRANSFER FEES. You undertake to pay always in advance for any paid service, paid support, ordered goods, or paid memberships, where a payment is required. All amount may be charged still with VAT/tax if necessary at your cost. Transfer fees are at your cost.
7.9 CLAIMS OF THIRD PERSONS OR EXTRA LEGAL COSTS FOR ISSUES CAUSED BY YOUR ACTIVITY. In case the claims of third persons are directed to us because of any illegal activity of your account (incl. failure to perform any obligations undertaken to any third person), you shall also indemnify us and all our suppliers for any loss, work and costs incurred in connection with the claim according to our public work fees indicated in our policies for administrative, legal (attorneys-at-law, court costs, State fees) or technical issues.
7.10 STRICT CONFIDENTIALITY, NON-DISCLOSURE. You undertake to keep strict confidential any sensitive information you have received by dealing with Smartdy, our team, our partners, our suppliers. Such us industrial secrets, private severe communications, information concerning other parties. You promise you don´t copy or distribute any confidential information without written permission of the information-owner or copyrighter. You keep secret any technical issue caused by the supplying-chain that could cause damage in the reputation of Smartdy and our representatives. The confidentiality obligation shall remain in force before and after the expiration, or termination of this agreement with you, of any past, present or future agreement, for membership or service. You are aware that a breach of the confidentiality from your side is sanctioned with a contract fine and charged to your account according to these policies. You are aware that furthermore a criminal charge against you, in your own country, or place of residence, or any other country where your breach of confidentiality is visible, if it has defamatory orientation. Smartdy fights against abuse of networks between users when users use networks to harm or offend others, or bother, spam, breach agreements and laws. Smartdy does not control your contents, does not judge politically your contents, does not verify truth, but trust you. Your video broadcasting or video show shall comply with local and international laws , not damaging and not offending anybody. For example also fake-news might not be allowed in your country and in Smartdy platform. You are always fully responsible of the contents and reliability, and of any damages your contents or media could cause.
E) Standard terms and conditions for Smartdy technology and communities.
1.0 Self-advertising, your self-promotion. Smartdy tolerates and encourages self-advertising in video contents. Therefore you can promote yourself while using our digital video services and platforms. Do remind that the production of video advertising content is allowed, but it´s not allowed to spam other users or members in our digital communities with your video contents in general. Your contents, media and videos shall be smart, well-made, professional-made, not boring, not annoying, and shall comply with local law, workgroups rules (they might be different from workgroup to workgroup, from community to community) and these policies while you are broadcasting videos. Smartdy is authorized to suspend, block or delay for verification suspicious contents or contents of low-level of quality in order to keep high the reputation of the television platform.
2.0 Changes. We may modify this agreement and policies from time to time. If we make changes that are not just a correction of orthography or syntax, not of low relevance (changes of sentences for improvement of the text that however do not change the rule), Smartdy will provide notice of the change of the general policy text through a press issue sent to the twitter press account of the Movement Smart&Digitalcities (see paragraph 7.7). If you don´t object the policy changes within 10 (ten) calendar work-days, then we will legally consider that you have approved the updated terms without any further opportunity of objection.
3.0 Platform Purpose, Object of the agreement. Object of this agreement is a various set of services, or product-delivery oriented to production, management, distribution, brokerage, broadcasting, streaming, general social and business exchange in the community Smartdy and partners´ networks, social sharing, marketing/remarketing of video contents, films, movies and animations usually in MP4/H.264 formats or compatible with all modern video platforms. In the services are generally included also strategies, modern or revolutionary techniques, community engagement, networking, video hosting to store videos, computer software and video programs, delivery or use of hardware equipment in local installation (example during events with media TV live). Part of the service might be a facility to local geo sites or to public/private networking groups, or to local city TV studios, or to CDNs (contents delivery networks), or to interviews, recording of talks, copy of existent videos, video advertising, video archives, live TV real, simulated/syndicated on YouTube, Facebook, Twitter, Periscope, WebTV plug-in, and others. The platform and the community Smartdy is made with a social-development purpose and should not be considered a relationship between client-seller but of the type member-member. The aim is to support the mission of the other with a fair balanced exchange of performance between the supplier and the user, between the member and Smartdy. Tolerance, understanding, social participation, video/tv activism, constructive and polite communication, and contribution are principally part of the agreement with you. Your contribution does not exclusively means a sold service to you. Instead it means your financial support to the Smartdy mission and social cause to help your own mission/cause and the other members, or network users. Usually your contribution such us the payment of the membership fee is not enough to finance all the support and work needed for supporting you: Smartdy thank fair pricing and extra attentions towards to your stuffs is also co-financed by other members, angel investors, business venture capitalists and founders, through extra work and several facilities.
4.0 TV, media and open-minded sharing of video content.
You authorize Smartdy and our authorized partner-networks to talk about you and show your public videos, fully or partially, anytime, in any channel, directly through Smartdy televisions or through any other partner´s platform, with or without any notification or planning. You authorize Smartdy to extract, copy, adapt, integrate, merge, combine, edit, change, collect your videos, all your public medias (you have proposed to Smartdy or shown publicly in any of your other platforms such us YouTube, Facebook, Webpages or similar) for any business, journalistic, research or advertising purpose, for any kind of marketing process (with or without your signatures), as well as for remarketing, sales or scientific studies. All representations in any form of your videos and media production may be used without any need of further permission for empowering your name or the name of the Smartdy network that supports your cause. Your videos, movies, media-records, audio, webcasts, podcasts, pictures, presentations, slides and any media we found on your official pages, channels, social accounts may be extracted and used for Smartdy social purpose, and are also part of your contribution. You are however owner of your video contents and media files always. You grant to Smartdy a non-exclusive worldwide and perpetual license to freely sub-licence, re-distribute, re-publish, re-marketing, combine with other, monetize your videos and medias in general. You retain all ownership right of your content, and you agree to share all those rights with Smartdy television networks.
5.0 Age restrictions. You’re eligible to enter this agreement starting from your 18 years of age. We will not ask you the age or date or birth, we will trust that you are over 18. If you send letter to us, messages, application, request of service activation, etc, we consider you over 18 without any need from you of indicating your age. If you are under 18, we are very sorry but you are not allowed yet to send requests and being part of Smartdy. Please do excuse this restriction for legal reason, considering that videos not rarely hide or may show sensitive contents.
6.0 Tax, payments between members in trade. Fair attitude. You promise hereby to honor your payments/contributions obligations/promises on time with us as well as with all members and suppliers of our Smartdy community and partners. You understand that there might be taxes (eg. Country/EU VAT) added to any fees, we may want to collect from you to comply with commercial laws and may be also not refundable). Bank transfer costs (through banks, PayPal, credit cards, etc) as well as currency exchange fees during any transaction from you to us are always at your cost. All indicated community contributions/price-lists are at “net of VAT taxes”, net of special taxes if required by law and net of extra expenses if required by States and authorities. You need to add VAT to all indicated fees.
7.0 Community Messages. No worries we respect your peace and do not spam you. You approve to receive time by time messages or other human/automated letters from Smartdy and our networks, such us invitations to business events, useful links, important reminds, featured topics of the season. However, our communications are not frequent and don´t target to bother you with annoying initiatives. If you unsubscribe from a newsletter, you might still receive communications from us until the termination of this agreement. You can unsubscribe a newsletter if there is a link for unsubscription visible. Please do remind that If you do not give feedback to our messages regarding this agreement and its execution, or you filter or block the notification from Smartdy, or unsubscribe from a newsletter, you might miss important communications. We decline any responsability in case of trouble in communication or misunderstanding. Please whenever we ask questions in a written form related to the agreement with you, the cooperation with you and your membership, you answer properly punctual not later than 2 weeks. However In case of lack or late answer within 3 work days, Smartdy may suspend or delay the assistance provided to you if you do not give punctual feedback or if your feedback does not answer all the points. Please do remind that for a successful television-networking an efficient exchange of communications is important.
8.0 Truthful profile. You promise to only provide information, advertising, products, details, your data and any content (video, text, documentary, etc) that you have the right to share, and that your personal/business data and business profile, you have sent to us or updated in our database, is truthful and updated. You only provide contents, truth data or information that does not violate the law nor anyone’s rights (including intellectual property rights). Smartdy may ask you time by time to update your profile or confirm the community policies.
9.0 “TV Host Location” for sharing of physical television studio or conference rooms. Not rarely members of Smartdy like you are TV hosts or TV guests. You are an “host” when you allow other guests to use your premises or TV studio for their television (TV) recording. You are a guest when you use premises of an host for recording yourself. Hosts and guests shall act fair to each other. Guests are allowed to cancel the booking and revoke the need of space anytime with a simple written notification to the host at least 4 hours before the arranged use start-time. The host is allowed to cancel an arranged hosting not later than 4 days before the hosting start. The host does not assume any responsibility for any technical issue or accidents occurred during the session unless the accident is related to clear host´s fault. The host provide at least lights, camera and internet band enough for recording or live broadcasting and for interview, or project-pitch. The guest promises to handle the equipment properly and carefully according to the equipment purpose. Smartdy is entitled to store, show, list or map the physical address of your city office/TV-studio: this makes easier for others to find you are sharing a TV studio. You promise to keep Smartdy updated with your correct and complete address if you want to be a featured television host or TV presenter in the community.
10.0 Storage of content. We don’t promise to store for unlimited period of time, publish or keep showing any information and content that you have given us, posted or shared on through the Smartdy platform and Smartdy communities or partners.
11.0 Limit of responsibility for misuse. You agree that Smartdy is not responsible for others’ (including other community members’) content, information, services, goods. We can not always prevent misuse of our media platform. You acknowledge all the business risk that you or your organization run or may be mistakenly associated with any media content such us videos and pictures, when we let members, visitors, people and followers know you or your organization as mentioned in our news, pages, movies, articles, press, tweets, posts, advertising, etc.
12.0 Intellectual property rights of Smartdy, protection of special name and community brands. You approve and respect all Smartdy names, symbols, logos, trade-marks, not registered trade marks, and all the name of our own communities, networking groups or partner´s names such us for example “Directors TV 24” , “RealEstate TV 24”, “Startups TV 24”, “Webinars TV”, “Startups TV Women”, “b2baltic”, “Movement Smart&Digitalcities”, “White Cross”, “Janetschek” and others, with or without capitol letters, written in any way. You promise not to mislead your users offering services with our names or similar without our written approval. You promise not to use nor mention our names in internet with the purpose to mislead search-engine and drive users to your sites whenever separated and not part of Smartdy platform and communities. You are free to mention our names and links with your contacts.
13.0 Smartdy Membership and Free Memberships “Present for You” in other communities. This Smartdy policy allows you to be a free member of other prestigious entrepreneur-communities worldwide with a basic membership free of charge. You are entitled to choose later if you want to change your membership with higher position. The policy and conditions are the same of Smartdy for you, as a member of Smartdy. On the other hand, if you are member of other communities, you may have received the automatic membership to Smartdy platform: in this case the policy and condition of services are both valid: the condition of the community where you are from, and the Smartdy community policy. The communities you become automatically basic-free-member when you join (as member of) Smartdy are the following thank special relationships: B2BALTIC (TELEVISION) and WHITE CROSS. Your memberships may be suspended any time without any need of notification for undefined period of time. When you have terminated the agreement with Smartdy, your free membership in the community may continue for undefined period of time or discontinued by the community also after the natural termination. Your membership is perpetual and valid all the current year, renewed year after year automatically, until natural official written termination (see 15.0 of this policy).
14.0 Fair-trade in the community: base fees, success fees and fines. If you have chosen paid-services or products in the Smartdy community or other communities, provided to you by Smartdy or by another member, you promise to pay contributions, memberships, services and assistance in advance to avoid the suspension of your service and the charge of a fine of four% of the due-to amount each day, plus all legal expenses for the debt collection. All legal expenses, court costs as well as arbiter costs are always charged to your account. You are aware that lack in punctual payment in advance at the arranged date of obligation may determine immediate suspension of your service the day after and for a longer time with possible loss of all your media and records stored on the platform. You are responsible in keeping anyway a copy of your media files. Smartdy declines any liability for any troubles, loss or damage in case of your breach. Any other breach of of this policy and contract from your side, in any point of this policy, is fined with an amount at your charge not less than one thousand Eur per each breach plus eventually damages and legal costs. Any support/assistance on demand is paid from you to Smartdy (or to the other member who provide you with the service/product you require) in advance for not less than fifty Eur per hour per person. For general assistance the minimal package shall include at least five hours. Like for the big players, all technical/commercial/legal communications and exchange between you and Smartdy team, or between you and other members of the television community may be anonymous, also without any signature apart the Network name, to protect privacy of the writers and to avoid abuse on social media, spam etc. Subjects of any mail shall indicate a membership number or support number given to you from the beginning (usually a long number after the sign #). Smartdy Network is a social business media network and platform for professional exchange with fair pricing: if you gain money thank the use of Smartdy technologies or thank Smartdy sales for your own advantage (for example whenever we sell one of your product or service or ticket) you reserve a small % of your revenues to Smartdy to pay to pay on a monthly base. The success fees for any good business for you or passed success-contact shall be rewarded from you to Smartdy as well as from you to the other member who has generate your deal, for not less than 0,45% (zero comma fourty-five) net of tax. Success fees higher can be arranged between you and the seller. Smartdy is authorized to sell or resell to any price to anybody all the products, services and tickets you are selling/promoting on the platform, or external inside your business. You can incentive Smartdy sellers as much as you want increasing the rewards to increase your revenues. If during the negotiation of your membership you have expressively arranged other fees with the redaction of Smartdy, the external arrangement is also part of this agreement.
15.0 Contract conclusion, duration and termination. This binding contract has been concluded and operative between you and Smartdy, as well as between you and other members/suppliers. From the beginning you have approved these policies you are however free member of Smartdy network, even if you have not chosen a paid-membership or sponsorship yet. Membership allows you to candidate all your videos to Smartdy TV Network. Best video contents and smart ideas might be rewarded by Smartdy. Smartdy does not terminate automatic your membership which is renewed year after year. However, if you are a paid-member, you are entitled to suspend the payments from the 1st of January of the next year of the date of your termination request. Refunds are not possible. Termination requests shall be sent to Smartdy in written form. Termination fee for contributors, sponsors and paid-memberships is two-hundred Eur. Termination fee for those members or users who has never contributed or paid for membership is one thousand Eur. After termination of this agreement, Smartdy is still authorized to use your media for unlimited period of time whenever your videos or pictures were result of work and adaptation pre-publishing.
16.0 Disputes Resolution, choice of jurisdiction. In the case a court finds any part of this contract not enforceable according to their laws or procedures, or null, you and we agree that the court or an arbiter should modify the terms to make that part enforceable while still achieving its intent: whenever a court or arbiter can not modify the terms, you and we agree to require the court or arbiter to remove that unenforceable part and still enforce the rest of this contract. In the case that a chosen court, jurisdiction or arbiter does not understand this agreement or the translations, or it is not competent, or postpone the problem solving to later than 60 calendar days, you agree that we are entitled to move the case to another jurisdiction or arbiter. To the extent allowed by law, the English language version of this contract is binding, and other translations are for convenience only. If we don’t act to enforce a breach of this contract, that does not mean that we have waived our right to enforce this. You shall indemnify us with a full coverage, for any loss, work and legal expenses incurred in connection with the claim or dispute. All the terms expressed in the policy paragraph D.6 are applied.
17.0 Manner, word of mouth. You and Smartdy as well as you and other members, are committed to being social responsible and fair, to behaving polite and nice towards the other, and to fulfilling agreements according to the Smartdy TV Network policies. Bad attitude, impoliteness or offence towards Smartdy team or against other members may be fined at your charge and any service may be suspended until the payment of the fine. Smartdy and the Movement Smart&Digitalcities want to support exclusively a clean and nice social business TV network regardless of the type of your membership: money never pay impoliteness. You agree that you will not misuse nor use our internet resources if you are not a paid member nor contributor. You inform us in a written form whenever you change, transform or transfer your business to another, giving us the new company details to continue your membership under your new name. You promise you keep the reputation of Smartdy good and do good word of mouth during the agreement and after.
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