TERMS AND CONDITIONS OF USE
of products and services of QdepQ Systems B.V.
These general terms and conditions (“GTC”) have been established by QdepQ Systems B.V., incorporated in Delft, The Netherlands (“QdepQ”) and are applicable to all products and services provided by QdepQ via its Websites, Apps or in any other way. These GTC also apply to the collection, storage and display of QdepQ customer related information.
‘QdepQ-Services’ means both automatic and manual services provided by QdepQ to transform any still and streaming visual media such as pictures and videos from 2 (spatial) dimensions to 3 (spatial) dimensions, from and to any format, including - without limitations - the use of the QdepQ-space and the QdepQ-gallery.
“QdepQ-space” means a storage facility limited in space and duration, part of the QdepQ Services, for the queueing of input and output visual media. The QdepQ-space assigned to a user is referred to as (“your-QdepQ-space”).
“QdepQ-gallery” means a storage facility limited in space and duration, part of the QdepQ Services, for the organized storage of input and output of visual media in galleries, parts of which can be tagged by the user to be visible for the general public. The QdepQ-gallery assigned to a user is referred to as (“your-QdepQ-gallery”), resp. (“your-public-QdepQ-gallery”) when a gallery is tagged public by the user.
“Content” means all communications and data, such as images, pictures, photos, video, text, files, or any other materials that are uploaded to the QdepQ-service, stored in the QdepQ-space or/and posted on the QdepQ-gallery.
“QdepQ-Content” means information, software, data, technology and other content that is part of or used for the provision of the QdepQ Services, including without limitation the QdepQ Apps and Websites.
“Output” means any output or results from the QdepQ Services or parts thereof including without limitation any 3D still and streaming images and other output that had been generated by or is making use of the QdepQ services.
- You acknowledge and agree that, by clicking the checkbox or by accessing or using the QdepQ Services or/and the QdepQ-Content you indicate that you have read these GTC, understood these GTC and agree to be bound by these GTC. If you do not agree to these GTC, you have no right to access or use the QdepQ Services, QdepQ websites, QdepQ apps, or any other QdepQ-Content.
- QdepQ reserves the right to alter their Terms and Conditions of Use at any time without notice.
- In order to make use of the QdepQ services and any and all parts thereof, you must sign-up with a valid email address (“Your Username”) in order to create a user account (your “User Account”), as well as a suitable secure password and you certify and agree that the email address you have used to sign up belongs to you and that you are personally responsible for keeping your password secure and compatible with current security standards.
- You may suspend your use of, or terminate your User Account at any time for any or no reason.
- You are solely and personally responsible for any activity that occurs under Your Username and on your User Account as well as for your internet conduct and any Content uploaded to or stored in your QdepQ-space or posted on your QdepQ-gallery.
- You may not use the QdepQ Services or the QdepQ Content for any illegal or unauthorized purpose.
- You may not use the QdepQ Services to provide 2D to 3D transformation services for still or streaming images to third parties.
- You agree to comply with all local laws on internet-conduct and acceptable viewable Content.
- You must not (i) create or submit unwanted email or comments to any QdepQ users ("Spam"); (ii) use web URLs in your name without prior written consent from QdepQ.; (iii) transmit any worms or viruses or any code of a destructive nature; (iv) abuse, harass, threaten, impersonate or intimidate other QdepQ users; (v) modify, adapt or hack QdepQ or modify another website so as to falsely imply that it is associated with QdepQ; (vi) access QdepQ's private API by any other means other than the QdepQ application itself; (vii) crawl, scrape, or otherwise cache any QdepQ Content, user profiles and Content; or/and (viii) in the use of QdepQ Services or QdepQ Content violate any Dutch and European laws or laws in your jurisdiction (including but not limited to copyright laws).
- You may not post commercial Content to your QdepQ-gallery or use your QdepQ-gallery to solicit others to join or become members of any other commercial online service or any other company or organization.
- You may not post Content on your QdepQ-gallery which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, constituting or encouraging a criminal offense, violating the rights of any party or which may otherwise give rise to liability, violate any law or form any breach of these GTC.
- QdepQ reserves the right to force forfeiture of your or any other Username that becomes inactive, violates trademark, or may mislead other users and, to reclaim Usernames on behalf of businesses or individuals that hold legal claim or trademark on those Usernames.
- QdepQ reserves the right to modify, refuse or terminate the QdepQ Services or any parts thereof for any reason, without notice, at any time. Violation of any of these GTC will result in the immediate termination of your QdepQ User Account.
- QdepQ owns and retains all rights tile and interest in the QdepQ Services and QdepQ Content as well as in any copyright, trademark, design right, patent, trade secret or any other intellectual property right in relation thereto.
- QdepQ does NOT claim ANY ownership rights to or in respect of Content, including without limitation any the Content that you uploaded to the QdepQ service, stored and/or downloaded from your QdepQ-space posted on your QdepQ-gallery. Notwithstanding the foregoing, QdepQ reserves the right and is entitled at any time to watermark and label 2D and 3D Content that has been transformed using the QdepQ-Service with a QdepQ logo.
- Any Content in your QdepQ-space (but, for the avoidance of doubt, excluding any Content posted on your QdepQ-gallery) will only be accessible by yourself and QdepQ, and distributed within the QdepQ Services environment. You acknowledge and agree that any Content that you have posted on your QdepQ-gallery and tagged public will be accessible andcan be used by other users of the QdepQ Services and/or the QdepQ website, also outside the QdepQ Services environment.
- You represent and warrant that: (i) you own any the Content uploaded by you to, and for use in the QdepQ-services or that you otherwise have the right or a license granted by the original owner for this purpose, (ii) the Content stored in you QdepQ-space or posted on your QdepQ-gallery does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the storage of Content in you QdepQ-space or the posting of Content on your QdepQ-gallery does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you; (i) used for the Services; (ii) stored on your QdepQ-space; (iii) posted on your QdepQ-gallery; and/or distribute otherwise whether or not after having this Content transformed to 3D using the QdepQ Services.
- QdepQ hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the QdepQ-Content (excluding any software code) solely to the extent required for your own personal use of the QdepQ services and the Output. For the avoidance of doubt, this license does not include any right or permission to use the QdepQ Content and/or the QdepQ Services for the provision of 2D to 3D transformation services to third parties, even is such services make use of or are based on different technologies than the QdepQ Services.
- By uploading any Content to your User Account and/or storing Content or Output in your QdepQ-space your hereby grant QdepQ a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, delete from any such Content or Output for the provision of the QdepQ Services, bug fixes and any necessary maintenance and support of the QdepQ content.
- By posting Content on your QdepQ-gallery you hereby grant QdepQ a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of such Content in any media formats through any media channels.
- The QdepQ-gallery contains Content of other users of the QdepQ Services. Except as provided within these GTC, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of other users of the QdepQ Services without the explicit consent of the QdepQ user that is licensed to use that part of the QdepQ gallery. You may indicate on your QdepQ-gallery under what terms and conditions others may use the Content that has been posted on your QdepQ-gallery.
- QdepQ does not, will not and cannot review all Content or all communications created by users of the QdepQ Services or of persons accessing the QdepQ website, and is not in any manner responsible for the Content of these communications and other Content. You acknowledge that by providing you with the ability to view and distribute Content on the QdepQ website, QdepQ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Contents or activities on the site and that you use the QdepQ-services, the QdepQ Content, the Output and any and all parts thereof, at your own risk.
- QdepQ has the right (but not any obligation), to block or remove any Content and/or User Accounts containing Content that QdepQ in its sole discretion wants to or considers necessary to be removed for example because it is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights or these GTC.
- In order to make use of the QdepQ-services, you must acquire credits “QdepQ-credits”. With QdepQ Credits you can pay for the provision of 2D to 3D transformations, storage of Your content in your QdepQ-space and posting on your QdepQ-gallery. If a user has insufficient credits for performing the QdepQ Services, these Services will not be performed and Output is not provided.
- QdepQ-credits can be purchased from the Apple (Ios) App Store and from the Google (Androïd) Play Store under, and subject to the payment, privacy and other terms and conditions as made applicable by Apple and respectively Google to users of and in relation to purchases from or via the App Store and Google Play.
- QdepQ attempts to ensure that all the information included on the QdepQ website is complete, accurate and current. Despite these efforts, the information on the QdepQ website may occasionally be inaccurate, incomplete or out of date. QdepQ makes no representation as to the completeness, accuracy or correctness of any information on the QdepQ website. For example, services included on the QdepQ website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the QdepQ website. In addition, QdepQ may make changes to information regarding price and availability without notice. QdepQ reserves the right, without prior notice, to limit the order quantity on any service and/or to refuse service to any user.
- QdepQ stores information in your User Account, notably your email address, password (encrypted), whether you agreed with these GTC and some other settings such as names, creation dates and captions of your Content. In addition QdepQ keeps track of your account of QdepQ Credits, as well as data storage use.
- QdepQ uses third parties for a variety of purposes, including identity verification, denied-party screening, and credit card handling, and share with them only the information required for them to properly execute these services.
- Other than specifically set forth herein (i) the QdepQ Services and any part thereof are delivered to you on an “as is” basis without any warranties or representations, express or implied, including, without limitation, warranties of merchantability, accuracy, non-infringement, or fitness for a particular purpose, quality, or performance; (ii) QdepQ makes no warranty that the QdepQ Services or parts thereof will be free from errors or bugs and that there will be uninterrupted operation of the QdepQ Services and (iii) QdepQ makes no warranties or representations, express or implied in respect of any Output, including, without limitation, warranties of merchantability, accuracy, non-infringement, or fitness for a particular purpose, quality, or performance or that it will be free from errors or bugs.
- WARNING: IT MUST BE NOTED THAT THE OUTPUT IS NOT SUITABLE FOR AND MUST NEVER BE USED IN ANY AUTOMATED MEDICAL, COMPUTER, MACHINE, ROBOT OR AUTOMOTIVE VISION SYSTEMS OR SIMILAR SYSTEMS!
- You acknowledge and agree that any Content uploaded or downloaded in relation to the QdepQ Services is done at your own discretion and risk, and that you will be solely responsible for any damage to computer systems or loss of applications or data that results from the download of any Content.
- You agree to indemnify, defend, and hold harmless QdepQ its officers, directors, employees, agents, licensors and suppliers (collectively the “service providers”) from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or in relation to: (i) any violation by you of these GTC; (ii) any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the QdepQ website via your User Account; (iii) your use of the QdepQ Services, the QdepQ Content, the Content and the Output; and/or (iv) any third party claims in relation to or resulting from your use of the QdepQ Services, QdepQ Content, Content and/or the Output .
- Your use of the QdepQ Services shall be governed in all respects by the laws of the Netherlands, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the use or / and purchase of QdepQ products or services) shall be The Courts in The Hague, the Netherlands.
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Accuracy of Information
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QdepQ Systems B.V.
2628 RX Delft