Magveo Terms of Service
Last update: Sept 28, 2018
Your use of the Magveo website magveo.neologicvision.com (here after called the "Website") including any element provided to you on or from the Website (here collectively called the "Service") is subject to the terms of a legal agreement between you and Neologic Vision. "Neologic Vision" means Neologic Vision SPRL / BVBA, whose principal address is
Neologic Vision SPRL / BVBA
Rue Abbé Cuypers 3
1040 Brussels
Belgium
www.neologicvision.com
The whole service is subject to European privacy law, namely General Data Protection Regulation. Neologic Vision ensures that the Service is compliant with regulation, using reasonable technical measures. Neologic Vision encourages best practices in data protection. Beyond legal requirements of GDPR, Neologic Vision does not guarantee any further protection or privacy.
In the current version of the Service, data transfer, including file upload and download, is not encrypted. By using the service, you agree that data transferred are not sensitive and would not, by any means, require a higher security level.
Data collected include
Data collected may be processed and used to
In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
You can accept the Terms by simply using the Service. You understand and agree that Neologic Vision will treat your use of the Service as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Neologic Vision, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
You should print off or save a local copy of the Terms for your records.
Neologic Vision reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
As part of this continuing innovation, you acknowledge and agree that Neologic Vision may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Neologic Vision sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Neologic Vision when you stop using the Service
You agree that you are solely responsible for (and that Neologic Vision has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Neologic Vision may suffer) of any such breach.
Neologic Vision operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
As part of copyright policy, Neologic Vision will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
As a Magveo user you may submit Content. You understand that whether or not Content is published, Neologic Vision does not guarantee any confidentiality with respect to Content.
You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Neologic Vision and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Neologic Vision does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Neologic Vision expressly disclaims any and all liability in connection with Content.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Neologic Vision to use your Content for the purposes of the provision of the Service by Neologic Vision, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the Neologic Vision terms of service.
You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Neologic Vision to use or possess in connection with the provision of the Service.
You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Neologic Vision the licence.
On becoming aware of any potential violation of these Terms, Neologic Vision reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Neologic Vision with respect to any such Content.
When you upload or post Content to Magveo, you grant to Neologic Vision, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Neologic Vision business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Neologic Vision, and is subject to copyright, trade mark rights, and other intellectual property rights of Neologic Vision or Neologic Vision's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Neologic Vision or, where applicable, Neologic Vision's licensors. Neologic Vision and its licensors reserve all rights not expressly granted in and to their Content.
The Terms will continue to apply until terminated by either you or Neologic Vision as set out below.
If you want to terminate your legal agreement with Neologic Vision, you may do so by (a) notifying Neologic Vision at any time and (b) closing your Neologic Vision account. Your notice should be sent, in writing, to Neologic Vision's address which is set out at the beginning of these Terms.
Neologic Vision may at any time terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Neologic Vision is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)
Neologic Vision may terminate its legal agreement with you if:
- Neologic Vision is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- The provision of the Service to you by Neologic Vision is, in Neologic Vision's opinion, no longer commercially viable
Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
The Service is provided "as is" and Neologic Vision makes no warranty or representation to you with respect to them.
In particular Neologic Vision does not represent or warrant to you that:
- Your use of the Service will meet your requirements
- Your use of the Service will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
Nothing in these Terms shall exclude or limit Neologic Vision's liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the overall provision in previous paragraph above Neologic Vision shall not be liable to you for:
- Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- Any loss or damage which may be incurred by you as a result of:
-- Any changes which Neologic Vision may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
-- The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
-- Your failure to provide Neologic Vision with accurate information;
-- Your failure to keep your personal data secure and confidential.
The limitations on Neologic Vision liability to you in above paragraph shall apply whether or not Neologic Vision has been advised of or should have been aware of the possibility of any such losses arising.
The Terms constitute the whole legal agreement between you and Neologic Vision and govern your use of the Service and completely replace any prior agreements between you and Neologic Vision in relation to the Service.
You agree that Neologic Vision may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
You agree that if Neologic Vision does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Neologic Vision has the benefit of under any applicable law), this will not be taken to be a formal waiver of Neologic Vision's rights and that those rights or remedies will still be available to Neologic Vision.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Neologic Vision under the Terms, shall be governed by Belgian law. You and Neologic Vision agree to submit to the exclusive jurisdiction of the courts of Brussels to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Neologic Vision shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.