INTRODUCTION AND PRINCIPLES VALID FOR ALL USERS.
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 however a user if you surf and stay on our webpages or locations worldwide as well. This policies mention you hereby with “you”, “member” or with “user”. The policy mention hereby with “Smartdy”, “Provider”, “our”, “us” or “we”, the entity that delivers the service(s) to you. Smartdy may use more entities, private or legal to carry out the service for you around the globe, according to the entities of our resellers, host and developers globally. All services are provided 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, palaces, 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 service, more or less.
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 OR 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 for example for soliciting feedback, speed up procedure between users, suppliers and managers, 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, or with the purpose to harm the integrity of Smartdy and reputation of our managers, 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 by you in breach of this paragraph 2.2. Smartdy may sanction you a fixed contract fine at your cost of not less than 200.000,00 (two hundred thousand) euro to pay in advance to Smartdy not later than 2 calendar weeks, plus further 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.
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 or court order requesting or directing us to disclose the identity, to block, suspend or locate anyone misusing or hacking in breach of clause 2.2 or clause 2.3. In case of breach of 2.3. the mentioned fixed contract fine amount of paragraph “2.2.d” will be charged to the hacker three (3) times bigger.
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, and we make no commitment to update such contents.
4.2 The material on the sites is 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, 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 Smartdy fault and you did not make any mistake. Smartdy is anyway never responsible for any damages from any internal or external mistake 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 managers, privately and strict-confidentially, immediatelyand 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 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 contract, services and policies, 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 different from Estonia. Smarty may choose the jurisdiction of Tallinn, Vienna, Helsinki, Stockholm, Warsaw, Milan, Vilnius, Riga. The jurisdiction may be different from the country where you and your business is located. You agree that Smartdy may decide to choose a legal professional business 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. In case you want to collect a credit from another user you met by using Smartdy, our lawyers in over 20 countries in the world are ready to assist you in your credit collections and other kind of legal issue: you will meet another agreement under other conditions with the legal advisors for this purpose.
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.
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, FAKE NEWS ALLOWANCE IN THE LEGAL LIMITS . 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 you had defamatory orientation. Smartdy fights socially and politically against abuse of networks between users when users use networks to harm or offend others, or bother, spam, breach agreements and laws. In theory your “Fake video news” or “art” in your video-content-showing made by yourself are allowed in Smartdy platforms since Smartdy does not control your contents, does not judge politically your contents, does not verify truth, but trust you. However, your “fake news” must comply with local and international laws strictly, not damaging and not offending anybody as written in these policies. You are always fully responsabile of the contents and of any damages your contents generate.
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 content. 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. You need to comply with local law, workgroups rules (they might be different from group to group, from community to community) and these policies while you are broadcasting videos.
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 Directors TV 24 via Facebook at www.facebook.com/DirectorsTV24. Directors TV 24 is a group of business journalist and TV geeks around the globe who have chosen Smartdy technology for their broadcasting. We believe that anybody has a Facebook account. If not, it can be created easily and fast for free on Facebook. You agree to follow our user and partner Directors TV 24 on Facebook from the beginning. You will also get many news related to our open business community for video exchange, etc. This notification provides you with the opportunity to review the changes in the agreement. If you object to any changes by messaging us, your membership might be terminated, or continued, fully or partially, with the old agreement at our own discretion. If you don´t object the changes after the Facebook notification within 10 (ten) calendar 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 oriented to production, management, distribution, brokerage, broadcasting, streaming, exchange, social sharing, marketing/remarketing of video contents, films, movies and animations usually in MP4/H.264 formats or compatible with all modern video platforms around the globe such us YouTube and others. 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 access to local geo sites, mapping of locations, access to public or private networking groups, access to local city TV studios, interviews, recording of talks, copy of existent videos, video advertising, video archives, live TV real, simulated and syndicated toexternal social medias such us YouTube, Facebook, Twitter, Periscope and others. When you send your request and order, the type of service you require are indicated in your application. If there is no indication of a specific paid-service, then the object is your base membership to the Smartdy community with the opportunity to join business networking groups with video orientation with thousands of other professional members. Networking groups change time by time, contact the team for details or check the webpage and press release to discover the trendiest groups of the season.
4.0 TV, media and sharing of video content.
You authorize Smartdy to talk about you and show your public videos, fully or partially, anytime, in any channel, directly through Smartdy platform or through any other partner´s platform, with or without any notification. You authorize Smartdy to extract, copy, adapt, collect your videos, all your public medias, for any business, journalist or video research purpose, for marketing, remarketing or scientific studies. Your videos and other medias (other medias: example pictures non-video contents) may be extracted not only from your account via Smartdy platform but also from your websites, corporate or private pages, social accounts you have indicated to us or public linked on your official websites. You are owner of your video contents and videos, and you grant to Smartdy a non-exclusive worldwide and perpetual license to freely sub-licence, re-distribute, re-publish, re-marketing, monetize your videos and medias in general. You obviously retain all ownership right of your content, and you agree to share all those rights in order to share the video/contents with us and our other users, members and visitors. You authorize Smartdy to cut, hide some part of your videos for any reason, and to add Smartdy logos or partner´s indications (for example Directors TV 24, etc) or other notes on the video when recorded or streamed on any 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, without any question from us. If you are under 18 you are not allowed to send requests not being part of the digital video community. Please do excuse this restriction for legal reason, considering that videos not rarely hide or show sensitive contents.
6.0 Tax, payments between members in trade. You promise hereby to honor your payment obligations with us as well as all members and suppliers of our community. 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 obviously at your cost. All indicated community contributions/price-lists are net of VAT taxes, net of special taxes if required by law and net of extra expenses if required by States and authorities.
7.0 Community Newsletters. You approve to receive time by time our community newsletters or other automated messages for communications from Smartdy and our communities, such us invitations to business events, useful links, featured topics of the period, etc, eventually notifications and messages per mails, messengers, chats or phones, to keep you updated. However, our communications are not frequent and don´t target to bother you with annoying initiatives. If you unsubscribe from the news, or do not give feedback to our messages regarding this agreement and its execution, or you filter or block the notification from Smartdy, you risk to miss important communications related to your services and agreement. In fact the important news and the administrative messages are using the same communication channel.
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).
9.0 “TV Host Location” for sharing of physical television studio or conference rooms. If you have activated the service for sharing your office, premises, TV studio, business conference room with other members of the community and you have been mapped in Smartdy platform with your approval, it means you have expressively promised that you can be a TV host at your own location and estates (physical space under your ownership directly/indirectly, control or management) and this space may be shared anytime with other users of Smartdy. You are an “host” when you allow other guests to use your premises for their TV business purpose. You are a guest when you use premises of an host for TV purpose. Smartdy does not promise you to find other users interested in you as TV Host, however you promise to make your space available for not less than 4 times a year for a minimal of 8 hours per year to use for any TV-conference purpose (meetings, interview, presentations with or without live streaming in real-time). If you are a user too of premises of other Smartdy users, you promise to keep cleaned, functional, in good technical conditions, all the spaces, and to behave respectful towards the peace of the structure which hosts you, exactly like you promise to keep yours in same conditions. Any location shall have at least stable 2,5 Mbps upload speed and at least 5 Mbps download speed reserved for the shared room and for the TV live connection. Hosting others for a while is free of charge, it means guests shall not pay for using your space if it is not more than 2 hours of single use. Do use this opportunity to engage actively professional guests to your TV studio, proposing for example an interview, recording it and/or broadcasting it live via Smartdy. Host and guests might review each other after the use, and the reviews might be public. The space offered by an host, or used by a guest, shall be bigger than 14,00 m2 (fourteen qm), with furniture and equipment, such us chairs, tables, screen, videocamera, lights, air-circulation system or window, internet connection via wifi high-speed or cable, always complying with the security and safety policy of the country of the location. Before the event, you provide the potential guest who has required your space with pictures that show the space. The space shall comply with the pictures you share (simply the same space). Guest is 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. Any hosted space shall be suitable at least for 3 persons together. 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 guest shall have own assurance since the host does not cover for any injury. The guest and user of host´s equipment is responsible in case of caused damages unless the equipment was not in good condition. For any issue the local law of your location are applicable. 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. Smartdy can use the address for any administrative purpose, also for sending letters, documents or boxes (for example containing TV equipments or others). You promise to keep Smartdy updated with your correct and complete address. Fake addresses given from you to Smartdy are considered breach of these policies.
10.0 Use of content and distribution rights. Smartdy, without any need of notification to you, may copy, modify, improve, cut, distribute, share or sell any public video content provided by you or hosted on the platform for any purpose, to satisfy your requests or for any demonstrative social community purpose. However you keep the ownership rights for all your own contents. The rights of sharing and distribute your video contents for Smartdy does not terminate with the termination of this agreement unless you and Smartdy meet a further agreement.You are not allowed to copy, modify or distribute any video contents owned by Smartdy, nor part of our pages and graphics. You are allowed anytime publicly to share Smartdy´s public contents beloging to Smartdy, to you or to other users, using the sharing buttons and funtionalities, or simply sharing with your people the link to the URL page of the content. You are not allowed to distribute and share private contents or confidential informations.
11.0 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.
12.0 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.
13.0 Intellectual property rights of Smartdy, protection of special name and community names. 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” , “b2baltic”, etc or similar, with or without capitol letters, written in any way. You promise not to mislead your users offering services with our names or similar. You promise not to use nor mentioned 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 can mention our names while you share the links of our services, your account page on our platform with your contacts. Any abuse can be sanctioned with a contract fine and charged to your account according to these policies.
14.0 Communities with their extra free facilities. Smartdy agreement allows you extraordinary to be a member of the prestigious European community b2baltic for trading innovation and smartcities, without any obligation to pay extra periodic community service-fees to b2baltic for your active participation. However, you agree from now to follow and respect the b2baltic community policies and all community rules when you want to use b2baltic facilities for free. Anyway, Smartdy entitle you with a base membership (basic account) special mede for Smartdy users. Your membership could be suspended any time without any need of notification. You are authorized to create a professional paid-account on any external community. Communities give opportunity to share better video contents and interact with other members or joun discussion forum, programs, business lotteries and any other social initiative. We have chosen b2baltic for their high competence in engaging members, their social attitude, the large set of sub-communities (for example for retailers, realtors, luxury traders, speakers, non-profit geeks, pharma bio experts, hightech geeks, etc) and for having b2baltic television, the first community b2b television in Europe operative since 2017. For community services and concerns please direct your inquires directly to the community support team. 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.
15.0 Payments and general contract fines in case of breach of this contract. Currency is Euro (€) for any amount indicated in Smartdy. You promise to pay all your services in advance and on-time always according to the given information and due information. If there is a fee you believe it is not correct, you shall pay it anyway on time and you have time 5 (five) working days to open a case and claim for verification. Delay in payments for over 2 calendar days may charge you with a sanction of 4% (four %) of the due amount. For delay over 14 (fourteen) calendar days, Smartdy may suspend your service and is considered a breach of the policies with higher sanctions up to 50% (fifty %) of the due amount, plus all legal expenses our of court-of-law or at court-of-law. All legal expenses, court costs as well as arbiter costs are always charded to your account. For delay over 20 calendar days, Smartdy does not promise to keep longer your data and medias, videos, on the platform, the risk is the full loss of your medias: in this case you will need to reupload and reset up your account once again from zero. Your payments of sanctions or contract fines in case of breach of these policies follow the same condition like for any standard payment: the time for payments of fees and fines, and the delay, follow the same rules indicated on this paragraph 15.0. Since we are connected with Telecommunication companies and banks, we are entitled to add your name and company to international list of debtors if the delay is over 30 calendar days. Smartdy declines any liability for any troubles you and your business experience in case of breach of contract, suspensions and fines. Any breach of the contract by you against Smartdy is sanctioned with a contract fine depending on type of breach. Apart legal expenses at your charge, delay fees, and the full coverage of the damages you cause while breaching the agreement, we fix hereby an extra contract fine, that however cannot be bigger than 100.000 (one hundred tousands) euro. All contract fines shall be paid on time like all other amounts, following same rules about delay from the moment the contract fine has been applied.
16.0 Contract conclusion, duration and termination. This binding contract has been concluded and operative between you and Smartdy, as well as between you and our authorized supplier that issue invoices to your account, from the beginning, when you ask service activation, send letters or inquires by approving these policies. From the beginning you are our Smartdy users even when your payments are not defined yet. You have from the beginning the privilege to be a free basic member of our communities like explained in these policies. From the beginning you can share smart video contents with us or asking us to evaluate your best videos. Smartdy evaluation service is an extraordinary service provided to you users free of charge, carried out by a TV redaction with multilingual media experts. Best video contents might be rewarded by Smartdy by using them. Cancellation of your membership from communities such us b2baltic are based on community contracts: this means the termination of your contract with Smartdy does not terminate automatic your membership with any other communities you have been involved. Do carefully follow the policies given by the communities, or contact them drectly, if you want to terminate all memberships around. The natural duration of this agreement with you is timely unlimited, and the contract renew automatic every calendar year without any need of actions. Regardless if you are a free or paid user, this agreement cannot be terminated before 3 (three) calendar years after the start of its execution. However, if you are a paid-user, you are entitled to suspend the payments of the periodic arranged fees to Smartdy, from the 1st of January of the next year of the date of your termination request. Refund to you are not possible. If you have chosen a monthly payment and you decide to terminate the contract, you shall pay still only one calendar month more: example, you agreed for a monthly payment and after paying 14 months you decide to terminate the agreement; you pay your 14th month and the 15th month still, and the service will be delievered to you till the end of this period. Termination requests shall be sent to Smartdy in written form complying with this paragraph otherwise the termination request is not valid and not effective. Contract termination requires you to pay a termination contract fix fee of 1000 (one thousand euro) if you are a non-paying user, or 200 (two hundred) euro if you are a paying user. If you are a paying user and you require contract termination, you shall still pay 100% of the yearly fee of the current calendar year. When you require contract termination you can also ask full data removal: this must be indicated in your termination letter and requires the payment of a double termination fee due to the higher complexity of your request. Contract termination is not possible if the user has pending duties or payments with Smartdy. Smartdy may terminate the contract with you anytime also without any explanatation giving you notification by e-mail.
17.0 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.
18.0 Manner, word of mouth. You and Smartdy are committed to being social responsible and fair, to behaving polite towards the others, nice towards to Smartdy team, to fulfilling agreements according to the Smartdy policies and other´s communities policies. You agree that you will not use our internet resources such as pages or data-traffic on our platforms with the purpose of monitoring, competitions, statistics. 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 share time by time video contents of Smartdy and medias related to Smartdy services and Smartdy´s users. In general you understand and agree that your personal/brand power and your digital reputation are influenced by your activities and initiatives, your communication skills, your commercial strategies and investments in communication, how you talk about your services, product or yourself, how you inform the other of your existence, and the content type/quality you share or broadcast through the Smartdy video platform & TV, or in communities.