Terms & Conditions User Agreement
Last Updated: 10 January, 2019.
Welcome to SQOBE.
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT!
Please read these terms and conditions of service (“Terms”, “Conditions”) carefully as they form a contract between you, the customer (“Member” or “you”), and SQOBE Video-On-Demand Platform ("SQOBE", "we", "us", or "our") which governs your access and use of SQOBE, also referred to as Filmbook BV SQOBE Platform (“SQOBE Platform”). These Terms govern (i) the secure streaming solution provided by SQOBE for Internet Film and Television Series Viewing; (ii) SQOBE Software provided or made available by SQOBE for Professional Members to upload proprietary Films, Television Series / Shows on Member’s as authorized end-users’ (“Users”) specific Internet-connected devices worldwide via the SQOBE Platform (the "Professional Members"); (iii) the SQOBE website or applications; and, (iv) written or electronic use or features guides or other documentation provided or made available by SQOBE for use with the SQOBE Platform (the "Documentation") (collectively the "Service(s)").
The Terms form a legally binding agreement between you and SQOBE in relation to your use of the Service. It is important that you take the time to read them carefully.
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 SQOBE will treat your use of the Service as acceptance of the Terms from that point onwards.
BY USING ANY OF THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT TO THESE TERMS (IN WHICH EVENT, "YOU" AND “MEMBER” AND “MEMBER’S" WILL REFER TO THE GOVERNING USE OF SQOBE, IN WHICH EVENT THE TERMS OF THIS CONTRACT WILL GOVERN YOUR USE OF THE SERVICE. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS AND ONLY IF YOU HAVE THE POWER TO FORM A CONTRACT WITH SQOBE AND ARE NOT BARRED UNDER ANY APPLICABLE LAWS FROM DOING SO. IF YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS, YOU CAN CONTACT `THE SQOBE HELP DESK. YOU FURTHER AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
This agreement is written in the English language. To the extent any translated version of this agreement conflicts with the English language version, the English language version governs.
FILMBOOK BV, the parent company of the SQOBE Platform provides these Terms & Conditions for all Members in one document to represent the transparency of our beliefs, in addition to reduce search time for users.
This Terms & Conditions User Agreement contains the following Sections:
- THE IDENTITY AND PURPOSE OF SQOBE
- SQOBE PRINCIPLES
- RIGHTS & RESPONSIBILITIES
- ORDERING, FEES, PAYMENT and TAXES
- SQOBE SAFETY PRECAUTIONS
- INDEMNIFICATION and LIMITATION OF LIABILITY
- TERM AND TERMINATION
- VIII. SQOBE PROPRIETARY RIGHTS
- THIRD-PARTY COMMUNICATION SERVICE
- ADVERTISEMENT PURCHASES
- SQOBE AUDIENCE, MEMBERSHIP
- SQOBE PREMIUM MEMBERSHIP TERMS
- XIII. SQOBE PROFESSIONAL USER TERMS
- XIV. FILM UPLOAD GUIDELINES
- XVI. COPYRIGHT TERMS
- XVII. AMENDMENTS
- THE IDENTITY AND PURPOSE OF SQOBE
SQOBE is a Video-On-Demand Platform that provides its Members with access to Movies and Television Productions streamed over the Internet to certain Internet-Connected Televisions, computers and other electronic devices. In addition, SQOBE provides its Professional Members the opportunity to upload proprietary Films and Television Series / Shows, and to promote and sell such media worldwide through this Platform.
The Service provides recommendations and information regarding such Films and Television Series offerings and creates a Social Network to provide its Members the possibility to interact.
- SQOBE PRINCIPLES
We establish SQOBE as a Service to provide the film industry further accessibility, transparency and gainfulness, which we believe will endorse creativity and productivity of film projects around the world; and further filmmakers and other stakeholders’ ability to receive revenue and proprietary control. SQOBE promotes openness and transparency by providing filmmakers and other stakeholders a worldwide audience to provide and circulate their films. Achieving these goals shall be controlled only by limitations of law, technology, and evolving social standards. We therefore establish the following SQOBE Principles as the foundation of this User Agreement under SQOBE Services.
Freedom to promote and commercialize. Filmmakers and other stakeholders shall have the freedom to promote and sell suchlike film(s), in all mediums and formats, and have the right to show the films online openly (within the legal boundaries of age).
Ownership of Information. SQOBE believes persons own their information, thus have the freedom to promote it openly. We have the freedom to decide to share information, and have set privacy controls to protect those choices. SQOBE PRIVACY CONTROLS ARE NOT RESPONSIBLE FOR CONTROLLING THE BEHAVIOR OF THE END USER, PARTICULARLY OUTSIDE OF THE SQOBE SERVICE.
Freedom of Sharing films. Persons shall have the freedom to access all films, television shows/series presented through the SQOBE Service. Persons shall have practical tools to provide easy, quick, and efficient access and distribution to available films.
Fundamental Equality. Every person - whether individual, advertiser, organization, or other entity - shall have representation and access to distribution and information within the SQOBE Service, regardless of that person's primary activity. There is one single set of principles, rights, and responsibilities that apply to all persons within the SQOBE Service network.
Social Identity. People have the freedom and opportunity to build trust and reputation through their identity and networks, and are offered SQOBE Services conditionally as required by SQOBE Terms & Conditions User Agreement.
Accessible Service. All persons are able to use the SQOBE Services regardless of his or her level of participation or contribution.
Common Rights & Responsibilities. The Rights & Responsibilities of SQOBE and its Members are described in the Terms & Conditions User Agreement, which are not inconsistent with these principles.
Transparency. SQOBE shall publicly provide information regarding current and future purpose, plans, policies, and operations. SQOBE is governed through a ‘town hall’ process of notice and comment and Member Voting to encourage input and dialogue on any amendments to these principles or to Rights & Responsibilities.
One Global World. The SQOBE Service spans over all geographic and national boundaries and is available worldwide.
- RIGHTS & RESPONSIBILITIES
- Acceptable Use. These Terms govern Member’s use of the Services. The Service is a hosted, multi-tenant, environment. Member may use the Service, on a non- exclusive basis, solely in strict compliance with these Terms, the applicable user documentation (“Documentation”) all applicable laws, the number of users and any other restrictions set forth in any applicable order which may be in paper or electronic form (“Order”), and any applicable agreement in place governing Member’s use of the Service. Certain third-party services, hardware, and technical devices may be necessary to use the Service, and such minimum system requirements are set forth in the Documentation. As between Member and SQOBE, Member is solely responsible for obtaining, and the performance of all software, services and hardware not provided by SQOBE. Member shall be responsible for the compliance of its usage with all applicable laws and the terms and conditions of these Terms, including without limitation, to SQOBE’s Acceptable Use Policy, which is incorporated by reference hereto.
- Use of Content. SQOBE and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the SQOBE Platform and any SQOBE content, or other materials comprising a part of the SQOBE Platform at any time without notice. In no event will SQOBE be liable for making these changes. SQOBE may also impose limits on the use of or access to certain features or portions of the SQOBE Platform, at any time and without notice or liability.
Member agrees that the SQOBE Platform includes security technology that limits Member’s use of SQOBE Content and that, whether or not SQOBE Content is limited by security technology, Member shall use SQOBE Content in compliance with the applicable usage rules established by SQOBE and its licensors (“SQOBE Platform Usage Rules”), and that any other use of SQOBE Content may constitute a copyright infringement. Any security technology is an inseparable part of the SQOBE Content and the SQOBE Platform. SQOBE reserves the right to modify the SQOBE Platform Usage Rules at any time. Member agrees not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such SQOBE Platform Usage Rules for any reason, or to attempt or assist another person to do so. SQOBE Platform Usage Rules may be controlled and monitored by SQOBE for compliance purposes, and SQOBE reserves the right to enforce the SQOBE Platform Usage Rules without notice to Member. Member agrees not to access the SQOBE Platform by any means other than through software that is provided by SQOBE for accessing the SQOBE Platform. Member shall not access or attempt to access an Account that Member is not authorized to access. Member agrees not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the SQOBE Platform. Violations of system or network security may result in civil or criminal liability.
- Registration Terms and Authorized User Conditions. To obtain access to Services, Member shall obtain an Account with SQOBE by (1) completing the download instructions presented to Film Providers and/or (2) requesting a film pursuant to SQOBE’s order process. When registering with SQOBE, Member must provide true, accurate, current and complete information about Member as requested by the Service process. SQOBE users are required to provide their true name and information in order to maintain the security of Member Account. Hereunder are the commitments all Members agree for Registration and Authorized Usage of SQOBE Services:
- SQOBE Public Membership is free within limitation of certain subscriptions.
- In order to access features and service of the SQOBE Platform or other elements of the Service, Members are required to create a SQOBE Member Account. When creating a Member Account, accurate and complete information is required. Members must keep his/her SQOBE Account Password secure and confidential.
- Member agrees to update his/her SQOBE Registration Data to keep Account accurate and complete, and Member agrees that SQOBE may store and use said Member SQOBE Registration Data for use in maintaining and billing fees to Member Account.
- Once Member Account has been created, said Account shall remain available and shall not be deleted; Account may only be deleted if Account Holder is deceased.
- An Account Holder may deactivate his/her Account, and is able to activate his/her Account at any moment in time.
- If SQOBE decides to discontinue Member usage of Service, SQOBE shall deactivate Member Account.
- Member must notify SQOBE immediately of any breach of security or unauthorized use of Member Account as soon as Member becomes aware.
- Member agrees he/she is solely responsible to SQOBE and others for all activity that occurs under his/her SQOBE Account.
- Usage of certain SQOBE Applications are only accessible within Professional Membership.
- Professional Member usage requires fees applicable to Professional subscription.
- Professional Member usage includes additional applications not available to free members.
- Professional programs include additional advantages not available in other programs.
- SQOBE is free to set or change the fee for the Professional programs at any time.
- SQOBE is free to transfer applications and advantages between membership levels.
- SQOBE shall publish any/all changes in fees and/or advantages in the announcement section of Member ‘dashboard.’
- If Professional Members do not agree with applicable changes, Member may continue usage of Professional advantages until end date of his/her annual membership payment; click User ‘stop upgraded membership’ and shall automatically be downgraded to a free membership program; additionally, may deactivate Member Account.
- If Member should deactivate his/her Account, he/she shall allow SQOBE to utilize Member personal contact information and films that appear on the Platform for purposes to promote SQOBE.
- Member shall not provide any false personal information on SQOBE, or create an account for anyone other than yourself without permission.
- Member shall not create more than one personal public account.
- A professional member will be able to have one professional account and one public account.
- If SQOBE should deactivate a Member Account, Member shall not create additional account(s) without our permission.
- Member shall not share his/her password, and or allow anyone access to his/her account, or behave in any way that may jeopardize the security of your account.
- Member is not permitted to transfer his/her account to another person.
- Member agrees that he/she is the only individual entitled to access the SQOBE Platform using his/her secure password or SQOBE identification, and Member agrees not to permit others to access the site using his/her password or SQOBE identification. Member agrees that all his/her actions, or any other User that accesses the site using your SQOBE identification at or through the SQOBE site shall be attributed to and legally bind him/her, even with respect to acts from said actions of him/her or others using his/her password or SQOBE identification.
- As a registered User of the SQOBE Platform, Member may establish an account ("Account"). Member is not permitted to reveal his/her Account information, and is solely responsible for maintaining the confidentiality and security of his/her Account and for all activities that occur on or through his/her Account, and agree to immediately notify SQOBE of any security breach of his/her Account. SQOBE shall not be responsible for any losses arising out of the unauthorized use of Member Account.
- SQOBE usage to stream films from the SQOBE Platform, Member must enter personal SQOBE ID and password or use Touch ID to authenticate Member Account. Once Member has authenticated Account using SQOBE ID and password, usage does not require authentication again for fifteen minutes; Member may choose to allow his/her computer or SQOBE Television to remember your password for purposes to remain authenticated. During this time, Member may purchase and download SQOBE films without re-entering password. Member may turn-off the requirement for SQOBE Product transactions or change settings to enter password for every transaction by adjusting the settings on his/her computer, or other device. For more information, please visit the SQOBE HELP CENTER.
- Member agrees not to assign his/her rights under this User Agreement without the consent of an authorized representative of SQOBE in an electronic record, and any assignment without SQOBE's consent is voidable at SQOBE's option. This User Agreement shall insure to the benefit of and bind the parties' respective successors and permitted assignees.
- If Member should select a username of a publicly known person and/or artist name for his/her account or profile, SQOBE reserves the right to remove or reclaim such User name; Member may not create an account and/or profile of a publicly known person if you are not that person or have not the authorization of that person (trademark owner issues applicable to username that does not closely relate to user's actual name); infringement on the basics of User Terms & Conditions.
- If Member has identical name and/or other details of a fellow Member on SQOBE, and Member is able to prove this, he/she is permitted to continue to operate under said name with the restriction that SQOBE adds a distinction mark between said name and/or Profile (a pop-up will automatically inform our Help Desk for verification).
- In the case of Article b.29 above, SQOBE has the right to keep Profile page open and reserve for the person who complies to the profile.
- If Member has the same name and other details of a publicly known person, and are able to prove this, Member is allowed to continue to operate under said name with the restriction that SQOBE adds a distinction mark between said name and/or Profiles (a pop-up will automatically inform our Help Desk for verification).
- If Member is a public figure and choses to keep his/her actions on the SQOBE Platform private, we shall allow Member to create a fictitious Account name attached to his/her actual personal information.
- In the case of a public figure, SQOBE is not liable if a Member’s true name behind a fictitious name is discovered and publicized. SQOBE shall actively cover the privacy details of all Members.
- SQOBE is permitted to delete or deactivate Member account at any time on grounds, without explanation.
- SQOBE log of information regarding Member use of the SQOBE Platform includes, but is not limited to, the SQOBE film content viewed and length of your watching sessions. SQOBE may also collect device information including IP address, device type, operating system version and type, and unique device identifiers. Any film preference information provided to SQOBE shall be stored in association with Member Account. This information is used by SQOBE for purposes inclusive of: provision of SQOBE Platform Service, personalization of Member recommendations, reports to licensors and for royalties, to customize and improve SQOBE products and services including the SQOBE Platform, provide relevant advertising, protect against fraud and to enforce this Agreement.
- The SQOBE Platform is available to individuals aged a minimum 13 years (or equivalent minimum age based on local law), unless Member SQOBE ID is provided as a result of a request by an approved educational institution or established as part of the Family Sharing feature by registered parent or guardian. Children under the age of 13 are required to review this Agreement with their parent or guardian to ensure acceptance by child and parent or legal guardian. SQOBE does not knowingly collect, use or disclose personal information from children under the age of 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians must remind minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring his/her use of the SQOBE Platform.
- Use of the SQOBE Platform requires a compatible device, Internet access, and certain software; may require periodic updates and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may apply. The latest version of required software is recommended and may be required for certain transactions or features. Member agrees to meet these requirements, which may change from time to time, and is Member’s responsibility.
- Client Membership. To use the SQOBE Service, Member must have available Internet-supported television and/or mobile devices (“Devices”). A list of current SQOBE-supported Devices is provided on the SQOBE website. SQOBE shall have no responsibility or liability with respect to Devices that are not on SQOBE’s list of supported Devices. Use of the Services is governed through license terms; if no license is presented to the Member, said Terms apply. SQOBE reserves all rights to the Services, and may automatically check Member version of Services. SQOBE Platform usage is licensed, not sold. Unless SQOBE notifies Member otherwise, the Service license ends when Member Service ends. Member must not work around any technical limitations in SQOBE Software. SQOBE Software is subject to The Netherlands laws and regulations. Member must comply with all laws and regulations that apply to the Member Services. These laws include restrictions on destinations, end users, and end use. Without limitation, Member may not transfer the SQOBE Software or Service.
- Support. SQOBE shall provide support in accordance with the SQOBE Membership Support Terms, which are incorporated herein.
- License of SQOBE Platform. Films made available through the SQOBE Platform and the related SQOBE apps are licensed to Member through SQOBE. Member license to each film is subject to SQOBE Terms & Conditions, and Member agrees such Terms shall apply. Member acknowledges that the license to each film viewed through the SQOBE Platform, as defined below, or associated with Member Account, is a binding agreement between Member and SQOBE. Member acknowledges that he/she acquires the license to view each film; SQOBE acts as agent/transmitter for the Film Rights Owners to provide each such Third-Party Product to Members.
SQOBE is not a party to the license between Member and Content Provider with respect to Third-Party Product. The Content Provider of each Third-Party Product is solely responsible for said Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that Member or any other party may have relating to that Third-Party Product.
Member acknowledges and agrees that SQOBE and its subsidiaries are third-party beneficiaries of the Licensed Content End User License Agreement, or the Content Provider’s End User License Agreement, as the case may be, for each Third-Party Product. Member also agrees, upon Member acceptance of the Terms & Conditions of the license to any such Third-Party Product, SQOBE has the right (and will be deemed to have accepted the right) to enforce such license against Member as a third-party beneficiary thereof.
The SQOBE Platform content made available through the SQOBE Platform is licensed, not sold, to Members. Member license to each film viewed through the SQOBE Platform or associate with SQOBE Member Account is subject to Member prior acceptance of the Licensed Content End User License Agreement (“Standard EULA”), and Member agrees that the terms of this Standard EULA shall apply to each SQOBE content licensed through the SQOBE Platform, unless that content is covered by a valid End User License Agreement between Member and the content provider of the films, in which case the terms of that separate End User License Agreement shall govern. Member license to any SQOBE film under the Standard EULA or separate End User License Agreement is granted by SQOBE, and Member license to any third-party product under this Standard EULA or separate End User License Agreement is granted by the content provider of that third-party product. All SQOBE films are subject to the license granted under this Standard EULA, and is referred to herein as the “Licensed Content”. The content provider or SQOBE as applicable (“Licensor”) reserves all rights in and to the Licensed Content not expressly granted to Member under this Standard EULA.
Scope of License: license granted to Member for the Licensed Content by Licensor is limited to a nontransferable license to use the Licensed Content on any SQOBE-branded products that Member owns or controls and as permitted by the usage rules set forth in the SQOBE Platform Terms & Conditions (the “Usage Rules”). This license does not allow Member to use the Licensed Application on any SQOBE Device that he/she does not own or control, and except as provided in the Usage Rules, he/she may not distribute or make the Licensed Application available over a network where it may be used by multiple devices at the same time. Member may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if Member sells his/her SQOBE Device to a third-party, Member must remove the Licensed Application from the SQOBE Device before doing so. Member may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
- Security and Architecture. Member hereby acknowledges and agrees to the architecture, encryption and security of the SQOBE Services, details relating to the architecture and deployment of the SQOBE Service and video-on-demand Service.
- General Restrictions. Member shall not remove or alter any copyright notice or any other notices that appear on SQOBE or in the Service. Member shall not (and shall not allow any third-party to): (i) modify or create derivative works of any SQOBE or any part of the Service; (ii) reverse engineer, decompile, decrypt or attempt to discover any source code or underlying ideas or algorithms of SQOBE or any part of the Service; (iii) provide, lease, lend, transfer, assign, sublicense, or otherwise use or allow the use of the Service for the benefit of any third-party other than as permitted by SQOBE in writing; (iv) use any Member Service, or allow the transfer, transmission, export, or re-export of any Member Service or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations governing Member; (vi) disable, damage or attempt to penetrate the Service in any manner, including, without limitation, pursuant to an “ethical hack”; or (vii) access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits.
- Third-Party Products. As between SQOBE and Member, you are solely responsible for any third-party service, software, website, network, applications, programs, products, content (collectively “Third-Party Products”) that you use, transmit or install in connection with the Service. SQOBE is not party to and is not bound by any terms governing Member’s use of Third-Party Products. Member acknowledges and agrees that SQOBE is not responsible for any Third-Party Products. Any terms associated with a Third-Party product are solely between Member and the applicable third-party. Similarly, SQOBE is not responsible for any Third-Party Products that you access or use in connection with the Service (which may include, without limitation, Internet Services), and you irrevocably waive any claim against SQOBE with respect to such Third-Party Products. In no situation shall SQOBE be responsible or liable in the event that Member suffers download loss or other loss in connection with use of Third-Party Products. SQOBE shall have no liability, obligation or responsibility for any Third-Party Products.
- Consent to Electronic Communications and Solicitation. SQOBE may send communications or data regarding the Service, including but not limited to (a) notices about use of the Services, including notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding SQOBE's products and services, via electronic mail. Members have the opportunity to opt-out of receiving electronic mail from SQOBE by following the opt-out instructions.
- Pre-Release Testing / Early Access / Trial Services. Subject to the foregoing, SQOBE may provide Members with a free testing arrangement of certain Services, whether written, verbal or implied, in connection with pre-release or early access testing of services that are not generally or commercially available, or a trial of commercially and generally available services (“Test Services”). If Member has been granted access to Services prior to placing a commercial purchase for Services, or prior to such Services being generally available to SQOBE Members, in the absence of a written arrangement defining the scope of a trial, pre-release or early access testing arrangement, a 30-day non-production internal Test Service shall be assumed (“Evaluation”). Notwithstanding any terms and conditions described in these Terms to the contrary, any Evaluation shall be subject to the following: (a) the Evaluation shall be of limited duration and shall expire automatically upon completion of the pre-release, early access or trial test period, (b) the Evaluation shall terminate immediately without notice from SQOBE if Member fails to comply with any provision of these Terms, (c) the Member may terminate the Evaluation earlier at any time by discontinuing use of the Test Services, (d) upon any expiration or termination of the Evaluation, the customer must discontinue use of Test Services, (e) SQOBE shall have the right to terminate all access to the Test Services without notice to Member upon expiration or termination of the Evaluation, and (f) is subject to the restrictions set forth in Article 1(h) above. Member acknowledges and agrees that (i) SQOBE is under no obligation to deliver or develop generally available or production version of any pre-release or early access services, or any features or functionality therein, and (ii) any Test Services-related feedback shall be deemed SQOBE Confidential Information, and SQOBE is free to use such feedback for any purpose, without permission or license from, or payment to Member.
- ORDERING, FEES, PAYMENT AND TAXES
- Payment and Purchase Terms. Member agrees to SQOBE Payment and Purchase Terms; to pay for all products purchased through the Platform. SQOBE shall charge Pubic Member Wallet and Professional Member Payment Method for any products purchased and for any additional fees owed (including Taxes and Late Fees, as applicable, Transfer Costs, Payment Costs and Security Costs) that may be accrued by or in connection with Member Account. You are responsible for availability of funds in Wallet and or the timely payment of all charges and for providing SQOBE with a valid Payment Method for payment of all fees. For details on how purchases are billed please visit SQOBE Help Center.
Member use of Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that all electronic submissions constitute an Agreement and Intent, and are bound by such Agreements and Transactions. Member Agreement and Intent applies to all transactions entered into with SQOBE Services, including Notices of Cancellation, Policies, Contracts, and Applications. In order to access and retain Member Electronic Records, you may be required to have certain hardware and software, which is your sole responsibility.
Member’s Total Price for Services shall include the price of the Product plus any Applicable Tax; such tax is based on the applicable local tax rate in accordance with the product charge in effect at the time you download the Product.
All sales of products are final. Prices for products offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, Member’s sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of product, Member’s sole remedy is either replacement or refund of the price paid, as determined by SQOBE.
Purchase Terms include:
- At the time you confirm a transaction on SQOBE, you agree to be bound to pay for said transaction.
- Details of all transactions are your responsibility, including Taxes, Fees, Transmission Costs, Payment Costs, and Security Costs.
- Price of films are dependent on Project Owner of individual film; thus the prices of films may differ.
- At the time you confirm to watch a film and paid for the viewing of the film, you will be able to watch the film 5 times within 48 hours. If you have not watched the film within the 48 hours, and you wish to watch the film, you will be obliged to pay again the price which is stated at the profile page of the film.
- Prices of subscriptions may be altered in accordance to SQOBE Policies.
- All prices are stated in EURO Currency. If Member Country does not use the EURO Currency, the charge and amount of Member’s Country Currency will differ.
- You are responsible for any difference of Currency Transaction Costs; the amount in EUROS shall be the Standard Currency.
- Should a Product become unavailable before it can be provided, remedy is a refund of purchase price.
- Any refunds will be placed on Members “Credit Account” and will be returned in the beginning of the next fiscal year, or Member may use the refund to make other purchases.
- When you "purchase" a virtual product or film from SQOBE Platform, SQOBE shall post the product/film and any accompanying message from you on the Recipient's Profile. SQOBE obligation ends once product/film and message are delivered.
- Virtual products/films are not refundable.
- If the Virtual Product should malfunction, SQOBE shall supply you with a new functioning file. You are obliged to have the software and/or hardware to adapt to the product.
- Member may be presented with additional Terms relating to a Specific Purchase before a transaction is confirmed (such as Shipping Terms for tangible goods). Those Additional Terms shall govern that transaction.
- Virtual products SQOBE made available through SQOBE Platform are licensed to Member, not sold.
- SQOBE makes no warranties of any kind, express or implied, with respect to any Products or Services sold on, or through SQOBE.
- If your Payment Provider should bill additional costs for Transaction with SQOBE, additional costs are your responsibility; SQOBE is not liable for such actions and will not compensate Member for any additional Payment Provider Costs.
- If your National Tax Office should bill additional costs for transaction with SQOBE, additional costs are your responsibility; SQOBE is not liable for such actions and will not compensate Member for any additional Tax if Paid Membership began on a day not contained in a given month. Visit SQOBE Platform and click on "Billing History" link on the "Your Account" Page to see your next Payment Date.
- SQOBE may change Service Plan and the price of Service from time to time; however, any price changes or changes to Service Plan will apply no earlier than 30 days following email notice to Member.
- All SQOBE paying Members (Professional Members) pay a one-time integration fee(s) for each level(s) to be able to use these Programs.
- All Subscription Fees are charged after the Annual Subscription. Subscription date begins when Member enters the Program.
- Program prices are listed on the Platform and may differ during the year in price. SQOBE does not discount prices after the end of the year when the price has lowered. Member is obliged to pay the price at the day entered into Subscription.
- If Member should decide to stop his/her Subscription in the middle of the year by deactivating his/her Account, Member remains obliged to pay the Annual Subscription Fee.
- You can acquire Content on our Services for a charge, referred to as a “Transaction.” Each Transaction is an electronic contract between you and the licensed entity providing the Content on our Services. When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. Manage your password settings at any time by following the instructions found on Member dashboard. SQOBE will charge your Payment Wallet for any Transactions, including any applicable taxes. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by SQOBE. From time to time, SQOBE may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles SQOBE to a corresponding counterclaim.
- The Payment Wallet Regulations for Public Users
The SQOBE platform has installed a Payment Wallet for the public users on the platform. Public users can watch films by paying through his/her Payment Wallet. He/she is required to add funds to their Wallet and each time they watch a movie, SQOBE shall deduct the amount of the price of the film from his/her Wallet.
- The funds added to the Payment Wallet are non-refundable.
- The User agrees he/she will spend Payment Wallet funds through the SQOBE Platform to watch movies.
- User funds remain in his/her Payment Wallet as long as the Platform exists.
- When a member deactivates his/her account, any funds shall remain in his/her Payment Wallet; in case this member reactivates his/her account, they shall have access to their Wallet again.
- If the deactivation of the membership is permanent due reasons of law, any funds will not be refunded.
- Should the SQOBE Platform or the parent organization undergo bankruptcy, and the Public User cannot watch movies, Payment Wallet funds will not be refunded.
- Notices and Amendments to Payment and Purchase Terms.
- SQOBE may provide notices to you by posting as an announcement on Member Dashboard and by sending to your email address. Platform and email notices shall be considered received within 24 hours of the time posted or sent.
- Except as otherwise stated, you must send notices to SQOBE relating to payments and Payment Terms by postal mail to: SQOBE, Attention: Legal Department, Sint Jansstraat 65, 1012 HG Amsterdam NH, The Netherlands.
- SQOBE Payment Terms in place at the time transaction is confirmed shall govern that transaction.
- SQOBE may change Payment Terms, in whole or in part, even though the changes may affect accumulated Credits.
- Other Terms. All of the commitments you make in the SQOBE User Agreement apply to Payments through SQOBE. In the event of any conflict between these payment terms and the SQOBE User Agreement, the Payment Terms shall prevail.
- If you are under the age of 21 EU, 18 USA, you may make payments only with the involvement of a Parent or Guardian. Member should review Payment Terms with a Parent or Guardian to make sure both understand them.
- Payment Terms are between you and Filmbook BV. References to “us”, “we”, and “our” mean either SQOBE or Filmbook BV, as appropriate.
- Some countries may restrict or prohibit your ability to make payments through SQOBE. Nothing in these Payment Terms may be read to override or circumvent any such foreign laws.
- You are responsible for the timely payment of all SQOBE Subscription Fees and for providing SQOBE with a valid Payment Method. If SQOBE is unable to successfully charge your Payment Method for SQOBE Professional Subscription Fees due, SQOBE reserves the right to cancel your SQOBE Professional Subscription. If your SQOBE Professional Subscription is cancelled, you shall lose access to any feature of the SQOBE Platform that requires a SQOBE Professional Subscription.
- If you choses to designate a different Payment Method or if there is a change in your Payment Method status, you must change your information in the Account Settings menu on your device or computer; this may temporarily disrupt your access to the SQOBE Platform while SQOBE verifies your new payment information.
- SQOBE may contact you via email or push notification regarding your Account or any SQOBE Platform feature, for reasons including, without limitation that Member SQOBE Subscription will not automatically renew or will be cancelled.
- Professional Member Payment Sources. In order to provide ease of payment, SQOBE allows Professional Members to utilize a number of different Payment Sources, including Credit Cards, Debit Cards, Other Methods. Payment Source Terms and Conditions include the following:
- Upon Payment Source stipulated by you to SQOBE, you confirm permission to use said Payment Source. Member authorizes SQOBE to collect and store said Payment Source along with other Professional Member related transaction information.
- Upon your payment authorization, SQOBE is authorized (a SQOBE designated Payment Processor) to charge/debit the full transaction amount to the Payment Source designated.
- If you chose a Credit or Debit Card as your Payment Source, SQOBE may obtain a pre-approval from the issuer of the Card for the amount of the purchase. SQOBE shall bill Member’s Card at the time of Purchase or shortly thereafter. If Member should cancel a transaction before completion, transaction pre-approval may result in said funds not otherwise made immediately available.
- If you chose a Debit Card as your Payment Source, and payment results in an overdraft or other fee from your bank, you are responsible for said fee.
- You may change desired Payment Method by visiting the SQOBE Platform and clicking on the "Your Account" link. If a payment is not successfully settled due to card expiration, insufficient funds, or otherwise, and Payment Method has not been updated or Account has not been cancelled, SQOBE may suspend your Access to the Service until a valid Payment Method has been provided.
- You authorize SQOBE to continue billing designated Payment Method, and you remain responsible for any uncollected amounts. If uncollected amount should occur, there may result in a change to Member Payment Billing Date.
- For certain Payment Methods, the issuer of your Payment Method may charge a Foreign Transaction Fee or other charges. SQOBE shall not be responsible for any member foreign transaction fees. Check with your Payment Method Service Provider for details.
- Purchasing with Credits. Member may purchase Credits from SQOBE to purchase Virtual Products. Credit Purchasing Terms and Conditions include the following:
- If you purchase or receive Credits, you do not own the Credits. rather, you shall receive a Limited Right to use such Credits in connection with certain features on SQOBE, such as the purchase of a Virtual Product.
- Purchases of Credits are non-refundable.
- You may not sell Credits, nor transfer Credits to anyone outside of SQOBE.
- SQOBE may change the Purchase Price for Credits at any time, as well as the means that Credits may be used or transferred. SQOBE reserves the right to stop issuing Credits.
- Credits are not redeemable for any sum of money nor have monetary value from SQOBE unless we agree otherwise in writing.
- If you should leave a balance of Credits unused for three or more years, SQOBE may redeem said Credits by sending Virtual Gifts to your SQOBE Friends or donating the Credits to a nonprofit organization of our choice (and charge standard redemption fees for transaction).
- If you should deactivate your Account and do not reactivate within 6 months, or if you should delete your Account, you shall lose any accumulated Credits.
- If you receive free or Promotional Credits, SQOBE may expire such Credits at any time.
- Credits gained by Ad-Profile Sharing through the Upgrade Program, (see Upgrade Terms) shall be transferable into cash at the end of the year; Credits may be used to purchase any Services or Gifts from SQOBE.
- SQOBE SAFETY PRECAUTIONS
As part of our effort to maintain SQOBE safety, certain actions shall be implemented to reduce liability for Users and ourselves. Members participation is necessary to commit to all Precautionary Safety Terms, including:
- SQOBE may make any inquiries considered necessary, either directly or through third-parties, concerning Member identity and creditworthiness.
- SQOBE may cancel any transaction if we believe the transaction violates our Payment Terms or User Agreement, or to prevent financial loss.
- SQOBE may place a delay on a payment for a period of time, limit Payment Sources for a transaction, limit Member ability to make a payment or deactivate your Account if we believe this may prevent financial loss.
- SQOBE may contact your Payment Source issuer, law enforcement, or impacted third-parties (including other Users) and share details of payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
- SQOBE may cancel Credits transferred, assigned, or sold in violation of Payment Terms or User Agreement.
- If you should purchase advertising, and selected Payment Method fails or Account is past-due, SQOBE may take steps to collect past-due amounts exercising collection mechanisms. Member agrees to pay all expenses associated and due to such collection, including legal fees. Interest shall accrue on past-due amounts at the rate of the lesser, 1% (one percent) per month or the lawful maximum.
- You shall not send or otherwise post unauthorized commercial communications (such as spam) on SQOBE.
- You shall not collect Users' content or information, or otherwise access SQOBE, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You shall not engage in unlawful multi-level marketing, such as a pyramid scheme, on SQOBE.
- You shall not upload viruses or other malicious code on SQOBE Platform.
- You shall not solicit login information or access an account belonging to any other Member.
- You shall not bully, intimidate, or harass any User.
- You shall not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You are prohibited to use any device, software or routine or similar to interfere or attempt to interfere with SQOBE site functionality.
- You are prohibited to take any action that imposes an unreasonable or disproportionately large load on the platform infrastructure.
- You are prohibited to use any email address appearing on the Platform for purposes not relating specifically to the site.
- You are prohibited to access the Platform by any means other than through the interface provided by SQOBE, or attempt to access any area of the Platform that Member access is not authorized.
- You are prohibited to reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the platform, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You shall not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- You shall follow this User Agreement and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on SQOBE.
- You shall not use SQOBE to do anything unlawful, misleading, malicious, or discriminatory.
- You shall not do anything that could disable, overburden, or impair the proper working of SQOBE, such as a denial of service attack.
- You shall not facilitate or encourage any violations of this User Agreement.
- You may not modify, build upon or block any portion or functionality of the SQOBE Player on Member Platform including but not limited to links back to the Platform.
- You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that access the Service in a manner that sends multiple request messages to SQOBE servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
- You agree not to collect or harvest any personal data of any User of the Platform or any Service (and agree that this shall be deemed to include SQOBE Account names).
- You agree not to access content for any reason other than for personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" refers to a contemporaneous digital transmission of the material by SQOBE via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of SQOBE or the respective licensors of the content.
- SQOBE is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which SQOBE provides may change from time to time without prior notice to Member.
- As part of SQOBE continuing innovation, you acknowledge and agree that SQOBE may halt (permanently or temporarily) providing the Service (or any features within the Service) to Member or to Users generally at SQOBE's sole discretion, without prior notice to Member. Respectfully, you may quit usage of the Platform at any time. Member does not need to specifically inform SQOBE to stop using the Platform.
- Public Safety. SQOBE respects Members rights, and expects Members to do the same.
- You shall not post content or take any action on SQOBE that infringes or violates other’s rights or otherwise violates the law.
- SQOBE may remove any content or information posted on SQOBE if we believe it violates this User Agreement.
- SQOBE shall help you protect your intellectual property rights within the Copyright Terms.
- If SQOBE removes your content for infringement on Copyright Terms, and you deem error in removal, Member has an opportunity to appeal.
- If you repeatedly infringe on other's intellectual property rights, SQOBE shall deactivate Member Account if appropriate.
- You shall not use SQOBE copyrights or trademarks or any confusingly similar marks, without SQOBE written permission.
- You shall not post any identification documents or sensitive financial information on SQOBE.
- You shall not tag Users or send email invitations to non-Users without his/her consent.
- Disputes and Reversals
- If you should believe that an unauthorized or otherwise problematic transaction has taken place on your Account, Member agrees to notify SQOBE immediately so we may take action to prevent financial loss. Member shall notify SQOBE on the Help Desk.
- To the fullest extent permitted by law, you waive all claims against SQOBE related to payments.
- You are responsible for and agree to reimburse SQOBE for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred (including costs and related expenses) caused by or arising out of payments you authorized or accepted.
- If you enter into a transaction with a third-party and have a dispute over the goods or services purchased, SQOBE has no liability for such goods or services. SQOBE involvement with regard to such transaction is limited as a Payment Agent.
- SQOBE may intervene in Disputes between Users concerning payments but has no obligation.
- Remedy for any technical failure or interruption of Service is to request Member transaction be completed at a later time.
- For all Disputes, SQOBE advises you to contact us through the Help Desk.
- You shall resolve any claim, cause of action or dispute ("claim") you have with SQOBE arising out of or relating to this User Agreement or SQOBE exclusively in the National Court located in the District of Amsterdam, The Netherlands. The Laws of The Netherlands govern SQOBE User Agreement, as well as any claim that may arise between Member and SQOBE, without regard to Conflict of Law provisions. You agree to submit to the personal jurisdiction of the Courts located in the District of Amsterdam, The Netherlands for the purpose of litigating all such claims.
- If any individual should bring a claim against SQOBE related to your action, content or information on SQOBE, you shall indemnify and hold SQOBE harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- SQOBE is maintained to be bug-free and safe, however your usage is at your own risk. SQOBE is provided "as is," without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- SQOBE does not guarantee safe or secure movements of third-parties, and is not responsible for the actions, content, information, or data of third parties; Member releases SQOBE, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third-parties.
- Any General Release does not extend to claims that a creditor is not aware or suspect to exist in favor at the time of executing the Release, and if known would materially affect settlement with the debtor.
- SQOBE shall not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with SQOBE User Agreement or SQOBE, inclusive of circumstance when SQOBE has been advised of the possibility of such damages. SQOBE aggregate liability arising out of this User Agreement or SQOBE shall not exceed the greater of one hundred euro (€100) or the lesser amount Member has paid SQOBE in the past twelve months (calendar year). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages; therefore, the above limitation or exclusion may not apply to Member. In such case, SQOBE's liability shall be limited to the fullest extent to not involve any monetary benefit, and is to be remedied through Mediation Resolution.
SQOBE Disclaims All Warranties. This waiver and indemnity provision applies to all violations described in or contemplated by this User Agreement.
- All content, software, and other services provided or found within SQOBE site and/or affiliates to are provided "as is" and "with all faults", without warranties of any kind, and SQOBE and its affiliates hereby disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- SQOBE does not make any warranties regarding availability of the site at any particular time.
- SQOBE does not make any warranties regarding accuracy or currency of any content found on the site.
- SQOBE does not make any warranties regarding transmissions to, from or within the site.
- SQOBE does not make any warranties regarding functionality.
- SQOBE does not make any warranties regarding lack of viruses.
- SQOBE does not make any warranties regarding compliance of the software, services and content provided under this Agreement.
- SQOBE does not make any warranties regarding that the software, content or services contained on the site shall meet any particular criteria of performance or quality.
- In no event will SQOBE or any of its affiliates be liable for any consequential, indirect, incidental, or special damages whatsoever, including without limitation damages for loss of profits, business interruption, loss of or unauthorized access to information, and the like, even in the event of fault, tort, breach of contract, or breach of warranty, nor if SQOBE has been advised of the possibility of such damages.
- In no event shall SQOBE or any of its affiliates be liable to you and/or any agency for any amount in excess of the total EURO amount actually received by SQOBE from you for access to the site and any of the services available at the site during the year prior to your claim.
- You agree to indemnify and hold SQOBE harmless, pay SQOBE legal fees and legal costs if we should become liable for or incur any damages in connection with your breach of this User Agreement. Member may not settle any dispute without our prior consent, which may only be given in a non-electronic transcript signed by an authorized representative of SQOBE.
- You agree that all transactions relating to SQOBE may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at SQOBE or via email to any email address that you provide to us during registration as a SQOBE Member. If you do not wish to deal with SQOBE electronically, you should not use the Platform or enter into this User Agreement. If applicable law now or later requires us to communicate with Members non-electronically, SQOBE reserves the right to charge a fee for doing so. Notice shall be deemed given 24 hours after an email is sent, unless (for email) SQOBE is notified that said email address is invalid. Alternatively, SQOBE may provide you notice by Certified Mail, postage prepaid and return receipt requested, to address provided during Member registration. In such case, notice shall be deemed provided 3 days after date of mailing.
- You agree to print or make an electronic copy of SQOBE User Agreement (and any amendment from time to time) and retain in Member records. You also agree to print or make a copy of any information SQOBE delivers to you.
- This is a database of entertainment related information compiled by Filmbook BV (SQOBE). While every effort has been made to ensure the accuracy of the database SQOBE gives no warranty as to the accuracy of the information contained in the database. SQOBE reserves the right to withdraw or delete information at any time.
- This Service is provided for the information of Users only. It is not provided with the intention that Users rely upon the information for any purposes. SQOBE shall under no circumstances be liable for any loss or damage, including but not limited to loss of profits, goodwill or indirect or consequential loss arising out of any use of or inaccuracies in the information. All warranties express or implied are excluded to the fullest extent permissible by law.
- SQOBE does not guarantee, represent, or warrant that your use of SQOBE Service shall be uninterrupted or error-free, and you agree that from time to time SQOBE may remove the SQOBE Service for indefinite periods of time, or cancel the SQOBE Service at any time, without notice to Member.
- You expressly agree that your use of, or inability to use, SQOBE Service is at your sole risk. The SQOBE Service and all products and services delivered to you through the SQOBE Service are (except as expressly stated by SQOBE) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as some jurisdictions do not allow an exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
- In no case shall SQOBE, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the SQOBE Platform, or for any other claim related in any way to your use of SQOBE Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the SQOBE Platform, even if advised of the possibility, as some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, SQOBE 's liability shall be limited to the extent permitted by law.
- SQOBE shall use reasonable efforts to protect information submitted by you in connection with the SQOBE Platform, and you agree that your submission of such information is at your sole risk; SQOBE hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
- SQOBE does not represent or guarantee that the SQOBE Platform will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and SQOBE disclaims any liability relating thereto. Some products can be downloaded only once; after initial download, product cannot be replaced if lost for any reason. Member shall be responsible for backing up your own system, including any SQOBE products purchased from SQOBE Platform.
- By using the SQOBE Platform, you agree, to the extent permitted by law, to indemnify and hold SQOBE, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the SQOBE service, or any action taken by SQOBE as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; you cannot sue or recover any damages from SQOBE, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of decision to remove or refuse to process any information or content, warning to suspend or terminate Member access to the SQOBE Service, or to take any other action during the investigation of a suspected violation or as a result of SQOBE 's conclusion that a violation of this Agreement has occurred.
SQOBE EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY ASPECT OF THE MEMBER SERVICE OR ANY OTHER ASPECT OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SQOBE DOES NOT WARRANT THAT THE SERVICE WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT THE ACCESSIBILITY OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. DESPITE ANY OTHER PROVISION OF THESE TERMS, SQOBE MAKES NO WARRANTY WITH RESPECT TO BANDWIDTH OR ANY THIRD-PARTY HARDWARE, APPLICATIONS, MEMBER SOFTWARE AND SERVICES. SQOBE DOES NOT WARRANT THAT THE SERVICE IS ERROR FREE OR THAT MEMBER WILL BE ABLE TO OPERATE THE SERVICE WITHOUT INTERRUPTION. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS”. FOR CLARITY, SQOBE PROVIDES NO WARRANTY ON TEST MEMBER SERVICES, BETA TESTING OR EVALUATION OF SERVICES OR THIRD PARTY PRODUCTS AND APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
BY SQOBE. You shall provide reasonable information, cooperation and assistance in defending the Infringement Claim. SQOBE shall have no liability to you for any alleged or actual infringement, or otherwise, arising out of or in connection with your ordering or use of the Service after SQOBE’s notice to you that Member shall cease use or transfer of such Service to avoid further infringement.
Exclusions. SQOBE shall have no liability to you under these Terms for any alleged or actual infringement arising out of (a) use of Service in connection or in combination with (i) Third-Party Products, or (ii) equipment, devices, services not provided by SQOBE; (b) use of Service in a manner for which it was not designed; (c) any modification of Service by anyone other than SQOBE; (d) compliance with Member guidelines or instructions; or (e) where Member or its Users continue allegedly infringing activity after being notified thereof or after being informed of alternatives or modifications that would have avoided the alleged infringement. SQOBE shall not be responsible for any compromise or settlement made by you without SQOBE’s prior written consent.
THIS SECTION PROVIDES MEMBER’S SOLE AND EXCLUSIVE REMEDIES AND SQOBE’S ENTIRE LIABILITY IN THE EVENT OF AN INFRINGEMENT CLAIM. MEMBER HAS NO RIGHT TO RECOVER AND SQOBE HAS NO OBLIGATION TO PROVIDE ANY OTHER OR FURTHER REMEDIES, WHETHER UNDER ANOTHER PROVISION OF THESE TERMS OR ANY OTHER LEGAL THEORY OR PRINCIPLE, IN CONNECTION WITH AN INFRINGEMENT CLAIM. IN NO EVENT SHALL SQOBE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OF MEMBER IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES OR INJURIES UNDER THIS SECTION.
BY MEMBER. To the extent permitted by law, Member will defend SQOBE against any cost, loss, damage, or other liability arising from any third-party demand or claim that any Third-Party Product selected by Member used in connection with the Service infringes an issued patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of SQOBE's actions. SQOBE will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
LIMITATION OF LIABILITY
SUBJECT TO (C) BELOW: (A) SQOBE AND ITS SUPPLIERS EXCLUDE AND DISCLAIM ANY LIABILITY TO MEMBER FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND (ii) LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), LOSS OF INCOME, DATA, REVENUE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR COST OF SUBSTITUTE CLIENT SOFTWARE OR SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT MEMBER OR SQOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE; (B) SQOBE’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO MEMBER IN CONNECTION WITH THESE TERMS OR MEMBER’S ACCESS TO AND USE OF THE SQOBE CLIENT SERVICES WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY MEMBER TO SQOBE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE; (C) NEITHER SQOBE NOR ITS SUPPLIERS EXCLUDE OR LIMIT THEIR LIABILITY IN RESPECT OF BODILY INJURY OR WRONGFUL DEATH ARISING FROM THEIR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR SUCH OTHER MISCONDUCT THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. DESPITE ANY OTHER PROVISION OF THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW SQOBE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY DURING ANY EVALUATION, DEMONSTRATION, PRE-RELEASE OR TESTING PERIOD, OR WITH RESPECT TO BANDWIDTH DELIVERY, OR THIRD PARTY PRODUCTS, THIRD PARTY HARDWARE, OR CLIENT SOFTWARE AND SERVICES NOT PROVIDED BY SQOBE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQOBE, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ANY AND ALL LIABILITY FOR EVENTS OR DAMAGES OF ANY NATURE OR KIND RESULTING FROM MISUSE OF THE SOFTWARE OR SERVICES. NO RESELLER CAN ENLARGE SQOBE’S OBLIGATIONS UNDER THESE TERMS NOR RESTRICT THESE LIMITATIONS OF LIABILITY. IT IS AGREED BETWEEN THE PARTIES THAT THE FOREGOING LIMITATIONS ARE REASONABLE IN LIGHT OF THE COST OF ALTERNATIVES. FOR CLARITY, SQOBE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM USE OF TEST CLIENT SOFTWARE, TESTING OR EVALUATION OF SQOBE SERVICES OR THIRD PARTY PRODUCTS.
- TERM AND TERMINATION
Term. These Terms will commence on the date you first use the Service, and continue until all Service Terms expire, unless either party terminates these Terms or all applicable Orders earlier pursuant to this Section.
- Termination for Cause. Either party may terminate these Terms or Specific Order upon written notice if the other party: (i) materially breaches and fails to correct the breach within thirty days following written notice specifying the breach; or (ii) an Insolvency Event occurs, or (iii) in the event that performance under these Terms is prohibited or impracticable under applicable law. Member acknowledges and agrees that, upon termination, Member’s rights to access the Member Services shall be revoked. Furthermore, SQOBE may suspend a User’s access to the Member Services after notice to Member and, at SQOBE’s discretion, reasonable efforts to notify the User, if SQOBE reasonably determines that the User has breached the Acceptable Use Policy. Member further acknowledges and agrees that, Member’s use of any SQOBE Offering is subject to Member timely payment of SQOBE fees. For the purposes of these Terms, an Insolvency Event shall mean in relation to any person any of the following: (a) a court finds the person bankrupt or insolvent, or approves as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the person under any applicable law, or appoints an administrator, receiver, liquidator, trustee (or similar official) of the person or of any substantial part of its property or other assets, or orders the winding up or liquidation of its affairs or any petition is filed seeking any of the foregoing and is not dismissed within seven (7) days; (b) the person itself institutes proceedings to be adjudicated bankrupt or insolvent, or consents to the institution of bankruptcy or insolvency proceedings against it, or files a petition or answer or consent seeking reorganization or relief under any applicable law, or consents to the filing of any such petition or to the appointment of a receiver, liquidator, trustee (or other similar official) of the person or of any substantial part of its property, or makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due; (c) any distress, execution or other process being levied or enforced (and not being discharged within seven (7) days) on the whole or a material part of the assets of that person; (d) that person ceasing to carry on business or being deemed to be unable to pay its debts; or (e) the happening in relation to that person of an event analogous to any of the above in any jurisdiction in which it is incorporated or resident or in which it carries on business or has assets.
- Effect of Termination. Upon termination of these Terms (i) You shall cease all use of and access to the Member Services; and (ii) each Party shall make no further use of the other party’s confidential information and any materials belonging to the other party. The rights and obligations of the parties, which by their nature survive termination, including but not limited to including, confidentiality, limitation of liability, and governing law, will survive any expiration or termination of these Terms. The User Terms shall continue to apply until terminated by either you or SQOBE as set out below.
- If you violate the letter or spirit of this User Agreement, or otherwise creates risk or possible legal exposure for SQOBE, all or part of your SQOBE Service shall be halted. SQOBE shall notify you by email or at the subsequent instance you attempt to access your Account. You may also deactivate your account or disable your application at any time.
- In all cases arising from SQOBE Termination, SQOBE User Agreement shall not halt for actions prior to the deactivation of User Agreement and Membership with SQOBE.
- SQOBE may deactivate Membership and access, or suspend access to all or part of SQOBE, without notice, for any conduct SQOBE, in its sole discretion, believes is in violation of this User Agreement, any applicable law, or is harmful to the interests of another User, service provider, or SQOBE. SQOBE may also elect not to renew Membership and access by providing a Notice of Nonrenewal prior to the end of current Membership Term.
- If you fail, or SQOBE suspects that you have failed, to comply with any of the provisions of SQOBE Agreement, SQOBE, at its sole discretion, without notice to you may: (i) deactivate this Agreement and/or Member Account, and you shall remain liable for all amounts due under Member Account up to and including the date of deactivation; and/or (ii) deactivate the license to the software; and/or (iii) preclude access to the SQOBE Platform (or any part thereof).
- SQOBE reserves the right to modify, suspend, or discontinue the SQOBE Platform (or any part or content thereof) at any time with or without notice to you, and SQOBE shall not be liable to you or to any third-party should it exercise such rights.
- If you chose to terminate your legal agreement with SQOBE, you may do so by (a) notifying SQOBE at any time and (b) closing SQOBE Member Account. A notice should be sent, in writing, to SQOBE's address, which is listed in the SQOBE Help Center and/or the end of Terms & Conditions Agreement.
- SQOBE 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 SQOBE Terms).
- SQOBE may at any time terminate its legal agreement with you if SQOBE is required to do so by law (for example, where the provision of the Platform to Member is, or becomes unlawful).
- SQOBE may at any time terminate its legal agreement with you if SQOBE is transitioning to no longer provide the Service to Users in the country in which you are resident or from the location you use the Service.
- SQOBE may at any time terminate its legal agreement with you if the provision of the Platform by SQOBE is, in SQOBE's opinion, no longer commercially viable; and in either case, SQOBE shall, where possible, give reasonable notice of such termination.
- When SQOBE Terms come to an end, all of the legal rights, obligations and liabilities that Member and SQOBE have benefited, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph VII shall continue to apply to such rights, obligations and liabilities indefinitely.
- In the case SQOBE or you terminate the Agreement, SQOBE shall be allowed to keep the Account with its content and platform, and use for educational or scientific purposes; and is allowed to charge payments for said usage in the extent that it covers costs of storing and transmitting such materials.
- SQOBE PROPRIETARY RIGHTS
As between SQOBE and you, SQOBE or its licensors own and reserve all right, title and interest in and to the Service, SQOBE Platform Software, and other items used to provide the Service. Your rights to use the Service and SQOBE Platform Software are limited by the rights explicitly granted herein. No title to or ownership of any proprietary rights related to the Service or SQOBE Software is transferred to you pursuant to these Terms. All rights not explicitly granted to Member are reserved by SQOBE. In the event that you provide comments, suggestions and recommendations to SQOBE with respect to the Service or SQOBE Software (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service or SQOBE Platform Software) (collectively, "Feedback"), you hereby grant to SQOBE a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service or SQOBE Platform Software. All contents of SQOBE’s website and the Services including but not limited to design, text, SQOBE Platform Software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2016 Filmbook BV and/or the proprietary property of its suppliers, affiliates, or licensors. SQOBE and the SQOBE logo are, trademarks and/or service marks of Filmbook BV, and may not be copied, imitated, or used, in whole or in part, without SQOBE's prior written permission or that of our suppliers or licensors. Other product and company names may be trademarks or service marks of their respective owners. SQOBE may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the subject matter that is part of the Service.
- Platform Regulations. The SQOBE Platform Software and technical data/documentation, may be subject to Dutch control laws, and may be further subject to regulations in other countries. Member agrees to comply with all such regulations. The SQOBE Platform Software and documentation may not be downloaded or distributed (i) into, or to a national or resident of, any country to which the Netherlands at any time has embargoed goods or trade restrictions; or (ii) to anyone on the Dutch Treasury Department's list of Specially Designated Nationals or the Dutch Commerce Department's Denied Persons, Denied Entities, and Unverified List. The SQOBE Platform Software and related documentation are “Commercial Items”, as that term is defined as “Commercial Computer Software” and “Commercial Computer Software Documentation”.
As applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of The Netherlands.
- General Terms Severability; Entire Agreement. If any of the provisions of these Terms are held to be in violation of applicable law, void, or unenforceable in any court of competent and appropriate jurisdiction, then such provisions are herewith waived to the extent necessary for these Terms to be otherwise enforceable in such jurisdiction. These Terms are the complete agreement of SQOBE and Member with respect to the Service and SQOBE Platform Software and its provisions may only be waived or modified in writing signed by a representative of each party with authority to bind.
Assignment and transfer. Each party may assign these Terms to a successor in interest with prior written notice, in the event of a merger, acquisition or sale of substantially all assets, but neither may otherwise assign these Terms, in whole or in part, without the other’s written consent, which will not be unreasonably withheld, and any attempted assignment in breach of this provision will be void. SQOBE may have some or all of its obligations performed by its chosen suppliers’ subcontractors for whose performance SQOBE will remain responsible, without notice to Member.
Contracting Party; Governing Law; Location for Resolving Disputes. Customer is contracting with Filmbook BV, with an address at THE NETHERLANDS. The laws of THE NETHERLANDS govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Member hereby consents to the personal jurisdiction and venue of the courts for the THE NETHERLANDS, for all disputes arising out of or relating to these Terms.
Notices. SQOBE may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. SQOBE may provide required information to you by email at the address you specified when Member signed up for the Service or by access to a website that Member identifies. Notices emailed to you will be deemed given and received when the email is sent. Member may provide legal notices to SQOBE via email to SQOBE Legal Department, with a duplicate copy sent via registered mail, return receipt requested, to the following address: SQOBE, Attn: Legal Department, THE NETHERLANDS.
Changes to The Service and Terms. SQOBE reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service. SQOBE also reserves the right to revise these Terms from time to time, and will date and post the most current version of these Terms on the SQOBE website. Any changes will be effective upon the revision date or later effective date indicated on the revised Terms. SQOBE may notify you via the Service, portal, website or by email of material changes to the email address associated with your account. We encourage you to regularly check the website for service, product, and terms updates whenever you visit our website.
Independent Contractors; No third-party beneficiaries. SQOBE and Member are independent contractors, and are not legal partners or agents. There are no intended third party beneficiaries to these Terms.
Claims. Claims must be filed within one year. Member must bring any claim related to these Terms or the Service within one year of the date Member could first bring the claim, unless local law requires a longer time to file claims.
Waiver. The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
- SQOBE reserves the right to make changes in the User Agreement Terms and or Conditions from time to time; to address legal or regulatory changes to functionality offered through the Service. Therefore, you must review the Terms regularly to check for changes. SQOBE can change User Agreement at any time, although SQOBE is obliged to provide you notice by posting the change in an announcement on Member Dashboard and/or to Member email address provided in Member Account Settings (Edit Profile Setting). If you do not agree to the Modified Terms, you must stop using the Service. Member continued use of the Service after date in which the Modified Terms are posted constitutes acceptance of the Modified Terms.
- If you do not agree with changes and or new Terms, SQOBE advises Member to deactivate his/her Account within the Edit Profile Setting.
- In case you do not deactivate Member Account and continue using the SQOBE Application(s), you have accepted the changed and or new Terms.
- SQOBE may create changes for legal or administrative reasons, or to correct an inaccurate User Agreement Term, upon notice without notifying you by announcement or email.
- SQOBE shall notify changes through announcement ads on the right side of Member Dashboard, appearing as Member enters the Dashboard Page.
- If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. SKOBE failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Member agrees that no joint venture, partnership, employment or agency relationship exists between you and SQOBE or its affiliates as a result of this User Agreement or your use of the site.
- SQOBE reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the SQOBE Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the SQOBE Platform will be deemed acceptance thereof.
- THIRD-PARTY COMMUNICATION SERVICE
The SQOBE platform is a worldwide service and may be reached worldwide by every citizen of our globe. You must be mindful of potential costs due to access with a Third-Party Communication Company. This means you must be aware of possibility that Third-Party Communication Company may charge additional fees for services and their administration may interfere with your relation with SQOBE.
- You must be aware that carrier's normal rates and fees shall still apply and charge additionally for using SQOBE Service.
- In the event you change or deactivates your mobile telephone number, you must update your Account information on SQOBE within 48 hours to ensure that messages are not sent to individual who acquires your old number.
- In the event you change or deactivate your email address, you must update your Account information on SQOBE within 48 hours to ensure that messages are not sent to individual who acquires your old email address.
- You provide all rights necessary to enable Users to sync (including through an application) your contact lists with any basic information and contact information that is visible on SQOBE, as well as your name and profile picture.
- Use of the SQOBE Platform requires compatible devices, Internet access, and specific software (fees may apply); said technology may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the SQOBE Platform and may be required for certain transactions or features and to download or for the streaming SQOBE films previously purchased or acquired from the SQOBE Platform. Member agrees that meeting said requirements, that may change from time to time, is your responsibility. The SQOBE Platform is not part of any other product or offering, and no purchase or other product shall be construed to represent or guarantee your access to the SQOBE Platform.
- You agree that the SQOBE Platform includes security technology that limits use of SQOBE Platform and that, whether or not the films on the SQOBE Platform are limited by security technology, you shall use the SQOBE Platform in compliance with the applicable Usage Rules established by SQOBE Terms & Conditions and that any other use of the SQOBE Platform may constitute a copyright infringement. Security technology is an inseparable part of the SQOBE Platform. SQOBE reserves the right to modify the Terms & Conditions at any time.
- You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to SQOBE Usage Terms for any reason—or to attempt or assist another person to do so. SQOBE Usage Terms may be controlled and monitored by SQOBE for compliance purposes, and SQOBE reserves the right to enforce the Usage Terms without notice to Member.
- You agree not to access the SQOBE Platform by any means other than through software that is provided by SQOBE for accessing the SQOBE Platform. Member shall not access or attempt to access an Account he/she is not authorized to access.
- You agree not to modify SQOBE software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the SQOBE Platform. Violations of system or network security may result in civil or criminal liability.
- You acknowledge that, because some aspects of the SQOBE Platform, and administration of the Terms & Conditions entail the ongoing involvement of SQOBE, if SQOBE changes any part of or discontinues the SQOBE Platform, which SQOBE may do at its election, you may not use SQOBE Platform to the same extent as prior due to such change or discontinuation, and that SQOBE shall have no liability to you in such case.
- Disclaimer of Third-Party Sites. SQOBE does not endorse the content on any third-party platform ("Third-Party Sites"). The following Third-Party Site Terms apply:
- SQOBE is not responsible for the content of Third-Party Sites that you may reach through links on the site, sites framed within the Platform, or third-party advertisements on the Platform, and SQOBE does not make any representations regarding said content or accuracy. Member use of Third-Party Sites is at his/her own risk and subject to the terms and conditions of use for such sites. Any transaction that Member conducts at a Third-Party Site shall be between Member and the party providing that platform. Accordingly, SQOBE is not a Member Agent and is not a party to any transaction at a Third-Party Site.
- You agree you are solely responsible for (and that SQOBE has no responsibility to you or to any third-party) any breach of obligations under the Terms and for the consequences (including any loss or damage which SQOBE may suffer) of any such breach.
- Miscellaneous. To find more information about our service and its features or if you need assistance with your account, please visit the SQOBE Help Center on our Platform.
- SQOBE does not accept unsolicited materials or ideas for movies or Television Shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SQOBE.
- If any provision or provisions of these Terms & Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- This Agreement constitutes the entire agreement between you and SQOBE and governs Member use of the SQOBE Platform, superseding any prior agreements between you and SQOBE. You also may be subject to additional Terms & Conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SQOBE's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SQOBE shall not be responsible for failures to fulfill any obligations due to causes beyond its control.
- The SQOBE Platform is operated by SQOBE from its Offices in The Netherlands. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Member use of the SQOBE Platform. All transactions on the SQOBE Platform are governed by Dutch Law, without giving effect to its conflict of law provisions. Your use of the SQOBE Platform may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SQOBE or relating in any way to your use of the SQOBE Platform resides in the Courts in The Netherlands. Risk of loss and title for all electronically delivered transactions pass to the purchaser in the Netherlands upon electronic transmission to the recipient. No SQOBE employee or agent has the authority to vary this agreement.
- SQOBE reserves the right to take steps SQOBE believes are reasonably necessary or appropriate to enforce and or verify compliance with any part of this Agreement. You agree that SQOBE has the right, without liability to Member, to disclose any Registration Data and/or account information to law enforcement authorities, government officials, and/or a Third-Party, as SQOBE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SQOBE's right to cooperate with any legal process relating to your use of the SQOBE Platform and/or SQOBE Products and/or third-party claim regarding your use of the SQOBE Platform and/or SQOBE Products unlawful and/or infringement of such third-party rights).
- SQOBE is the provider of the SQOBE Platform that permits you to license software products and digital content for end user use, specifically under the Terms & Conditions set forth in this Agreement. For films (as defined below), end-users may be individuals acting in their own capacities, commercial enterprises or educational institutions.
- You shall periodically check with the SQOBE Platform for updates to Apps on your device or computer and, if available, updates may automatically download and install. You agree that SQOBE, through the SQOBE Platform, may automatically download and install updates and content onto your device(s) or computer. Member may turn off automatic updates altogether at any time by changing the automatic updates settings on his/her device or computer. To prevent a download of on-demand content from the SQOBE Platform, you must deactivate the SQOBE Platform applications from your device.
- Definitions. Additional definition descriptions may be found on the “definition page” of SQOBE, that Member may find in the directory.
- "SQOBE" refers to the features, services and Platform we make available, including through Platform at www.SQOBE.com and any other SQOBE branded or co-branded platforms (including sub-domains, international versions, widgets, mobile versions), other media, software, devices, or networks now existing or later developed.
- "Information" refers to facts and other information about Member, including actions he/she takes.
- "Content" refers to anything Member posts or uploads on SQOBE that would not be included in the definition of "information".
- “Content” also refers to “films”, ‘Feature films”, “short films”, “documentaries”, and fictional “TV series”.
- "Data" refers to content and information that third-parties may retrieve from SQOBE or provide to SQOBE through its Members.
- "Post" refers to placement on SQOBE or otherwise make available to us (such as by using an application).
- "Use" refers to usage, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- "Active Registered User" refers to a user who has logged into SQOBE at least once in the previous 30 days.
- "Application" refers to any function or platform that uses SQOBE, as well as anything else that receives or has received data from SQOBE. If Member no longer accesses SQOBE and has not deleted all data from SQOBE, the term “application” shall apply until Member deletes said data.
- This User Agreement is an Agreement between you, Member, and Filmbook BV. References to “us”, “we”, and “our” refer to Filmbook BV, as appropriate.
- This User Agreement is compiled of the entire Agreement between the parties regarding SQOBE, and supersedes any prior Agreements.
- If any portion of this User Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If SQOBE fails to enforce any part of this User Agreement, it shall not be considered a waiver.
- Any amendment to or waiver of this User Agreement must be made in writing and signed by SQOBE.
- Member shall not transfer any of his/her rights or obligations under this User Agreement to anyone without the permission of SQOBE.
- All of the rights and obligations of SQOBE under this User Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this User Agreement shall prevent us from complying with the law.
- This User Agreement does not confer any third-party beneficiary rights.
- You shall comply with all applicable laws when using or accessing SQOBE.
- If the legal and fiscal entity, which owns SQOBE, may be transferred to another fiscal entity, this User Agreement shall remain in force for Member and new entity.
- If the current owner of the SQOBE Platform sells or transmits the ownership of the Platform to another entity, the other entity is obliged to conform to this User Agreement; and this User Agreement shall remain in force for Member and new entity.
- SQOBE shall be responsible for providing any maintenance and support services with respect to SQOBE Products only, as specified in this Terms and Conditions, as the case may be, or as required under applicable law. SQOBE Third-Party film providers are exclusively responsible for providing Maintenance and Support Services with respect to the films he/she releases, as specified in this Terms and Conditions, as the case may be, or as required under applicable law.
- ADVERTISEMENT PURCHASES
The SQOBE goal is to deliver Ads that are valuable for Advertisers and to our Users. Advertisers agree to all Advertising Terms & Conditions.
At SQOBE, we believe that every part of our site, including ads, shall contribute to and be consistent with an overall User experience. SQOBE is committed to protecting your experience by keeping the site clean, consistent, and free from misleading advertising. SQOBE offers assistance to transform existing advertising into messages that are tailored to the individual User based on how business contacts interact and affiliate with brands, artists, and businesses.
Advertising for Films Only
According the advertising philosophy mentioned above, SQOBE believes it can only contribute to User experience regarding advertisements concerning films shown on SQOBE. For this reason, it is only possible to advertise films on the Platform and no other Product or Service. SQOBE is entitled to change this Policy and allow other Products and Services to advertise in the future. If SQOBE should change Advertisement Guidelines, the Guidelines are applicable for all Users.
- SQOBE Advertising Purchase.
- In all SQOBE Advertisement Purchases, you agree to pay all amounts specified in the Advertising Purchase Order, along with any applicable Taxes.
- You are responsible for maintaining the security of your Advertising Account, and understand you shall be charged for any Orders placed on or through Advertising Account.
- You may cancel an Advertising Order at any time through SQOBE Online Portal; said Ad may run for several days after termination notification, and you remain responsible for remaining fees.
- Without limit to SQOBE Payment and Purchase Terms, Member’s Advertisement Purchase Order constitutes a written authorization for SQOBE to obtain your personal and/or business Credit Report from a Credit Bureau. SQOBE may obtain Member’s Credit Report at time of Order, or at any time thereafter.
- It is your responsibility to remit any Taxes that apply to your advertising transactions. You agree to indemnify and hold SQOBE harmless from and against any claim arising out of your failure to do so.
- SQOBE Advertisement Placement Process.
- Advertisers must create a SQOBE Member Account before advertising.
- Advertisers may not automate the creation of Accounts.
- Advertisers must submit all relevant information within Edit Profile Setting accurately.
- If Advertiser places an ad for a Third-Party or entity he/she works for, he/she is required to send legal documentation to SQOBE that proves the authority of individual placing the advertisement; this may be completed digitally by sending scanned legal documents to SQOBE Help Desk.
- General Advertisement Terms.
- At time of Order, Advertiser choses type of advertising purchase type and cost. If SQOBE accepts Advertising Order, Ads shall be placed as inventory becomes available. When providing ad, SQOBE does our best to deliver ads to the audience specified, although there is not a guarantee in every instance that your ad will reach intended target.
- SQOBE shall guarantee the placement of all ads, connected to User Account and or Profile Account number of Profile and or Account.
- SQOBE may broaden the targeting criteria Advertiser specifies in instances we believe doing so shall enhance the effectiveness of advertising campaign.
- Advertiser shall pay for his/her Orders in accordance with SQOBE Payment and Purchase Terms. The Order Amount shall be calculated based on SQOBE tracking mechanisms.
- Advertisements shall comply with SQOBE Advertising Guidelines.
- SQOBE shall determine the size, placement, and positioning of ads.
- SQOBE does not guarantee activity that ads shall receive, such as number of clicks.
- SQOBE cannot control how Members interact with ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- Advertiser can cancel his/her Order at any time through SQOBE Online Portal; this may take up to 24 hours before ad stops running. Advertiser is responsible for paying for all ads.
- SQOBE license to run ad ends when Order has been completed. If User has interacted with an Ad, this Ad may remain until User delete said Ad.
- SQOBE may use Ads and related content and information for marketing or promotional purposes.
- Advertiser shall not issue any press release or make Public User Agreements about your relationship with SQOBE without written permission.
- SQOBE may reject or remove any Ad for any reason.
- If Advertiser places an Ad on someone else's behalf, SQOBE must first verify permission to place said Ad, including: said individual warrants he/she has legal authority to bind Advertiser being represented to SQOBE User Agreement, and representative agrees if the Advertiser should violate SQOBE User Agreement, SQOBE may hold said Advertiser Representative responsible for any violation.
- Landing Pages / Destination URLs Terms.
- Ads that contain a URL or domain in the body must link to that same URL or domain.
- Ads must send Users to the same Landing Page when the ad is clicked.
- Landing Page may not generate a pop-up (including "pop-overs" and "pop-unders") when a User enters or leaves the Page.
- Landing Page may not use "fake" close behavior (i.e. when User clicks the 'close' icon on the page, the page must close and no other behavior should result).
- Landing Page may not utilize "mouse trapping" whereby the Advertiser does not allow Users browser "back button" and traps User on site and/or present any other unexpected behavior (for example: navigation to another Ad or Page).
- Ads may not require viewers to submit Personal Identifiable Information (such as name, date of birth, phone numbers, Social Security Number, physical addresses, or email address) on the Landing Page or in the Ad, except to enable an e-commerce transaction, and Landing Page clearly indicates that a Product is being sold.
- Advertisements Containing SQOBE References. The following conditions apply to all Ads that have a SQOBE Page, application, event, group, or Connect Site as its destination, except as otherwise specifically permitted to those subject to the Branding and Promotion Policy section of the Platform Policies:
- Ads may make limited references to "SQOBE" in its title, body, or image for the purposes of clarifying the destination of the ad.
- Ads may not imply any endorsement by SQOBE of the product, service, or Ad destination;
- All other ads, destination ads, and landing pages are restricted to mention or refer to SQOBE, its site or its brand in any manner, including in Title, Body, Image, or Destination URLs; Ad may not use SQOBE logos, trademarks, or site terminology; SQOBE site features may not be emulated.
- Ad Copy and Prohibited Image Content.
- Ads must directly relate to the content on the landing page.
- Ads must clearly represent the company, product, or brand being Advertised. Products or Services promoted in the Ad must be directly available on the Landing Page.
- Ads must not include unsubstantiated claims, including but not limited to price, discounts or product availability.
- Ads may not insult, harass, or threaten a User.
- Ads must not contain audio that plays automatically, without a User's interaction. Any automated animation must cease after 15 seconds and must not replay.
- Ads must not be false, misleading, fraudulent, or deceptive.
- Ads are not permitted in cases where a business model or practice is deemed unacceptable or contrary to SQOBE's overall advertising philosophy.
- Ads, or categories of ads, which receive a significant amount of negative User feedback, or are otherwise deemed in violation of community standards shall not be permitted.
- Ads may not contain, facilitate, promote, or reference the following:
- Offensive, profane, vulgar, obscene or inappropriate language,
- Obscene, defamatory, libelous, slanderous and/or unlawful content;
- Tobacco products;
- Ammunition, firearms, paintball guns, BB guns, or weapons of any kind;
- Gambling, including without limitation, any online casino, sports books, bingo, or poker without authorization from SQOBE;
- Scams, illegal activity, or chain letters;
- Contests and sweepstakes unless given permission by SQOBE to do so; if permission is given, Advertiser is subject to SQOBE's Promotions Guidelines;
- viii.‘Get rich quick’ and other money-making opportunities that offer compensation for little or no investment, including ‘work-from-home’ opportunities positioned as alternatives to part-time or full-time employment or promise of monetary gain with ‘no strings attached’;
- Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual, or provocative images in violation of community standards;
- Adult friend finders or dating sites with a sexual emphasis;
- Adult toys, videos, or other adult products;
- Uncertified pharmaceutical products;
- xiii.Spy-cams or surveillance equipment;
- xiv.Web-based non-accredited College that offers Degrees;
- Inflammatory religious content;
- xvi.Political religious agenda and/or any known associations with hate, criminal and/or terrorist activities;
- xvii.Content that exploits political agendas or uses "hot-button" issues for commercial use regardless of whether or not Advertiser has a political agenda;
- xviii.Hate speech, whether directed at an individual or a group, and whether based upon race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
- xix.Content that advocates against any organization, person, or group of people, with the exception of candidates entering/exiting public office;
- Content that depicts a health condition in a derogatory or inflammatory way or misrepresents a health condition in any way.
- Advertisement Data Privacy Regulations.
- Advertiser may not provide data received from SQOBE to any third-party, including Ad Networks.
- Unless SQOBE authorized, Ads may not display User Data -- such as User Name or Profile Photo -- whether such Data is obtained from SQOBE or otherwise.
- Advertiser may not use User Data received from SQOBE or gathered through running an Ad, including information derived from target criteria, for any purpose, without User consent.
- Target Advertisements.
- Any targeting of Ads based on a User Attribute, such as age, gender, location, or interest, must be directly relevant to the offer, and may not be through a method inconsistent with Privacy and Data Policies.
- Ads with adult themes, including contraception, sex education, and health conditions must be targeted to individuals at least 18 years of age. Platform Ads must target via Demographic Restrictions, not through attaining User Data.
- Ads for dating sites, services, or related content must follow these targeting criteria:
- Relationship Status Target Parameter must be utilized and set to Single;
- Sex Status Target Parameter must be utilized and a single value of Male or Female must be selected;
- Age Status Target Parameter must be utilized and the Age Range selected must start at least at 18 years of age;
- Interested In Status Target Parameter must be utilized and a single value of either Men or Women must be selected.
SQOBE Prices, Discounts, Free Offer and Membership Offer in Advertisement. Ad may not be deceptive or fraudulent about any offer made. If Ad includes a price, discount, or 'free' offer: the destination URL for Ad must link to a page that clearly and accurately offers the exact offer Ad has displayed; Ad must clearly state the action or set of actions required to qualify for the offer.
Membership Service Offer in Advertisement. The advertisement of Membership Services must comply with the conditions noted below and as determined by SQOBE’s sole discretion.
- ‘Membership Services’ may include sites that promote downloading ringtones, games, or other entertainment services or any site that induces a User to sign-up for recurring billing of a Product or Service.
- The Ad must clearly state what action or set of actions is required to qualify for the offer. If User must subscribe to a service, the service and offer requirements must both be stated in the Ad.
- The recurring membership must be consistent with what is promoted in the Ad copy.
- At a minimum, the promoted platform must clearly and accurately display price and billing interval (such as per week or once per month) on the Landing Page as well as any page that prompts a User for Personal Identifiable Information (such as name, date of birth, phone number, Social Security Number, physical addresses, or email address) or billing information (including, but not limited to, mobile phone number or Credit Card number).
- If User signs up for the service by transmitting a code by text message, price and billing interval must be clearly and prominently displayed beside the code.
- If the service is a membership, the Platform must provide a prominent opt-in checkbox or other clear mechanism indicating that User knowingly accepts the price and membership service. This must appear on the first page where User enters personal data, and User may not proceed without opting-in.
- All foregoing items above must appear in a prominent place on Advertiser Webpage, and shall be the sole discretion of SQOBE that said information is easy to find, read, and understand.
Advertisements for Alcoholic Beverages. SQOBE liability requires prevention should advertisements contains certain messages. As film has the freedom to propagate everything, and SQOBE is not held responsible for film subject matter, films are allowed on the Platform. For example, ‘Leaving Las Vegas’ is about alcohol abuse…
- To the extent permitted by law and SQOBE Advertisement Guidelines, Ads may be targeted to the following location age groups: minimum 25 years of age in India and Sweden; minimum 21 years of age in Cameroon, Micronesia, Palau, Solomon Islands, Sri Lanka and the US; minimum 20 years of age in Japan, Iceland, and Paraguay; minimum 19 years of age in Canada, Korea, and Nicaragua; or minimum 18 years of age in any other country.
- Advertiser may not target alcohol Ads to any Users (irrespective of age) in Afghanistan, Brunei, Bangladesh, Egypt, The Gambia, Kuwait, Libya, Norway, Pakistan, Saudi Arabia, United Arab Emirates, Yemen or any other market where such Ads are prohibited.
- Advertiser must ensure his/her Ads:
- If age and country targeted (where a User's age or country may not be determined, the Ad may not be displayed to the User in question);
- Comply with all applicable local laws and required or recommended industry codes, guidelines, licenses and approvals including, without limitations, those applicable to the advertising of alcohol tasting, giveaways of alcohol, or other giveaways as a reward for the purchase of alcohol;
- Include all applicable required or recommended disclaimers, notices, and warnings; and
- List Advertiser permanent address if required by local law.
- If local laws prohibit the placement of such Ad, SQOBE is obliged to delete the Advertisement.
- In case (above), whereas the local law prohibits the ad, Advertiser shall be held responsible for any legal actions by the local law against SQOBE, Advertiser releases SQOBE from any damages, claims and liability. If SQOBE must incur legal costs to defend itself against the state law or incurs other costs caused by the damage of the Advertisement, Advertiser is obliged to pay all costs incurred by SQOBE for said case.
- Advertiser Ensures Any Advertisements Made for Alcohol Consumption May Never:
- Include content (including but not limited to celebrities, characters, imagery, or the depiction of situations) that is intended to appeal to anyone younger than the permissible targeted age group or is otherwise associated with youth culture (this could include, by way of example only, imply that the consumption of alcoholic beverages is fashionable or the accepted course of behavior for those who are underage);
- Portray or be targeted at pregnant or nursing women;
- Include any person in Ad who is or appears to be under the age of 25 or is otherwise suggestive of the presence of anyone younger than the permissible targeted age group;
- Be untruthful or misleading about alcoholic beverages, their use, effect or properties;
- Portray people consuming or encourage people to consume alcohol rapidly, in excess, or irresponsibly;
- Portray abstinence from alcohol consumption or moderate alcohol consumption negatively;
- Portray or promote intoxication or make references to the intoxicating effects of alcohol;
- Portray the strength of the alcoholic beverage being Advertised as positive property;
- Portray the consumption of alcoholic beverages as causing or contributing to the achievement of personal, business, social, sporting, sexual or other success;
- Portray alcoholic drinks as being healthy, offering medical or therapeutic benefits, aiding relaxation, alleviating individual or collective problems, or having other benefits;
- xvii.Associate the operation of any vehicle or engagement in any sport or potentially hazardous activity as having taken place during or after the consumption of alcohol;
- xviii.Associate violent, dangerous or antisocial behavior with the consumption of alcohol;
- Advertise any beverage with more than 22% alcohol by volume if targeted to Users in Finland; or
- Advertise any alcoholic beverage other than beer if targeted to Users in Poland.
- It is recommended that all alcohol Ads contain text that promote drinking responsibly (for example "Drink Responsibly", "Drink Smart" or other similar text customarily used in the targeted market).
Advertiser Copyrights and Trademarks
Ads may not include any content that infringes upon the rights of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary right. Advertiser must have intellectual property rights to the creative copy and artwork, and be permitted to display such creative as advertising on the SQOBE site.
Ads may not contain, facilitate or promote 'spam' or other Advertising or marketing content that violates applicable laws, regulations or industry standards.
Ads may not offer incentives to viewers for clicking on the Ad, for submitting Personal Identifiable Information (such as name, date of birth, phone number, Social Security Number, physical addresses, or email addresses), or for performing any other tasks.
- Ads must not contain or link directly or indirectly to a site that contains spyware/malware downloads, whether initiated automatically or manually by User, or other auto-initiated downloads.
- Ads may not contain or link to a site that facilitates or promotes:
- Collection of demographic and usage information from a User's computer without the User's express consent;
- Collection or request of SQOBE Usernames or passwords from any User;
- Proxy SQOBE Usernames or passwords for the purpose of automating logins to the SQOBE site;
- Any software that results in an unexpected User experience, including but not limited to software which (i) "sneaks" onto a User's system and performs activities hidden to the User, (ii) may alter, harm, disable or replace any hardware or software installed on User's computer without express permission from the User, (iii) is bundled as a hidden component of other software whether free or for fee, (iv) automatically downloads without SQOBE's express prior approval, (v) presents any download dialog boxes without a User's express action, or (vi) may violate or infringe upon the intellectual property rights of any third-party, including copyright, trademark, patent or any other proprietary right.
Advertisement Copy Grammar, Sentence Structure, Spelling, and Spacing
- Ad text must be grammatically correct and contain proper sentence structure.
- Ad text must be in complete sentences.
- Ads cannot include excessive repetition (such as "buy, buy, buy").
- Ads must use correct spelling.
- Ad text must include grammatically correct spacing.
Advertisement Copy Capitalization
- Ads must use proper, grammatically correct capitalization (such as capitalizing the first letter of all proper nouns and capitalizing the title of Ad).
- Ads may not include excessive capitalization (such as "FREE") or incorrect capitalization (such as capitalizing the first letter of every word in a sentence).
- Acronyms may be capitalized.
Advertisement Copy Punctuation
- Ads must include logical, correct punctuation.
- Ads may not contain repeated and unnecessary punctuation (such as "Buy now!!!").
- All complete sentences (inclusive if Ad title is a complete sentence) must end with a single punctuation mark. Sentences may not end with ellipses, dashes, etc.
- Exclamation points cannot be used in the title of any Ad.
- Ads usage of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
- Ads may not contain repeated and unnecessary symbols.
- Symbols cannot be used for the following:
- To substitute for letters (e.g. "$ave" instead of "save");
- To substitute for entire words (e.g. "&" instead of "and" or "$" instead of "cash/dollars/money");
- As unnecessary abbreviations to shorten character count (e.g. "w/" instead of "with" or "@" instead of "at").
- Symbols may be used for the following:
- If the symbol is part of the product or brand name;
- If the $ symbol is paired with a dollar amount (e.g. "Save $100 today");
- If the € symbol is paired with a euro amount (e.g. "Save €100 today"), and if any other valid currency symbol worldwide is paired with its amount;
- If the # symbol is used for comparative phrases (e.g. "Voted the #1 site by NY Times").
Refusal of Ads. SQOBE may refuse Ads at any time for any reason, including our determination that they promote competing products or services or negatively affect our business or relationship with our Users.
- SQOBE AUDIENCE, MEMBERSHIP
SQOBE audience basic Membership is free; the audience or Member shall only be charged when he/she watches a film at the SQOBE platform.
a. Pay-Per-View Feature Films, Short Films, Documentaries, Television Series.
- Member is authorized to use SQOBE Products only for personal, noncommercial use.
- Member must be 13 years of age, or the legal age in your province, territory or country, to become a member of the SQOBE Service. Minors may only use the Service under the supervision of an adult.
- SQOBE Service and any content viewed through the Service are for Member personal and non-commercial use only. SQOBE Membership grants Member a limited, non-exclusive, non-transferable, license to access the SQOBE Service and view films and TV Series on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to Member. Member agrees not to use the Service for public performances.
- SQOBE continually updates the Service, including the Content Library. In addition, SQOBE continually tests various aspects of the Service, including Platform, user interfaces, promotional features and availability of films and TV Series. Member may at any time opt-out of these tests by visiting the "Your Account" page and changing the "Test participation" settings.
- Member agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SQOBE Service; use any robot, spider, scraper or other automated means to access the SQOBE Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SQOBE Service; insert any code or product or manipulate the content of the SQOBE Service in any way; or, use any data mining, data gathering or extraction method.
- The quality of the display of streaming films and TV Series may vary from computer to computer, device to device, and may be affected by a variety of factors, such as location, bandwidth available through and/or speed of your Internet connection.
- Member is responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to set-up watching a film or TV Series varies based on a number of factors, including location, available bandwidth at the time, the film or TV Series Member has selected and the configuration of your SQOBE ready device.
- SQOBE streaming software is developed by, or for, SQOBE and is designed to enable streaming of content from SQOBE. This software may vary by device and medium, and functionalities may also differ between devices. Member acknowledges that the use of the Service may require third-party software that is subject to third-party licenses. Member agrees to automatically receive updated versions of the SQOBE and related third-party software.
- If Member should fail to log-out or deactivate his/her device, subsequent Users may access the SQOBE Service through his/her Account and may be able to access certain Member Account information. To deactivate a device, follow the instructions on the "Your Account" Page.
- SQOBE is not responsible for the quality of the reception of films on any of Member devices at any location in the world. If the reception is of poor quality and Member is unable to see a film under correct circumstance, he/she may speak to SQOBE Help Centre and retry viewing the film without charge. SQOBE does not refund payments for views.
- HD SQOBE Products are accessible only on HD capable devices; however, HD SQOBE films purchased include a standard-definition version for use on non-HD devices.
- SQOBE does not guarantee that all films may be seen with HD quality and therefore SQOBE waives that obligation.
IMPORTANT SAFETY INFORMATION: To avoid muscle, joint, or eye strain during use of the products offered through SQOBE Platform, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the SQOBE Platform if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if such symptoms occur during use of such products. Parents should monitor their children’s use of products offered through the SQOBE Service for signs of symptoms.
- SQOBE reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the SQOBE Platform, please email SQOBE at the SQOBE Help Center.
- SQOBE is not responsible for availability of films; even when these films are mentioned in the Platform, we cannot guarantee if films are available. Due to our principles, SQOBE shall always do our best to make films available, with limitations in our actions from rights of third-party rights owners.
- You agree that the SQOBE Platform and certain SQOBE Products include Security Technology that limit use of SQOBE Products; whether or not limitations exist due to Security Technology, you shall use SQOBE Products in compliance with the Applicable Usage Rules established by SQOBE and its licensors (“Terms & Conditions”), and that any other use of SQOBE Products may constitute a copyright infringement. Any Security Technology is an inseparable part of SQOBE Products.
- You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Terms & Conditions for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by SQOBE for compliance purposes, and SQOBE reserves the right to enforce the Usage Rules without notice to Member. You agree not to access the SQOBE Platform by any means other than through software that is provided by SQOBE for accessing the SQOBE Platform. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the SQOBE Platform. Violations of system or Network Security may result in civil or criminal liability.
- You understand that by using the SQOBE Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the SQOBE Service at your sole risk and SQOBE shall have no liability for material that may be found to be offensive, indecent, or objectionable. SQOBE Product types and descriptions are provided for convenience, and Member agrees that SQOBE shall not guarantee their accuracy.
- Some SQOBE Products, including but not limited to content rentals, may be downloaded one time and may not be replaced if lost for any reason. It is Member responsibility not to lose, destroy, or damage SQOBE Products once downloaded, and may wish to back them up.
- The delivery of SQOBE Products does not provide you with commercial or promotional use rights in the SQOBE Products. Any burning or exporting capabilities are merely an accommodation for you, and shall not constitute a grant, waiver, or other drawback of any rights of the copyright owners in any content embodied in any SQOBE Product.
- Although some aspects of the SQOBE Platform, SQOBE Products, and administration of the Terms & Conditions entail the ongoing involvement of SQOBE, you acknowledge that if SQOBE makes changes to, or discontinues the SQOBE Platform, which SQOBE may do at its election, you may not be able to use SQOBE Products to the same extent as prior to such change or discontinuation, and that SQOBE shall have no liability to Member in such case.
- Professional User Privacy Information.
- The ‘Central Rights’ owner of the project is responsible for content to be accurate; he/she is obliged to publish truthful information.
- SQOBE is not responsible for the incorrectness and any mal-intensions of Members and may not be held liable.
- If any incorrect information on profiles and films/projects lead to liable effects for those who are a victim of the infringement, the victims may fully hold responsible the Member who created the infringement and file a lawsuit in the applicable jurisdiction.
- SQOBE may contain different communication applications designed to enable you to communicate with other Members. You agree to use the communication application only to submit or post messages and material that is suitable and related to the particular communication application.
- You are prohibited from submitting to, posting on or transmitting through SQOBE any unlawful, harmful, abusive, threatening, harassing, defamatory, sexually explicit, obscene, vulgar, profane, ethnically, racially, hateful, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Content that consists of or contains software viruses, chain letters, commercial solicitation, mass mailings, political campaigning, or any form of "spam" is prohibited.
- You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
- Any opinions, statements, advice, offers, services, or other information that constitutes part of the content expressed or made available by third-parties are those of respective authors or distributors and not of SQOBE, nor its affiliates, nor any of their officers, directors, employees, or agents.
- You acknowledge that SQOBE may not pre-screen all content, but that SQOBE has the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the communication applications.
- Without limiting the foregoing, SQOBE has the right to remove any content that violates this User Agreement or is otherwise objectionable. You specifically agree that SQOBE is not responsible for any content sent and or included in the Platform by any third-party.
- SQOBE contains information and other content regarding entertainment industry compiled by SQOBE and its Members. While reasonable efforts are made to provide accurate information, SQOBE provides no warranty as to the accuracy of the database and other content on the Platform.
- SQOBE reserves the right to withdraw or delete information or content from the Platform at any time.
- If you post content or submit material, and unless indicated otherwise, you grant SQOBE and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and full right as sub licensor to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content globally. Member grants SQOBE and its affiliates the right to use title submitted in connection with such content, if they so reason.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post/upload; that the content is accurate; that use of the content you supply does not violate SQOBE site policies and shall not cause injury to any person or entity; that you shall indemnify SQOBE or its affiliates for all claims resulting from content you supply.
- SQOBE has the right but not the obligation to monitor and edit or remove any activity or content.
- SQOBE takes no responsibility and assumes no liability for any content posted by you or any third-party.
- Password, Profile & Account Access. The Member entitled access and control over his/her SQOBE Account, is the initial creator of the SQOBE Account and he/she whose Payment Method is charged ("Account Owner"). In order to maintain control over the Account and to prevent illegitimate access to the Account (which would include information on viewing history), the Account Owner must not reveal personal password nor Payment Method details (e.g., last four digits of their Credit or Debit Card, or email address if they use PayPal) associated with the Account to anyone.
You must be mindful of any communication requesting Credit Card or other Account information. To provide information in response to these types of communications can result in identity theft. Always access sensitive Account information by going directly to the SQOBE Platform and not through a hyperlink in an email or any other electronic communication, even if it appears official. SQOBE shall deactivate Member Account or place Member Account on hold in order to protect you, SQOBE, or our partners from identity theft or other fraudulent activity.
In order to provide you with ease of access to your account and to help administer the SQOBE Service, SQOBE applies technology that enables SQOBE to recognize you as the Account Holder and provide direct access to Account without requiring you to retype password or other User identification when revisiting SQOBE Service. You may choose not to take advantage of this feature by unchecking the box "Remember me on this device" when logging-in to the Platform. To remove access to Member Account from your devices: (a) visit "Your Account", choose "Sign out of all devices", and follow the instructions to deactivate your devices (note, deactivation may not occur immediately) and/or (b) delete your SQOBE Settings from your devices (steps vary by device and option is not available on all devices). Where possible, Users of public or shared devices should log-out at the completion of each visit. If you sell or return a computer or SQOBE ready device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log-out or deactivate your device, subsequent Users may be able to access your Account, including personal information.
If you share or otherwise allow others access to your account, information, including in some cases personal information, such as watch history, ratings, reviews and account information (including your email address or other information in your Account). This remains true even if you use SQOBE Profiles Feature.
Profiles allow different members of your household to have a distinct, personalized SQOBE experience, built around the film and TV Series they enjoy, personalized recommendations and individual watch histories. Please note that Profiles are freely available to everyone who uses your SQOBE Account, so anyone with access to your Account may navigate and use, edit or delete any Profile. Member should explain safety and security to others with access to his/her Account, and let them know if you do not wish them to use or update Profile.
- Collection of Information.
- SQOBE receives and stores information about you such as information you provide, information SQOBE collects automatically and information from other sources.
- SQOBE collects information you provide which includes: Member name, email address, address or postal code, Payment Method and telephone number. SQOBE collects this information in a number of ways, including when information is entered while using SQOBE Service, interactions with our Customer Service, or from surveys or marketing promotions.
- SQOBE collects information when you choose to provide reviews or ratings, taste preferences, Account Settings, Set Preferences in Member Account or otherwise provide information through our Service.
- SQOBE collects information regarding you and your use of our Service, interactions with SQOBE and SQOBE Advertising, as well as information regarding your computer or other device used to access our Service (such as gaming systems, smart TVs, mobile devices, and set top boxes). This information includes: your activity on the SQOBE Service, such as title selections, watch history and search queries; your interaction and activities between friends and groups encountered on the SQOBE Platform.
- SQOBE collects information regarding your interactions with customer service, such as date, time and reason for contacting us, transcripts of any chat conversations, if you call us, your phone number; device IDs or unique identifiers, device and software characteristics (such as type and configuration), connection information, statistics on page views, referral URLs, IP address and standard web log information.
- SQOBE may supplement the information described above with information obtained from other sources, including online and offline data providers. Such supplemental information may include demographic data, interest-based data, and Internet browsing behavior.
- Use of Privacy Information
- SQOBE uses your information we collect to provide, analyze, administer, enhance and personalize SQOBE Services and marketing efforts, to process your registration, orders and payments, and to communicate with you on these and other topics.
- SQOBE uses information collected for determining your general geographic location, provide localized content, provide customized and personalized viewing recommendations for films and TV Series, determine Member Internet Service Provider and assist us quickly and efficiently respond to inquiries and requests.
- SQOBE uses information we collect for analyzing and understanding our audience; improving our service (including our User interface experience), delivery optimization, content selection, and recommendation algorithms.
- SQOBE uses the information we collect for communicating with Member concerning our Service (for SQOBE, details about new features and content available on SQOBE, special offers, promotional announcements and consumer surveys, and to assist you with operational requests such as password reset requests. Please see the "Your Choices" section of Privacy Statement to learn how to set or change your communications preferences.
- SQOBE uses information we collect for helping rights owners of films to promote their films.
- SQOBE may only use your information and combine it with aggregated information from the SQOBE libraries of other Member Users who also opt in to this feature, Member Store purchase history data, aggregated purchase history data from other SQOBE Store Users, and other information obtained from third-parties, to create personalized playlists for you from your SQOBE library, to provide you with recommendations regarding media and other products and Services that you may wish to purchase or acquire, and to provide recommendations regarding products and services to other Users.
- Privacy Statement Disclosure of Information.
SQOBE discloses your information for certain purposes and to third-parties, as described below:
- SQOBE shares your information amongst all the FILMBOOK BV related companies as needed for data processing and storage; providing you with access to our Services; providing customer support; making decisions about Service improvements, content development; and for other purposes described in Use of Information section of this Privacy Statement.
- SQOBE uses other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize use or disclosure of your personal information, except in connection with fulfilling their services.
- SQOBE may offer joint promotions or programs that, in order for Member participation, requires you to share your information with third-parties. In fulfilling these promotions, SQOBE may share your name and other information in connection with fulfilling the incentive. Please note that third-parties are responsible for their own Privacy Practices.
- Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, SQOBE may transfer information, including personal information, provided that the receiving party agrees to respect Member personal information in a manner that is consistent with our Privacy Statement.
- In the course of sharing information, SQOBE transfers personal information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, and SQOBE shall ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection.
- You may also choose to disclose your information while using the SQOBE Service. You shall have opportunities to post reviews or other information publicly, and third-parties may use information disclosed.
- You may also choose to disclose your information, with areas of SQOBE Service provide an option for you to share information by email, text message and social or other sharing applications, by utilizing applications on your smart device.
- You may also choose to disclose your information on Social plugins (including those offered by Facebook, Twitter, Pinterest, and Google) that allow you to share information on those Platforms.
- If Member is an individual acting in his/her personal capacity, Member may download and use an application from the SQOBE Platform for personal, non-commercial use.
- You are not allowed to copy a download, share it with others or commercialize it for your own benefit or the benefit of others.
- In the instance you share a download and commercialize a film, you infringe the copyright of the rights owners of the film(s) and shall be held liable for all losses of rights holders.
- If Article 2 and 3 in Downloads Section exist, SQOBE shall assist the damaged rights holders in obtaining their losses from shared data, which may prove your infringement; in the situation that SQOBE is held liable for infringement by government law, SQOBE shall seize Member Assets (private and business ) to cover all losses incurred.
- Intellectual Property
- You agree that the SQOBE Platform, including but not limited to SQOBE Products, graphics, User Interface, audio clips, video clips, editorial content, scripts and software used to implement the SQOBE Platform, contains Proprietary Information and Material, owned by SQOBE and/or its licensors, and is protected by applicable Intellectual Property Regulations and other laws, including but not limited to Copyright. You agree that you shall not use such Proprietary Information or Materials in any way whatsoever except for use of the SQOBE Platform, in compliance with this Agreement. No portion of the SQOBE Platform may be reproduced in any form or by any means, with Usage expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the SQOBE Platform in any manner, and you shall not exploit the SQOBE Platform in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
- Notwithstanding any other provision of this Agreement, SQOBE and its licensors reserve the right to change, suspend, remove, or disable access to any SQOBE Products, content, or other materials comprising a part of the SQOBE Platform at any time without notice. In no event will SQOBE be liable for making these changes. SQOBE may also impose limits on the use of or access to certain features or portions of the SQOBE Platform, in any case and without notice or liability.
- All copyrights in and to the SQOBE Platform (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by SQOBE and or its licensors, who reserve their rights in law and equity. The Use of the software or any part of the SQOBE Platform, except for Use of the SQOBE Platform as permitted in this Agreement, is strictly prohibited and infringes on the Intellectual Property Rights of others and may subject Member to civil and criminal penalties, including potential monetary damages, for Copyright Infringement.
- SQOBE, the SQOBE Logo, and other SQOBE Trademarks, service marks, graphics, and logos used in connection with the SQOBE Platform are trademarks or registered trademarks of FILMBOOK BV in The Netherlands and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the SQOBE Platform may be the trademarks of respective owners. Member is granted no rights or license with respect to any of the aforesaid trademarks, nor use of such trademarks.
- SQOBE PROFESSIONAL USER TERMS
SQOBE supports filmmakers and other stakeholders promote his/her film(s) globally and profit from a paid worldwide audience. SQOBE follows the principle that every individual is a free person and is free in his or her choices; and because SQOBE encourages harmony for all Members, we clarify and define parties involved at SQOBE.
- Rights Owners. Professional Users are identified Rights Owners with the exception of Festival Professionals. Rights owners are individuals or entities who/which own exploitation rights of films. Rights Owners may be: ‘Producers’, ‘Distributors’, ‘Sales-Agents’, Distribution Companies, Sales Companies, Production Companies or obtainers of Film Rights.
- In the case of translators engaged on the SQOBE Platform as translators of Subtitles for films, are automatically Rights Holders when they agree to translate any film with a percentage of the revenue.
- SQOBE recognizes 3 types of Rights Owners: ‘Original Rights Owner’, ‘Central Rights Owner’ and “Participated Rights Owner.”
- The ‘Original Rights Owner’ is the person or entity that own the rights once the exploitation agreement(s) end; it is the person/entity that grant others to exploit the film.
- The ‘Central Rights Owner’ is the person or entity that is entitled to control the exploitation of the film on the SQOBE Platform. This can be the ‘Original Rights Owner,’ and if it is not the ‘Original Rights Owner,’ he/she has to be assigned by the ‘Original Rights Owner’ by written agreement.
- The ‘Participated Rights Owner’ is a Rights Owner who owns the right to exploit a film in a specific territory or receives a percentage on a specific territory due to his/her elaboration. ‘Participated Rights Owner’ may be a distributor, sales agent, translator, advertiser or marketing person/entity.
- Rights holders can be Human entities or Fiscal entities
- The Central Rights Owner can be the Original Rights Owner if by law he/she is the original rights owner.
- The Central Rights Owner is the only rights holder, which/who can control and alter the project(s) information.
- Participated Rights owners can only review the results and collect their share of the profit.
- Participated Rights owners own only rights on the territory(s) they represent.
- The Central Rights Owner controls the percentage of each Participated Rights owner.
- When there are any conflicts or defaults on the percentage dividing, Rights Owners cannot ask SQOBE to correct this administrative default.
- Any Rights Owner disputes must be settled outside the Platform within their legal boundaries.
- When the central rights owner changes the percentage of the Participated Rights owner, the previous percentage is applicable for the previous revenue, SQOBE will not pay out or not pay out the differences. If there is an incorrect dividing between the rights holders, the rights holders need to settle this outside the platform.
- General Professional User Terms. Terms apply to all Users of the Platform, including Users who are also Contributors of Content, on the Platform. "Content" includes text, software, script, graphics, photos, sound, music, videos, audiovisual combinations, interactive features and other materials Member may view on, access through or contribute to the Platform. SQOBE hereby grants permission Professional Members access and use of the SQOBE Platform, subject to the following express conditions, and he/she agrees that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- The SQOBE entity is only applicable to exploitation rights; Professional Members, seen as Rights Owners of films uploaded, are Rights Owners of the exploitation of the films.
- In the case of film Rights Owners who do not have Exploitation Rights, and for example have entitlements to a percentage of the revenue or profit of the film, are not considered Rights Owners under SQOBE Terms.
- SQOBE does not interfere with sharing revenue or profits other than between Exploitation Rights Owners.
- Exploitation Rights Owner is obliged to control interference by any other Rights Owners regarding the sharing of revenue within SQOBE.
- SQOBE is not responsible for fraud and/or negligence by Exploitation Rights owners with other Rights Owners.
- SQOBE is not responsible for any action of its Professional Members and is free from any liability; each Professional Member is responsible and liable for his/her actions and are required to abide by SQOBE User Terms.
- Professional Members are responsible for his/her content published on SQOBE; said Member frees SQOBE from any liability.
- SQOBE does not own or claim film rights from Professional Members uploaded films; SQOBE does not own or claim other material that promotes said films.
- SQOBE recognizes that all uploaded films are property of Copyright Owners.
- Professional Users provide SQOBE the right to stream his/her film to SQOBE Members: collect set revenue on audience views, and divide said revenue between the Exploitation Rights Owners of each film.
- SQOBE receives 50% of all revenue of Rights Owners on the SQOBE Platform, after VAT or sales taxes.
- SQOBE shall deduct VAT taxes and Sales Taxes from SQOBE revenues of Rights Owners.
- SQOBE is responsible for the costs of the payment, author taxes, security and transmission costs, and is entitled to increase said costs for any reason.
- When Professional Member uploads his/her film, Member is responsible for Copyright in the case of infringement.
- Professional Member may upload a film, with partially owned Exploitation Rights, as long as Original Exploitation Rights Owner and/or the Sales Agent are mentioned, in the case said Member is not Sales Agent.
- Sales Agent is obliged to mention and fill in the name of Original Rights Owner and obliged to mention and fill in the name(s) of Participant Rights Owner(s).
- Original Rights Owner that has shared his/her Exploitation Rights with Third-Parties, he/she is obliged to mention these Parties within the Project created on SQOBE Platform.
- SQOBE is entitled to withhold any film profit revenue when the obligations of SQOBE Terms & Conditions are not kept by Rights Holder(s).
- SQOBE is not responsible for the quality of film data, nor the streaming quality.
- SQOBE is permitted to retain a film profit revenue for 1 year prior to paying revenue to Rights Owners.
- If a film Rights are not clarified, profit revenues shall be held until clarification is provided by contract or other legal means.
- After SQOBE pays profit revenues to Professional Members, and Member does not have Right to said revenue, SQOBE has the right and shall enforce to confiscate paid capital immediately with all means; said Professional Member is obliged to refund capital instantly. Due to any delay with said refund, SQOBE is allowed to seize all business and private assets of Professional Member.
- In the case of Article 21, SQOBE is entitled to all costs to collect said revenues. The Professional Member is obliged to pay all costs incurred by SQOBE due to Member infringement.
- SQOBE is not responsible for fraudulent actions of the Professional Member, and only shall participate in refunding SQOBE profit revenue; the correct Rights Owner shall be responsible to regain any lost revenue.
- A Rights Owner is permitted to utilize the SQOBE logo for promotion of his/her project/film, and refer to the SQOBE Platform/URL/APP on all promotion materials.
- It is forbidden to any Member to use the SQOBE logo to refer to another Platform, other than SQOBE.
- When a film has Infringement Rights, for example Music Rights, SQOBE is not responsible for such infringements and is not obliged to pay Claim Holders. When a film contains Third-Party Rights, per SQOBE Terms, said matter is between the Original Rights Holder and the Claim Holder. The Claim Holder may only obtain his/her Claim from the Original Rights Holder.
- In the case of a Court Decision from any/all locations worldwide, that forbids the exploitation of a film due to Rights Infringement, SQOBE shall remove said film and place offline, and said Rights Holder(s) shall not be allowed to present or exploit said film until further notice. SQOBE is an institution who wishes to share all films, and shall make efforts to assist exhibition of all films possible.
- Professional Member is prohibited to post and upload criminal and criminal intended content.
- Professional Member is prohibited to post and upload pornographic images and videos.
- SQOBE has the right to expel content from Professional Member Profile Page, and deactivate Member Profile and Account at any time on grounds we do not have to explain.
- If the film images or video appear pornographic, however is intended as an art form in the sense the public could perceive as art, SQOBE may screen such images and video for approval; and allow on SQOBE Platform if decided said images/video comply as an art form.
- Professional Member agrees not to distribute any part of or parts of the Platform, including but not limited to any content, in any medium without SQOBE's prior written authorization, unless SQOBE makes available the means for such distribution through functionality offered by the Platform.
- Professional Member agrees not to alter or modify any part of the Platform or any of the Services and its related technologies.
- Professional Member agrees not to access content through any technology or means other than the video playback pages of the Platform itself, the SQOBE Player, or such other means as SQOBE may explicitly designate for this purpose.
- Professional Member agrees not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
- Professional Member agrees not to use the Service (including the SQOBE Player) for any of the following commercial uses unless SQOBE's prior written approval is obtained.
- The sale of access to the Service
- The sale of advertising, sponsorships or promotions placed on or within the Service, or content.
- The sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or platform containing content delivered via the Service unless other material not obtained from SQOBE appears on the same page and is of sufficient value to be the basis for such sales prohibited commercial uses shall not include (i) uploading an original video to SQOBE, (ii) maintaining an original channel on the Platform in order to promote a business or artistic enterprise, (iii) showing SQOBE videos through the SQOBE Player or otherwise on an ad-enabled blog or platform, subject to those advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is expressly authorized by SQOBE in writing.
- SQOBE Professional Subscription and Individual Level Memberships
In consideration of all levels of the Professional Subscription Membership Services rendered hereunder, all films submitted by you and uploaded to the SQOBE Platform require that you purchase a recurring fee-based subscription via a Payment Method. These fees may be amended from time to time by SQOBE without notice to you. You expressly agree that SQOBE is authorized to deduct your recurring subscription fees, any applicable tax and other charges you may incur in connection with your use of the Services directly from your SQOBE Payment Method you provide to Company. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your SQOBE Professional Membership account by you or anyone else using your account. If you notify Company in writing that you are terminating your subscription for one or more of your films, your subscription fees may be reduced according to the Professional Membership Terms and Conditions listed below. All terminated films may continue to be advertised on the SQOBE Platform. You will not be entitled to reimbursement of any pre-paid fees with respect to any terminated films. If for any reason you fail to make a payment or a payment is reversed hereunder via the Payment Method or any other method after agreeing to these Terms of Service, SQOBE will be entitled to recoup, at its sole discretion, the subscription fee, by any means necessary, including the right to keep your account active and collect any resulting royalties until the subscription fee is fully recouped. It is your responsibility to notify SQOBE if your Payment Method has changed by making the appropriate changes to your SQOBE account settings. If you do not provide a valid Payment Method your service may be disconnected or interrupted at SQOBE’s sole discretion.
- The SQOBE Professional Membership Subscriptions are divided in two levels, named Indie and Pro.
- The difference in the subscription memberships is calculated by the amount of films you choose to exploit on the Platform
- A Indie Member may upload one film and exploit or participate in the income revenue of one film.
- The Pro Member may upload an unlimited amount of films and exploit or participate in the income revenue of these films.
- You can change and upgrade to a higher level, by paying the Integration Fee.
- You can change to a lower level when you have only one film in your account than the level you currently use.
- If you need customized service for your films to exploit on the Platform, please contact the SQOBE Helpdesk via our email and you will be contacted personally by a SQOBE Customer Service representative.
- SQOBE Financial Transactions
- SQOBE reference currency is the EURO, all payments and financial transactions are completed in the EURO currency
- When the SQOBE bank pays Member net-revenue to bank anywhere in the world- Member bank may choose to pay in local currency. SQOBE is not liable for currency exchange losses.
- All currency exchange rates are the responsibility of the Professional User.
- SQOBE is not responsible for the difference in currency exchange rate between moment User pays to view a film and moment SQOBE pays out net revenue to Professional Right Owner.
- In the case it is inconvenient for the Professional Rights Owner to accept his/her net revenue in his/her own currency, SQOBE shall delay payment upon request.
- SQOBE charges viewers with a EURO currency.
- SQOBE is not liable for currency exchange difference from time payment is collected and transferred to Euro account. The currency exchange at the moment may create a difference in income of actual price.
- SQOBE deducts financial losses; when SQOBE collects fees in a certain country requiring local office and local bank account. (Brazil is such a country).
- Professional User Content Terms
- As a SQOBE Professional Subscriber you may submit content. You understand that whether or not content is published, SQOBE does not guarantee any confidentiality with respect to content.
- Professional User retains all of Ownership Rights of content; are required to grant Limited License Rights to SQOBE and other Users of the Service. (as specified in Terms and Conditions).
- Professional User shall license the SQOBE Platform to stream his/her film to a worldwide audience and allow the SQOBE Platform audience members to view film(s) in return for their revenue payments.
- Professional User permits the SQOBE Platform to share information about his/her film(s), photos and poster(s) User has uploaded, trailer(s) User has uploaded for SQOBE Members free of charge.
- Professional User acknowledges that the SQOBE Platform is not responsible or liable should SQOBE Member infringe the Copyright of Professional User Film and should Member share said information with Third-Parties.
- Professional User understands and agrees that he/she is solely responsible for User content and any consequences of posting or publishing Users’ Content. SQOBE does not endorse any Content or any opinion, recommendation, or advice expressed therein, and SQOBE expressly disclaims any and all liability in connection with Content.
- Professional User represents and warrants that he/she has (and will continue to ensure during User use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable SQOBE to present User’s Content for the purpose of the provision of Services by SQOBE, and otherwise to present your Content in the manner contemplated by the Service and SQOBE Terms.
- Professional User agrees that his/her conduct on the SQOBE Site shall comply with (and all of his/her Content shall comply with) the Terms and Conditions of SQOBE, as updated from time to time.
- Professional User agrees that he/she shall not post or upload any Content which contains material that is unlawful to possess in his/her resident country, or that is unlawful for SQOBE to use or possess in connection with the provision of the Service.
- Professional User agrees that Content he/she submits to the Service does 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 User has a formal license or permission from the rightful owner, or is otherwise legally entitled to post the material in question and to grant SQOBE the license referred to in Article e below.
- On becoming aware of any potential violation of SQOBE Terms, Company reserves the right (but shall have no obligation) to decide whether Content complies with SQOBE Content Requirements set out in Terms and may remove such Content and/or deactivate a User's access for uploading any content in violation of these Terms at any time, without prior notice and at its sole discretion.
- Professional User understands and acknowledges that in using the Service, he/she may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise personally objectionable. User agrees to waive, and hereby waives, any legal or equitable rights or remedies he/she has or may have against SQOBE with respect to any such content.
- Should Professional User deactivate his/her Account, SQOBE shall retain all Content User has previously uploaded in SQOBE Archives and User acknowledges that SQOBE has the right to exploit and/or share said Content under limited conditions for educational purposes or scientific research.
- Should User reactivate an Account previously deactivated, User is obliged to pay for the cold storage costs of the period Content has been stored, during period Account was deactivated.
- Should Professional User’s film be shown for free of charge on other Platforms in the world; SQOBE shall be entitled to do the same within its Platform.
- Content submitted to the SQOBE Platform is subject to the guidelines stated in these Terms and Conditions and is provided to the Professional Account of each User, which may be updated from time to time. If User should find Content submitted to the SQOBE Platform that does not comply with Company Guidelines, please contact the SQOBE Help Center.
- Professional User may not use the SQOBE Platform to post objectionable, offensive or harmful content, including but not limited to content that is unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
- Professional User may not use the SQOBE Platform to post personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, billing information or photos or videos taken or distributed without the subject’s permission.
- Professional User may not use the SQOBE Platform to request personal information from a minor.
- Professional User may not use the SQOBE Platform to impersonate or misrepresent himself/herself as another person, artist, entity, another SQOBE Platform User, a SQOBE employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (SQOBE reserves the right at any time to reject, reclaim, modify or block any SQOBE ID, User name, User Handle or other identifier which could be deemed to be an impersonation or misrepresentation of User identity, or a misappropriation of another person's name or identity, or for any other reason, at SQOBE’s sole discretion).
- Professional User may not use the SQOBE Platform to engage in copyright or other intellectual property infringement (including posting content he/she does not own or have permission to post), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement.
- Professional User may not use the SQOBE Platform to post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements.
- Professional User may not use the SQOBE Platform to plan or engage in any illegal activity.
- With exception of the Professional User’s Content submitted to the Platform by User, all other Content on the Platform is either owned by or licensed to SQOBE, and is subject to copyright, trade mark rights, and other intellectual property rights of SQOBE or SQOBE's licensors. 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 SQOBE or, where applicable, SQOBE's licensors. SQOBE and its licensors reserve all rights not expressly granted in and to said Content.
- Any Third-Party trade or service marks present on Content not uploaded or posted by User are trade or service marks of respective owners.
- License Rights of Uploaded and Posted Professional User Content. Professional User grants the following license rights on SQOBE uploaded and/or posted Content:
- To SQOBE, a worldwide, non-exclusive, royalty-free, transferable license (inclusive of right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform said Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and SQOBE's 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.
- To each User of the Service, a worldwide, non-exclusive, royalty-free license to access User Content throughout the Service, and to utilize, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under SQOBE Terms.
- All SQOBE Content license rights granted by Professional User terminate should User deactivate his/her Account from the Platform. All textual comments User submits to SQOBE as Content are perpetual and irrevocable, but are otherwise without prejudice to User ownerships rights, which are retained by User as set out in paragraph Article 2 above.
- Should Professional User deactivate his/her Account, User grants SQOBE usage of User Content for educational and scientific purposes; and rights to commercialize said Content in the limited extent of covering SQOBE’s costs to store and deliver the material.
- Public Domain Films. The United States of America legally acquits films from all its rights once said films become public domain, and said films are free to be used and sold without cost or obligatory rights. SQOBE Policy on Public Domain films includes an effort to provide said films available to its audience.
- Should Professional User upload a Public Domain Film, User shall not be entitled to gain revenue on said film(s) without permission of SQOBE.
- Should Professional User upload a Public Domain Film and charge fees and incur revenue, all said revenue shall be withheld by SQOBE and User acknowledges that he/she has no claim on the revenue at any time.
- Revenue of Public Domain Film, is revenue retained by SQOBE Parent Company.
- SQOBE is not responsible or liable for persons or entities that receive permission to upload Public Domain Films, and should upload films that are found to be not Public Domain Films.
- Should a Company or person receive permission to upload Public Domain Films and realize revenue, said User is required to engage into a separate contract with FILMBOOK BV. or with the Parent Owner of SQOBE Platform.
- Material Submissions to SQOBE Platform
- SQOBE Platform may offer interactive features that allow Professional User to submit material(s) to areas of the SQOBE Platform accessible and viewable by the public. User agrees that any use of such features, including any Materials submitted by User, shall be the sole responsibility of User, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringement or otherwise unlawful conduct, or otherwise be obscene, objectionable, an/or in poor taste. User also agrees that he/she has obtained all necessary rights and licenses. User agrees to provide accurate and complete information in connection with his/her submission of any materials on the SQOBE Service. User hereby grants SQOBE a worldwide, royalty-free, nonexclusive license to utilize such Materials on the SQOBE Platform or in relation to SQOBE Products, without compensation or obligation to User. SQOBE reserves the right to refuse to post or publish any Material, and to remove or edit any Material, at any time, in its sole discretion without notice or liability.
- The SQOBE Platform may offer interactive features to allow User to submit Material(s) for areas of the SQOBE Platform accessible to other Users of the SQOBE Platform and the public. User agrees that any usage of such features, including any Materials submitted by User, is User’s sole responsibility, and shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringement or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. User also agrees that he/she has all necessary rights and licenses for said Material. User agrees to provide accurate and complete information in connection with your submission of any Material on the SQOBE Platform. User hereby grants SQOBE a worldwide, royalty-free, nonexclusive license to utilize such Material as part of the App and Book Services or in relation to the SQOBE Platform, without any compensation or obligation to User. SQOBE reserves the right to not post or publish any Material, and to remove or edit any Material, at any time in its sole discretion without notice or liability. User may not submit reviews or ratings for the SQOBE Platform films through a promotional Content Code.
- SQOBE has the right, but not the obligation, to monitor any Material submitted by User or otherwise available on the SQOBE Service, investigate any reported or apparent violation of this Agreement, and to take any action that SQOBE in its sole discretion deems appropriate, including, without limitation, termination hereunder or under SQOBE’s Copyright Policy in this Terms and Conditions.
- All Copyrights in and to the SQOBE Platform (including the compilation of Content, postings, links to other Internet resources, and descriptions of those resources) and related software owned by SQOBE and/or its principals, reserve all rights in law and equity. All usage of SQOBE Software or any part of the SQOBE Platform, except for use of the SQOBE Platform as permitted in SQOBE Terms, is strictly prohibited and shall infringe on the Intellectual Property Rights of others and may subject said User to civil and criminal penalties, including possible monetary damages, for copyright infringement.
- SQOBE, the SQOBE Logo, the SQOBE Platform, and other SQOBE trademarks, service marks, graphics, and logos used in connection with the SQOBE platform are trademarks or Registered Trademarks of FILMBOOK BV. in the Netherlands. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the SQOBE Platform may be the trademarks of respective owners. User is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- SQOBE provides no warranty: User expressly acknowledges and agrees that use of the Licensed Application is at the sole risk of User, and entire risk includes satisfactory quality, performance, accuracy, and effort, to the maximum extent permitted by applicable law, and the Licensed Application and any services performed or provided by the Licensed Application is provided ‘as is’ and ‘as available,’ with all faults and without warranty of any kind. Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either stated, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of Third-Party rights. Licensor does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in or services performed or provided by the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. Absolutely no oral or written information or advice given by licensor or its authorized representative shall create a warranty. should the Licensed Application or services prove defective, User shall assume entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable Statutory Rights of a consumer, so the above exclusion and limitations may not apply to you.
- Sharing Content with a Third-Party Platform. It is not the SQOBE purposefulness to share User Content with Third-Party Platforms, in the case of such occurrence, User must acknowledge Articles in this Section.
- The Service may include hyperlinks to other web-sites not owned or controlled by SQOBE. Therefore, SQOBE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Platforms.
- User acknowledges and agrees that SQOBE is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web-sites or resources.
- User acknowledges and agrees that SQOBE is not liable for any loss or damage which may be incurred by User as a result of the availability of any external sites or resources, or as a result of any reliance placed by User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, aforesaid web-sites or resources.
- Exclusion of Warranties
- SQOBE Terms do not affect any consumer entitled User Statutory Rights that User cannot contractually agree to alter or waive.
- The Service is provided ‘as is’ and SQOBE provides no User warranty or representation with respect to aforesaid Service.
- Specifically, SQOBE does not represent or warrant: use of the Platform shall meet User requirements, use of the Platform shall be uninterrupted, timely, secure or free from error, any information obtained as a result of usage of the Platform shall be accurate or reliable, and that defects in the operation or functionality of any software provided to you as part of the Service shall be amended.
- There are 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 the aforesaid are expressly set out in the Terms.
- Limitation of Liability
- Nothing in SQOBE Terms shall exclude or limit SQOBE's liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to the overall provision in Article i.1 above, SQOBE shall not be liable to User for: any indirect or consequential losses which may be incurred by User. 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 User.
- Subject to the overall provision in Article i.1 above, SQOBE shall not be liable to you for: any loss or damage which may be incurred by you as a result of:
- any reliance placed by User on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between User and any advertiser or sponsor whose advertising appears on the Service;
- any changes that SQOBE may apply 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 usage of the Service;
- User failure to provide SQOBE with accurate Account information;
- User failure to keep his/her password or SQOBE Account details secure and confidential.
- The limitations on SQOBE's User liability as stated in Article i.2 above shall apply whether or not SQOBE has been advised of or should have been aware of the possibility of any such losses arising.
- Professional User General Legal Terms
- The Terms & Conditions constitute the entire legal agreement between User and SQOBE and govern Service usage by User and completely replace any prior agreements between User and SQOBE in relation to the Service. All other Terms of Service that FILMBOOK BV. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
- User agrees that SQOBE may provide notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
- User agrees that should SQOBE not exercise or enforce any legal right or remedy contained in the Terms (or that SQOBE has the benefit of under any applicable law), this shall not be a formal waiver of SQOBE's rights and those rights or remedies remain available to SQOBE.
- If any Court of Law, with the jurisdiction, rules that any provision of SQOBE Terms is invalid, subsequently that provision shall be removed from the Terms without affecting the remainder of the Terms. The remaining provisions of the Terms shall continue to be valid and enforceable.
- User acknowledges and agrees that each representative of the SQOBE Companies of which SQOBE is involved shall be Third-Party beneficiaries to the Terms & Conditions and that such Companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit (or rights in favor of) said Terms. No other person or company shall be a Third-Party beneficiary of the Terms.
- The Terms, and User relationship with SQOBE under the Terms, is governed by Dutch Law. User and SQOBE agree to submit to the exclusive jurisdiction of the Courts of the Netherlands to resolve any legal matter arising from SQOBE Terms. Notwithstanding this, User agrees that SQOBE is permitted to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
- Professional User Definitions
- SQOBE Terms presents Professional Users as Rights Holders.
- SQOBE Terms define an ‘Exploitation Rights Holder’ as the owner of the right to exploit a movie by distributing, selling or exposing a film within legal conduct. Exploitation Rights Holders may be film producers, with the right to sign an Exploitation Contract with distributors, sales agents or other exploitation entities. Exploitation Rights Holders may also be distributors and sales agents with the right to exploit a film in a certain territory for a certain period.
- ‘Exploitation Rights Holders’ are not Rights Holders of a film, entitled to a percentage of revenue and profits or other income from the Original Rights Owner (most often the producer).
- Third-Party Royalty Owners with specific rights within a film, for example music use in a film, are not seen as an Exploitation Rights Holder. In situations whereas a Third-Party Royalty Owner has a right on specific income, he/she must refer to the Exploitation Rights Owner or the Original Rights Owner.
- SQOBE Terms present ‘Claim Holder’ as an individual or fiscal entity who/that holds a claim on a film in some perspective.
- SQOBE Terms present a ‘Original Rights Holder’ as the original owner of a film production; should the Original Owner sell his/her Exploitation Rights for life to another person or entity, the last person or entity shall be seen as the Original Rights Owner.
- The Rights Holder who controls information and data is referred to as the ‘Central Rights Owner;’ this may be someone other than the Original Rights Owner; it may be a sales agent, a distributor or an alternative person who has the right to exploit a film on behalf of the Original Rights Owner.
- The Rights Owner with the right to share Exploitation Revenue is referred to as a ‘Participated Rights Owner;’ this individual or entity may ‘participate’ in a films progression on sales, and is not allowed to control a film nor its content. The Participated Rights Owner is allowed to advertise for the specific involved project.
- SQOBE Terms refers to ‘Translators’ as Professional Users and are included as Participated Rights Owners.
- Third-Party Application(App) Advertisement
- SQOBE may issue Apps, that may be used for promoting films.
- User may utilize a Third-Party App to advertise his/her film(s), SQOBE will apportion User financial costs as described in the SQOBE Product Guide.
- SQOBE may issue Apps for Third-Parties for purposes to promote film(s) to additional audiences.
- Third-Party Apps shall contain independent required Terms & Conditions, User shall be required to comply with said Terms should User promote his/her film on the SQOBE Platform.
- It is possible that some Third-Party Apps request a share of film revenue; in this case, and should User intend to use said App, User must comply with App regulations and shall include aforesaid Third-Party into User Account Rights Management of his/her film project.
- User may include Third-Party App(s) for a limited period of time.
- SQOBE Professional User/Rights Owner User Terms
- SQOBE requires Rights Owner User to be the valid and certifiable owner of the film rights or part of the film/content rights to upload his/her film/content.
- Should User own the rights of a defined territory, he/she is obliged to lock the territories with no rights to revenues.
- A Central Rights Owner User with also rights of a defined territory, he/she is obliged to transfer the Central Rights Ownership (individual in control of the project) to the Original Rights Owner or Central Rights Owner appointed by the Original Rights Owner when film(s) appear on the SQOBE Platform.
- All Rights Owners are obliged to the rules of SQOBE Terms & Conditions and to act accordingly.
- SQOBE shall not be involved with/between Rights Owner Agreements.
- SQOBE is not liable or responsible for disagreements between Rights Owners.
- Rights Owner Users are responsible to settle amongst themselves any disagreements on financials or other circumstances.
- Should SQOBE be notified on a disagreement between Rights Owners, all Platform payments shall be locked/frozen until the disagreement is settled.
- Should Rights Owner User involve a Translator to create film subtitles, User and said Translator shall agree amongst each other on percentage fee Translator shall receive per view of film with his/her translated subtitle.
- Should one translation subtitle be replaced with another translation subtitle, and 30% of the sentences remain unchanged, the original Translator has the right to claim a percentage share on the film. Should aforementioned scenario have less than 30% of sentences unchanged, the SQOBE Rights Owner User is not obliged to provide a percentage share of revenue with (replaced) Translator.
- A Participant Rights Holder with rights on a defined territory, must acknowledge the SQOBE Terms & Conditions guideline on territory use.
- SQOBE only acknowledges an Account Holder’s country of residence; for example, a Member is Italian, lives in China, and views a film in Japan, said Member payment shall be divided between the Central Rights Owner and the Participant Rights Holder with territory claims in China.
- SQOBE Professional User/Rights Owner Content and Information Terms
- Rights Owner/Professional User (User) owns all of the content and information he/she posts on SQOBE Platform, and User is able to control how all content/information is shared through User Edit Profile Setting.
- Content that is protected by Intellectual Property Rights, including photos and videos (‘IP Content’), User grants SQOBE permission specifically in accordance with User Edit Profile Setting: a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any/all IP Content he/she posts on or in connection with SQOBE (‘IP License’). Aforementioned IP License terminates upon deactivation of User IP Content or deactivation of User Account, unless User Content has been shared with Members, until such time Member deletes said Content.
- In the case of removing IP Content, said Content is deleted in a manner similar to emptying the recycle bin on a computer. User understands that all removed Content may persist in backup copies for a reasonable period of time.
- SQOBE is not responsible, nor liable for reappearance of IP Content on SQOBE Platform or Third-Party Platforms, after said IP Content is deactivated.
- User Interaction with other SQOBE Members permits User Content and Information to be shared with Members. SQOBE requires Members to respect User privacy, and SQOBE Terms & Conditions obligate in what way Members may use, store, and transfer User Content/Information.
- Should a SQOBE Member not respect the privacy of other Members and/or the rights within SQOBE Terms & Conditions, SQOBE is not liable for such actions.
- User published Content or Information on his/her Profile(s), permits open access, inclusive by non-SQOBE Members, to User Information, and to associate said Information with User (i.e., User name and Profile Picture).
- SQOBE always appreciates User feedback and/or suggestions, and User agrees that SQOBE may use said feedback/suggestions without any obligation to compensate User for usage (just as User has no obligation to offer).
- SQOBE is not responsible, nor liable for any Content User uploads on SQOBE Platform.
- User is prohibited to post or upload any unauthorized Intellectual Property on the SQOBE Platform. User claims all responsibility for his/her posts/uploads on the SQOBE Platform and indemnifies SQOBE from any legal responsibilities, claims or liability.
- Should the owner of unauthorized posts and uploaded Intellectual Property placed by a User on the SQOBE Platform, file a lawsuit against SQOBE or hold SQOBE liable for the aforementioned Intellectual Property, SQOBE is entitled to recover all legal and other costs from said User; User is obliged to pay any/all costs. SQOBE is permitted to seize all private and/or business belongings from said User to pay the damage costs.
- User is prohibited to post and/or upload criminal or criminally intended Content on the SQOBE Platform.
- User is prohibited to post and/or upload pornographic images and videos on the SQOBE Platform.
- SQOBE has the right to expel User Content from his/her Profile Pages and remove said User Profile and SQOBE Account at any time on grounds Company is not required to explain.
- SQOBE Translator User Terms
- Translator shall denounce his/her rights on the material Translator provides to the project and project owner/manager (inclusive of Rights Owner), and both parties consent his/her involvement in a project.
- Project owner/manager (and Rights Owner) is allowed to use a past film translation as a reference for other translations without additional compensation to Translator, other than the percentages stated in Article 10 of Sqobe Professional User/Rights Owner User Terms (n)
- Translator has no authorized rights and compensation should a project owner/manager (and Rights Owner) chose to remove his/her translation from the project and replace with another translation.
- Should a Central Rights Owner (inclusive of Rights Owner) remove Translator subtitles from his/her film, and uses more than 30% of your sentences within the subtitles, Translator is entitled compensation of the percentage agreed with Central Rights Owner. The Rights Owner of the film is obliged to compensate.
- Translator acknowledges Professional Festival Users on the SQOBE Platform are allowed to watch films for free and Translator shall not gain revenue from Professional Festival User views.
- SQOBE Platform Professional Festival User Terms
- Professional Festival Users are permitted to view films for free on the SQOBE Platform dependent upon submission of his/her SQOBE connection fee and annual subscription fee.
- Professional Festival Users are permitted access to the SQOBE Platform under one unified Account, under a Multiplied User Frame, and said Festival workforce/decision-makers may utilize the SQOBE System accordingly to share information
- Professional Festival Users are restricted to view films, only said films submitted with the SQOBE Festival App.
- Individual Account Holder of the Professional Festival User group is responsible for all activities of his/her workers he/she has registered as Professional Festival Users.
- Registered Professional Festival User may not download any film(s) from the SQOBE Platform, until the occasion a SQOBE Platform film is approved for a listed Film Festival, may Professional Festival User download the DCP file from the SQOBE Server.
- Professional User/Rights Owner Legal Relationship with SQOBE. Usage of the SQOBE Platform (the ‘Platform’) and any SQOBE products, channels, software, data feeds and services, including the SQOBE Embeddable Video Player provided to Professional Users/Rights Holders on/from or through the SQOBE Platform is subject to the Terms of a legal agreement between User and FILMBOOK BV, with the principal place of business location Sint Jansstraat 65, 1012 HG Amsterdam, The Netherlands.
- Film Upload Guidelines
Professional Users must follow required Guidelines listed to secure an accurate presentation of his/her film(s).
- Instructions for Submission of Project Information for Intended Audience
- User is recommended to provide complete information on SQOBE for his/her film to receive the most effective size audience
- User may not provide incorrect and/or misleading information, creating a disappointed audience experience.
- Should Film Upload Guidelines, Article a.3 occur, SQOBE is permitted to remove any/all misleading information.
- Log line may not exceed 40 characters.
- Synopsis may not exceed 2000 characters.
- Photos and posters must be in JPG, PNG, or GIF with the required maximum size 2 MB.
- Film file(s) format is required to be submitted to SQOBE as: mkv, MP4, mov, avi.
- Film subtitle format is required to be submitted to SQOBE as: srt.
- Film(s) subtitle format is required to be submitted to SQOBE within the industry standard norm; and should subtitles not meet said requirements and or appear awkward on the film view, all aforementioned subtitle formats shall be the responsibility of the User and SQOBE is not liable for User subtitle format. SQOBE is also not responsible for subtitles that do not match dialogue and or the timing of his/her film.
- Instructions for SQOBE Professional User Film Upload and Release. User may upload the quality you chose within the following formats listed:
- User beware, the better the quality of your film, the greater is the experience of the viewer, the increased word-of-mouth marketing his/her film shall receive (same applies vice versa).
- Should the quality of any uploaded material be perceived as inferior by a Rights Owner, full responsibility of upload lies with User, SQOBE is not be liable for upload quality.
- Should User wish to change Content uploaded due quality reasons; this is possible, although new Content shall be monitored by the SQOBE Team should the Content remain the unchanged.
- User is not permitted to provide misleading and/or incorrect Information, creating a disappointed audience experience.
- User is responsible for releasing his/her film on the SQOBE Platform.
Member Content and Information. SQOBE is the provider of the SQOBE Platform Service, that permits you to have digital access to films and other content for end user use only under the Terms & Conditions set forth in this Agreement.
- You own all Content and Information you post on SQOBE, and you are able to control how your content and information is shared through your Edit Profile Setting.
- For content that is covered by Intellectual Property Rights, inclusive of photos and videos (‘IP content’), you specifically provide SQOBE permission in accordance with Member Edit Profile Settings: you grant SQOBE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SQOBE (‘IP License’).
- If you delete IP Content, content is deleted in a manner similar to emptying the recycle bin on a computer. Thus, you are aware and understand that any removed content may persist in back-up duplicates for a reasonable period of time.
- SQOBE is not responsible, nor liable for any reappearance of IP on SQOBE or Third-Party Platforms after it has been deleted.
- When Members choose to interact with other SQOBE Members, said content and information is shared with those Members. SQOBE requires all Members to respect each others privacy and IP Rights, and Member Agreement with SQOBE obliges usage policies, storage, and transference of content and information.
- If a Member of SQOBE does not respect the Privacy and IP Rights of other Members and or the Rights within this User Agreement, SQOBE is not liable for such actions.
- Members that choose to publish content or information, allow all persons, including non-members of SQOBE, to access and use that information, and to associate it with said Member (i.e., with specified name and Profile Picture).
- SQOBE is not responsible for any action of its Members and is free from any liability.
- Each Member is responsible and liable for his/her actions and have to act in accordance with this User Agreement.
- When you post content on SQOBE Platform, you are responsible for that Publication and free SQOBE from any liability.
- SQOBE is not responsible, nor liable for any Members content posted.
- SQOBE is not responsible for your typographical errors.
- You are prohibited to post unauthorized intellectual property on SQOBE. If unauthorized posting should occur, it shall be on said individual’s behalf and responsibility, and said individual indemnifies SQOBE from any legal responsibilities and claims or liability.
- If said owner of the unauthorized posted intellectual property should file a lawsuit against SQOBE or attempts to hold SQOBE liable for the appearance of said intellectual property, SQOBE is entitled to recover all legal and other costs from said violator.
- You are prohibited to post criminal and criminal intended content.
- You are prohibited to post pornographic images and videos.
- SQOBE has the right to expel content from Members Profile Pages and remove Members Profile and Account at any time on grounds SQOBE is not required to explain.
- SQOBE always appreciates your feedback or other suggestions, but you understand that Company may use said information without any obligation to compensate (just as you have no obligation to offer).
EUROPEAN UNION. For Members in the European Union, to the extent, if any, that SQOBE is a ‘data processor’ in relation to ‘personal data’ used by it in connection with these Terms (as ‘data processor’ and ‘personal data’ are defined in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (or applicable national legislation implementing that Directive), which also, for the purposes of this clause, defines ‘processing’ and ‘data controller’): (a) SQOBE shall only process such personal data for the purposes necessary for performing its obligations hereunder and in accordance with any written instructions given by Member from time to time; (b) SQOBE shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and accidental loss or destruction of, or damage to, the personal data.
Minors Under the Age of 13
- In addition to name and email address, SQOBE requires Member to provide his/her gender and birth date during the registration process and verify that Member is 13 years of age or older. Member date of birth and gender are required information, and Member may not delete said information. Member may, however, edit his/her Profile to hide all (or part) of such fields from other Users.
- If Member is under the age of 13, he/she may not register for SQOBE or provide any personal information. SQOBE shall delete any information as quickly as possible if we learn that registration has been made by a minor under the age of 13. Please contact SQOBE through Inform & Complain should Member have any information regarding under age registration.
- Parental Permission is required at SQOBE for any Membership for minor under the age of 13, and the Account and Profile must be registered under the name of Parent or Guardian.
- SQOBE strongly discourages minors 13 years of age or under to send any information about themselves to anyone over the Internet and Company encourages parents to teach their children about safe Internet use practices.
- If parents decide to promote their children by creating Profiles on SQOBE in which their children appear, it is their responsibility and SQOBE is free of any liability or claims. SQOBE shall require parental identification to identify parents/guardians are who they say they are; if identification does not comply or is not provided, SQOBE shall delete the Profile and in case of repeated offence, delete the Account of the offender.
- If a Parent or Guardian uses SQOBE for criminal intentions and/or harming a child’s Profile, SQOBE has the right to deactivate the Profile and hold the Parent or Guardian liable; and claim damage costs.
Information Required for SQOBE Users
- When you sign up for SQOBE, you provide SQOBE with your name, email, gender, and birth date. During the registration process SQOBE gives you the opportunity to connect with other Members and publish your Profile to non-Members (friends, fans, colleagues and business associates); and create Member Profile(s). You are able to add a personal picture of yourself. In some cases, SQOBE may ask for additional information for security reasons or to provide specific services.
- SQOBE may retain the details of User transactions or payments on SQOBE.
- SQOBE offers contact importer tools to support User effectiveness through his/her friends, business relations and fans addresses; with an apparatus to find contacts on SQOBE, and invite User contacts to the SQOBE Platform.
- SQOBE retains User movements and all activities transpired on the SQOBE Platform, all data, inclusive of films viewed and scheduled to view.
- Through the User access point: a computer, mobile phone, or other device, SQOBE may collect information from that device about your browser type, location, and IP address, as well as pages visited.
- SQOBE uses ‘cookies’ (small pieces of data stored for an extended period of time on User’s computer, mobile phone, or other device) used to improve the SQOBE experience, to improve upon advertising, and to protect both the User and SQOBE. Benefits of utilizing cookies include: storing User login ID’s (not passwords) to create a simpler User login whenever returning to the Platform, used to confirm User log-in, and to identify User interactions with SQOBE applications and Platforms, widget and reaction buttons, and SQOBE advertisements. User may block or remove cookies using the Settings in his/her browser, although in some instances this may limit ability to use SQOBE.
- SQOBE may organize programs with advertising partners and other platforms that share information with the Company:
- SQOBE may ask advertisers to relay User response rates to ads constructed through SQOBE advisors (and comparatively, how Users who never saw said ads responded on User site). This data sharing, also known as ‘conversion tracking,’ assists SQOBE to measure advertising effectiveness and improve upon the quality of the SQOBE advertisements.
- SQOBE may receive information about whether or not User has seen or interacted with ads on other sites in order to measure the effectiveness of those ads.
- SQOBE may collect information about User from other SQOBE Users, when visitors view and or interact within a Profile.
The SQOBE Edit Profile Setting. This section explains how the User Edit Profile Settings works, and how User Information is shared on SQOBE. User should always consider his/her Edit Profile Setting before sharing information on SQOBE.
- User Contact Information Setting (available when customizing User Edit Profile Setting) controls who may contact User on SQOBE, and who can see User Contact Information such as email and phone number(s). None of this information is required except for User email address, and User is not required to share his/her email address.
- User Personal Information Settings Control does not show up in the Profiles, only when User fills in the Profile(s). SQOBE may use the Personal Information for general data to supply to advertisers for advertising campaigns, however no individual names are supplied with the personal information; in all cases the whereabouts of the individual Account Holder shall not be shared with the advertiser.
- User may write a tweet in SQOBE, to update User experiences; should User delete said tweet, it shall be deleted from the SQOBE Site and from the SQOBE Followers Pages. SQOBE cannot guarantee that User SQOBE followers have read the aforementioned tweet, copied and or sent it through the Internet. In this situation, SQOBE is not responsible for such actions.
- Information placed to the Profile Page is publicly available information, User name, Profile Picture, and connections. Such information may, for example, be accessed by others over the Internet (including people not logged into SQOBE), be indexed by Third-Party search engines, and or be imported, exported, distributed, and redistributed by SQOBE and others without privacy limitations. User may review and change his/her default setting in the Edit Profile Settings, or you may delete User Profile on SQOBE; and SQOBE shall remove from User Profile or Account, although SQOBE has no control over usage outside of SQOBE.
SQOBE User Sharing. The Content that User places on his/her Profile(s) and the actions of User shall show on the User Profile Page(s). Some of User texts (tweets) may be shared with other Members.
- If a User adds you to his/her list of friends, he/she cannot remove the connection and Information shall remain shared with the User. Other than if User violates the principles of SQOBE and does not comply with warnings, in this case User shall be removed from the Site, including the link. A link does not require User to share Information with those who add you to his/her list of friends.
- Should User remove information from his/her Profile or delete his/her Account, copies of that information may remain viewable elsewhere to the extent it has been shared with others.
- User understands that information may be shared or copied by other Users.
- Certain types of communications that User sends to other Users may not be removed, such as messages, casting submissions and application submissions.
- When information is posted on another User’s Profile through the Message Service or the Tweet Service, that information is subject to the other User’s Account page.
- If an external source is used to publish information to SQOBE (such as a mobile application or a Connect Site), User should verify the privacy setting of that external source.
- SQOBE reserves the right to add additional protections for minors (to provide an age-appropriate experience) and place restrictions for adults to share and connect with minors, recognizing this may provide minors a more limited experience on SQOBE.
- Be aware that information User posts and or uploads on his/her Profile(s) may be shared and appear on other platforms or websites without SQOBE consent. SQOBE shall not be liable or responsible for such actions.
Sharing SQOBE Information with Third-Parties
- SQOBE does not own or operate additional companies or productions that provide the SQOBE Platform. Should User interact with other companies and productions through his/her Profile(s) and reveal private information, that is not placed on User Profile, it is User’s complete responsibility and SQOBE is not liable for possible misuse or mal intentions of others.
- When using the SQOBE Applications, User is able to share information with other Users within and outside SQOBE. Communicating this information is User responsibility and SQOBE is not liable for the misuse or mal intentions of others.
- SQOBE has a Share Application, that makes it possible to share User Profile(s) or project(s) with other Members; SQOBE is not responsible for wrong actions or mal intentions of Members a User invites to share his/her Profile. BE AWARE that User can delete any Members previously allowed to share his/her Profile.
- User only may transfer his/her Profile to another Member or person.
- In the case of a disputed Profile, should Profile contain a counter party’s identity in the manner such information resembles him/her in reality and contains his/her date and place of birth and other features, that appear to SQOBE that it is him or her, SQOBE is permitted to return the Profile Page to the counter party; should SQOBE interfere and return the Profile to the counter party, the aforementioned shall be binding.
- SQOBE does not guarantee that information written on Profiles is true or exact; in situations that Members write false or inexact information on their Profiles, it is his/her own responsibility; if said false or inexact information has violated a User’s business or personal situation and/or belongings; has caused any form of damage, SQOBE is not responsible or liable; it is expected that User verifies all information before doing business with any Member.
- User (and others he/she provides information to) may utilize tools such as RSS feeds, mobile phone address book applications, or copy and paste functions, to capture, export (and in some cases, import) information from SQOBE, including User information. For example, if User shares his/her phone number with a friend, he/she may use Third-Party Applications to sync that information with the address book on their mobile phone.
- Some advertisers who present ads on SQOBE use technological methods to measure the effectiveness of their ads and to personalize advertising content. User may use his/her browser cookie settings to limit or prevent the placement of cookies by advertising networks.
- For some advertising campaigns SQOBE shall share certain personal information with advertisers without revealing User identity.
- Should User click on an external link on SQOBE, User may leave our site. SQOBE is not responsible for the privacy practices of other sites, and we recommend User read all Privacy User Agreements.
SQOBE Values User Information
- SQOBE utilizes the information collected to provide better services and features to Users, to measure and improve those services and features, and to provide User with customer support. Additionally, information is collected to prevent potentially illegal activities, and to enforce the SQOBE User Agreement. With a variety of technological systems, SQOBE is able to detect and address anomalous activity and screen content and prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some Users.
- SQOBE may contact User with service-related announcements from time to time; may include Content User van view on SQOBE Platform in the emails we send.
- SQOBE does not share User identity information with advertisers without your consent. SQOBE allows advertisers to choose the characteristics of Users he/she prefers to view their advertisements, and may provide any of the SQOBE Platform non-personally identifiable attributes collected (including information User may have decided not to present to other Users, such as birth year or other personal information or preferences), in order to select an appropriate audience for specific advertisements. Such as, User interest for a ‘Western’ Genre and present User ads for Western Films, however SQOBE shall not provide any promoter with User name. User may review the criteria advertisers may select by viewing the SQOBE Advertising Terms in this document.
- Although SQOBE does not share User information with advertisers without User consent, he/she may receive a cookie in User browser after clicking on or otherwise interacting with an advertisement.
- SQOBE allows other Users to utilize Contact Information that User themselves provide, such as email address to reach User, through contact importers and search. User may prevent others from accessing his/her email address or other contact information by hiding said information in User Edit Profile.
- Should SQOBE be notified of a deceased Member, we shall close said Account upon receipt of a formal request from User’s next of kin or other proper legal format.
SQOBE Service Promotion Sharing Practices. SQOBE is about providing an audience for Professional User’s films as well as a film service for fans and professionals all over the world — while providing an Edit Profile Tool to restrict access for personal information. The following precautions are followed
- Should User request of SQOBE to invite a connection to join the SQOBE Platform, SQOBE shall send User Contact a message on his/her behalf providing User name. The invitation may also contain information about other User’s that connection may recognize. SQOBE may send up to two reminders in User name. SQOBE shall remove Contact from mailing list upon request.
- Users may choose to share information with marketers or electronic commerce providers that are not associated with SQOBE with on-site offers. This is entirely at the discretion of the User, and SQOBE shall not provide User information to marketers without User consent.
- By default, SQOBE provides certain information User has posted to his/her Profile available in SQOBE Search to assist Users to locate films. User is able to control his/her viewership of some information through Edit Profile Setting. SQOBE partners with email and instant messaging providers to assist in identifying Contacts that are SQOBE Members, to promote SQOBE for our Users.
- SQOBE may allow or limit search engine’s access to the SQOBE Site, and to information which User has provided on his/her Profile Page(s).
- SQOBE may share aggregated information with Third-Parties to help improve or promote our Service, in such a way that no individual User may be identified or linked to any specific action or information.
- SQOBE may provide information to Service Providers to assist User in promoting SQOBE Services. For example, SQOBE may use Third-Parties to host the SQOBE Platform, send out SQOBE email updates, remove repetitive information from User lists, process payments, or provide search results and or links (including sponsored links). Such Service Providers may have access to User personal information for a limited time, under SQOBE reasonable contractual and technical protections to limit use of User information required for said service.
- SQOBE may ask outside advertisers to display ads to promote the SQOBE Services. These Ads may be delivered based on the presence of a cookie, and in doing so will not share any User information with the advertiser.
- SQOBE may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if SQOBE has a good faith belief that the response is required by law. This may include respecting requests from jurisdictions from any country in the world where SQOBE has a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards. SQOBE may also share information when there is a good faith belief such action is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and User from people violating this User Agreement. This may include sharing information with other companies, lawyers, courts or other government entities.
User Practices and Procedures for Information Change or Removal
- User may change or remove his/her Profile Information at any time by going to User dashboard page and click ‘Edit Profiles’. Information shall be updated immediately.
- User may change or remove his/her Account Information at any time by going to User dashboard page and click ‘Edit Profiles’. Information shall be updated immediately. User cannot alter name and or date of birth, only if said information has been filled in wrongly; should User attempt to change name and or date of birth, he/she shall be redirected to a ‘pop-up,’ that directs said change to SQOBE Help Desk; at the Help Desk a SQOBE employee shall provide permission to change; unless the change occurs to be a fraud, the change shall be denied.
- User may clean up his/her list of friends or list of groups on SQOBE, and may be done simply by following procedures in the Edit Profiles Setting.
- Should User choose to stop using his/her SQOBE Account, User may deactivate or delete said Account. Once an Account has been deactivated, no User shall be able to view said Account, but Account shall not be deleted. SQOBE saves User Profile Information (connections, photos, etc.) in the case User later decides to reactivate his/her Account. Many Users deactivate Accounts for temporary reasons and in doing so, request SQOBE to maintain his/her information until they return to SQOBE. User has the ability to reactivate his/her Account and restore User Profile in its entirety. Should User delete an Account, it is permanently deleted from SQOBE. User should only delete an Account if he/she is certain it shall never be reactivated. User may deactivate an Account on his/her Edit Account Setting in the Edit Profiles Settings, or delete User Account through SQOBE Help Desk.
- After information has been removed from User Profile or an Account deactivated, duplicate information may remain viewable elsewhere to the extent it has been shared with others, distributed pursuant to changes in Edit Profiles Settings, or copied or stored by other Users. User name shall no longer be associated with that information on SQOBE. (For example, posted information to another User’s Profile prior to deleted Account, may remain, but shall be attributed to ‘Anonymous SQOBE User’). SQOBE may retain certain information to prevent identity theft and other misconduct after Account deletion.
- Removed and deleted information on the SQOBE Platform may persist in backup copies for up to 90 days, although shall not be available to others.
- Should a User provide a Contact email address to SQOBE, and said Contact is not a SQOBE User, said Contact may request his/her address deleted at the SQOBE Help Desk. Any such request shall only apply to addresses SQOBE has at the time of the request and not to any addresses that Users may provide at a later date.
- SQOBE is permitted to keep User Profile Information at all times within Company Data Files; particularly regarding financial transactions, for cases of dispute
SQOBE Security and Information Protection. SQOBE works to keep User Information secure, and requires all Members active involvement.
- SQOBE protects User Account Information on a Secured Server behind a Firewall. When User provides sensitive information (such as credit card numbers and passwords), SQOBE encrypts that information using Secure Socket Layer Technology (SSL). SQOBE also utilizes automated and social measures to enhance security, including investigating Account behavior for fraudulent or otherwise anomalous behavior, limits the use of site features in response to possible signs of abuse, removes inappropriate Content or links to illegal Content, and shall suspend or disable Accounts for violations of this User Agreement.
- Please be aware that no security measures are impenetrable. SQOBE cannot control the actions of those with whom User shares information. SQOBE cannot guarantee that only authorized individuals will view User information. SQOBE cannot ensure that information shared on SQOBE shall not become publicly available. SQOBE is not responsible for Third-Party circumvention of any Edit Profiles Setting or security measures on SQOBE Platform. User can reduce risks by exercising common sense security practices such as choosing a strong password, using dissimilar passwords for different services, and using up-to-date antivirus software.
- User must report any security violations to the SQOBE Help Desk.
Changes to This Privacy Statement. SQOBE shall update Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. SQOBE will provide notice of any such changes (including when they take effect) in accordance with the law. Continued use of the SQOBE Service after any such updates take effect constitute acceptance of those changes. If Member does not accept updates to the Privacy Statement, he/she may cancel their use of SQOBE Services. To find most recent Privacy Statement updates, please see the ‘Last Updated’ Section.
Cookies are small data files that are commonly stored on your device when you browse and use platforms and online services. They are widely used to make platforms work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. Cookies are not the only type of technology that enable this functionality; SQOBE also uses other, similar types of technologies. See below for more information and examples.
- SQOBE and our Service Providers may use the following types of cookies:
Performance and functionality cookies: These cookies are not essential, but assist SQOBE to personalize and enhance the User online experience with SQOBE. In situations, cookies assist SQOBE to recall User preferences and prevent necessitating User to re-enter information previously provided (for example, during Member sign-up). SQOBE also uses these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about SQOBE visitors' use of the Service so that SQOBE can enhance and personalize our Platform and Service and conduct market research. Deletion of these types of cookies may result in limited functionality of our Service.
Advertising cookies: These cookies use information about User visits to SQOBE and other Platforms, such as pages visited, usage of SQOBE Service and or User response to Ads and emails, and to deliver ads that are more relevant to User. These types of ads are referred to as ‘Interest-Based Advertising.’ Many advertising cookies associated with the Service belong to SQOBE Service Providers.
- How can User exercise choice in regards to cookies and other types of online tracking?
For more information about cookies set through the SQOBE Platform, as well as other types of online tracking (including the collection of information through Third-Parties, Third-Party Web Sites and or Online Services regarding online interest based advertising, User online activities), and to exercise choices regarding them, please go to the SQOBE cookie consent link on User dashboard. At this time, SQOBE does not respond to Web Browser ‘do not track’ signals.
- How Does SQOBE use Web Beacons and other Technologies?
Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. SQOBE and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of our Service, improve site performance, monitor visitor traffic and actions on the SQOBE Site, and understand interactions with SQOBE Marketing (including email and online ads on Third-Party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons.
SQOBE uses other technologies similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on User device. SQOBE may use these and various other technologies for similar purposes as cookies, such as to enforce SQOBE Terms, prevent fraud, and analyze the use of our Service. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see User Help Function in browser or SQOBE Help Area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.
SQOBE User Rights
User may request access to his/her personal information, and correct or update out-of-date or inaccurate personal information. Information may be easily updated by visiting the ‘Your Account’ portion of the SQOBE Platform, where Users have the ability to access and update a broad range of information about his/her Account, including contact information, User SQOBE payment information, and various related information about User Account (such as taste preferences, content viewed and rated, and User Reviews). User must be signed in to access ‘Your Account.’ Please also see the User Practices and Procedures Section of the Privacy Statement for additional choices regarding your information.
- XV.COPYRIGHT TERMS
SQOBE has the overall opinion that all participants of the media material have the right to use this material for promotion of themselves notwithstanding the contractual agreements with one and other.
- SQOBE endorses promotion and sales of films in order to endorse creative film productions and to enhance the cultural world and the film industry in general. All material posted and uploaded on SQOBE by its Professional Members is meant to promote films and create revenue.
- SQOBE’s jurisdiction is based in The Netherlands and complies with Dutch and European Law; if any copyright complaints are made outside of The Netherlands, the suitor must file a complaint within the jurisdiction of The Netherlands.
- Copyright Ownership
- We encourage all SQOBE Professional Members to share Content without claiming copyrights in order to promote his/her film(s) and realize revenue.
- SQOBE does not own the uploaded material on User Profile Page.
- User declares that he/she has permission to post or upload all audio, video, and photo or writing material he/she posts or uploads on his/her User Profile.
- User may upload photos, videos, audio and writings if he/she owns the copyrights of said materials or have permission to do so; except if User is legally bound not to do so.
- In the situation whereas the Copyright Owner of the production material used prohibits User use of the material and has notified SQOBE for the infringement, SQOBE shall have the right to deactivate User material instantly. If User does not agree with such an action, he/she is required to provide legal documented permission to re-upload the material.
- Should User disobey Article c.5 above and should reactivate the material, SQOBE has the right to remove said User from the SQOBE Platform and delete your Account.
- User provides a non-exclusive right to SQOBE to share promotion materials of his/her film with Members and place film on pay-per-view to SQOBE Members.
- Should User deactivate his/her Account, User grants SQOBE to share and sell his/her film(s) for educational and scientific purposes against a price, that covers the costs for keeping the material on cold storage.
- If SQOBE has Ownership Rights on the material User has uploaded, SQOBE may use its rights within the law and jurisdiction of the country it applies to and or The Netherlands.
- User declares hereby that SQOBE is not liable and responsible for User actions should a Third-Party claim its copyright rights are infringed; SQOBE shall delete said uploads immediately until the copyright problem is solved and User is allowed to upload the material.
- If the claim for infringement in Article c.10 above is found to be false and actions have harmed User reputation, SQOBE is not responsible for aforementioned actions and User shall not accuse SQOBE for liability.
- Should User decide to restore the upload (Article c.11 above), as User legally has the right, he/she must contact SQOBE legal department and send the approval of User rights by email through the SQOBE Contact Page.
- If User deems that his/her work has been copied in a way that constitutes copyright infringement, please contact SQOBE through our Contact Page.
- If User is the Copyright Owner of certain uploaded material on SQOBE and Members of SQOBE have uploaded the material without User permission, SQOBE shall not be obliged to remove the material; we shall deactivate the material if it is part of a fraudulent or criminal action, or User suffers a serious revenue loss on the illegal upload.
- SQOBE is not be liable for illegal uploads by its Members; if User believes that a Member has infringed his/her copyright, User must file a complaint with the uploader.
- It is prohibited to republish, filter, alter, frame, or link material (including materials posted by Members) of the SQOBE Site or any SQOBE Content (including graphics available on the Site) without explicit permission from SQOBE.
- User is prohibited to copy the SQOBE Platform or to make a competitive remake of SQOBE.
- If User should produce a competitive platform alongside SQOBE, User is obliged that the company or the natural person(s), that operate the competitive platform shall pay SQOBE 30% of the revenues.
- If User sells the aforementioned platform (Article c.18 above) or the concept of User’s competitive idea of the platform or change it to whatever fiscal identity, User is obliged to ensure that the third-party who or which obtains the platform, shall pay 30% of the revenues to SQOBE or to SQOBE owners.
- SQOBE Brand Name and Domain Ownership Details
- FILMBOOK BV is the owner of the brand name and domain name of SQOBE and sqobe.com.
- As a Member of the SQOBE Platform and community, User wholly agrees not to infringe upon the rights of the SQOBE brand name.
- User shall not buy other domain names utilizing the name Sqobe; and shall not use the Sqobe name for exploiting websites or any other purposes.
- In the situation User should purchase Sqobe domain name, User is obliged to transfer the domain name to FILMBOOK BV for the normal purchase rate, which may not be higher than 10 euros.
- In the situation User purchases a domain name with SQOBE and should commercialize a similar service as the SQOBE Platform, User must terminate this business immediately and shall pay for all damages and costs to SQOBE.
- What Copyright does SQOBE Own?
- SQOBE owns the Source Code on which the Platform and its Applications perform.
- SQOBE owns the concept and the Interface Wireframe of SQOBE.
- SQOBE owns the rights to the productions it produces through SQOBE.
- SQOBE owns the rights or part of the rights of the productions the Company is grants awards (see the Grant Award guidelines).
- SQOBE owns the right of unlimited free use of data placed by its Members.
- SQOBE owns the IP rights of the SQOBE Concept and Platform.
COPYRIGHT NOTICE: If you believe that any SQOBE content or any other content available through the SQOBE Platform infringes a copyright claimed by you, please contact the SQOBE Help Desk. SQOBE may, in its sole discretion, suspend and or terminate Accounts of Users that are found guilty of repeat copyright infringement.
If you have any questions or concerns about the SQOBE Terms & Conditions User Agreement, please contact us through our Help Desk or Contact Application.
SQOBE Contact Details
The SQOBE Platform is located at http://www.SQOBE.com, provided by the Corporation Filmbook BV, and contains a Fair Trade Video-On-Demand Platform, in which professionals can promote and receive SQOBE Member download fees to watch his/her film(s), that provides a worldwide film audience with access to all films worldwide ever made.
Should Filmbook BV choose to sell or transfer the SQOBE Platform to another entity, the SQOBE Terms and Conditions shall remain active for the new entity and Users of the Platform; the new entity shall have the continual rights to alter and change the Terms as Filmbook currently.
European Law and Dutch Law
- SQOBE Terms & Conditions User Agreement follows and its Users are regulated by Dutch Law, as respected by European Law.
- SQOBE is permitted to amend the jurisdiction of this User Agreement to any country at any time.
- All Content in the SQOBE Terms & Conditions, unless otherwise indicated, is bound by copyright © 2015 Filmbook BV. Any reproduction, distribution or transmission by any means without the prior permission of SQOBE is prohibited outside the exceptions listed below. All rights reserved.
Member Agreement to SQOBE Terms & Conditions User Agreement, states Member agrees to all applications, upgrades and actions you apply for with SQOBE now and in the future.
To access the Terms & Conditions User Agreement in several different languages, please change the language setting for your SQOBE Session by clicking on the language link in the left corner of most Platform Pages. If the User Agreement is not available in the language you select, it shall default to the English version.
These Terms and Conditions have been implemented 10th of January 2019, in Amsterdam, The Netherlands.