Terms of Service
By accessing or using the service, you are taking on these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the privilege, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not 13 years old or not able to use the service as per prevailing laws. If you do not acknowledge all of the provisions of these Terms, do not access and/or use the Site.
These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute. In case of any user is caught with the violation of these terms The Company reserve the right to take legal action against you.
- Who may use the service
There are certain requirements to use the service.
1.1 Age Requirement
Your age must be above 13 to use the service. If you are a minor as per your country applicable laws then you are required to access the service through Parent or legal Guardian.
1.2 Sound Mind
You are required to be sound mind to use the service, to make sure that you understand all the terms and conditions and all other applicable policies
1.3 Confidential Information
It’s your prime responsibility to keep secure your information; in case of any mishandling, you are required to inform 4MATFACTORY.COM. You further agree to notify 4MATFACTORY.COM, in case of violation of the cited requirements. 4MATFACTORY.COM cannot and will not be responsible, for any loss or damage if you fail to comply with this provision.
- Access to service
In order to access the features of the service, you have to fill the Login form. You must fill all the required fields in the form; upon request, 4MATFACTORY.COM will give you a code to access the service. It’s your core responsibility to provide all the correct and true information.
You are not allowed to share the code with anyone else.
Subject to these and other applied terms 4MATFACTORY.COM permitted you a limited license to use the service and view content in accordance with applicable terms. In addition to these terms, there are some other restrictions that 4MATFACTORY.COM. Requires you to follow;
2.2 Non-Disclosure & Non-Competition
The 4MATFACTORY.COM is the sole owner or bearer of All TV Formats, creative concepts and IP on this website (the “Confidential Information”); operational and other information (including, but not limited to, The Formats and business plan) pertaining to the Business (the “Confidential Information”);
4matfactory.com is willing to disclose to the User the Confidential Information for the sole purpose of enabling the User to understand the formats and IP of the Company for the purpose of a possible cooperation between the parties (hereinafter referred to as the “Purpose”);
The User acknowledges that the Confidential Information is confidential and a valuable asset of the Company and is and at all times shall remain the exclusive property of the 4matfactory.com or the principals thereof All applicable rights, copyrights, Trade-marks and trade secrets in the Confidential Information are and will remain the exclusive property of the 4matfactory.com or the principals thereof.
The User shall not directly or indirectly provide any other party access to the Confidential Information except as required by the 4matfactory.com, applicable law, regulation or legal process. Without limiting the generality of the foregoing “Providing Access” includes disclosure, sale, copying, dissemination, publishing, broadcasting or reproduction by any means whatsoever.
The User agrees that if it violates any of the terms outlined above, the 4matfactory.com, in addition to any other rights that it may have, shall be entitled to an injunction to prevent the User from continuing with such violation. Each party constituting the User shall be jointly and severally liable to the 4matfactory.com for violations of the terms hereof by any of them.
2.1(I) Monetary Compensation
If the User breaches any of the provisions of Terms of service, it shall be obliged to render an account to 4matfactory.com of all revenues derived from such breach and shall remit to 4matfactory.com all such revenues, compensation, commissions, remuneration and any other benefits whatsoever which the User may have derived from such breach.
2.1(II) Litigation Expenses
In addition to the remedy provided above, 4matfactory.com shall be entitled to claim from the User all of its legal costs and expenses including reasonable legal fees/ Attorney fees and court costs incurred by the Company to remedy the breach.
The following Constraints apply to your use of the Service. You are not allowed to:
4MATFACTORY.COM contains copyrighted and trademarked material so access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content.
Exception (A) as expressly authorized by the Service; or
(B) With prior written permission from 4MATFACTORY.COM and, if applicable, the respective rights holders;
Outmaneuver, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that
Prevent or restrict the copying or other use of Content or
Limit or disable the use of the Service or Content;
use the Service to distribute unsolicited promotional e.g. hate speech, harassment, money laundering etc. or commercial content or other unwanted or mass solicitations;
4MATFACTORY.COM reserves all the rights of ownership and IP. Using the service does not entitle you to any right or claim of ownership in any aspect.
4MATFACTORY.COM is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
- Intellectual Property Claims
3.1 TRADEMARKS AND COPYRIGHTS
If anyone has any claim regarding intellectual property e.g. content claim, copyright claim and trademark claim shall be dealt with by the arbitration tribunal. The arbitration meeting will be conducted at Amsterdam under the supervision of one appointed arbitrator. If the problem is not solved then the Dutch court have jurisdiction to adjudicate the issue.
- Termination and suspension
If 4MATFACTORY.COM found any type of violation of the policies from your side may suspend or terminate your access to use the service.
4.1 Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by 4MATFACTORY.COM unless we reasonably believe that to do so, If you believe your 4MATFACTORY.COM account has been terminated or suspended in error, you may file an appeal. The decision of 4MATFACTORY.COM attains finality, the user have no right to challenge in the court of law.
- Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.4MATFACTORY.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY TYPE WHETHER EXPRESS OR IMPLIED STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
4MATFACTORY.COM AND THIRD-PARTY PROVIDER ALSO FORECAST NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY CAUSE INFECTION TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM OR RELATED TO, ACCESS TO, USE OF, OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE.
4MATFACTORY.COM SHALL NOT LIABLE FOR ANY LOSS OR DAMAGE WHATEVER NATURE (DIRECT OR INDIRECT NATURE) WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WHICH MAY ARISE AS A RESULT OF THE USE OF TO (INABILITY TO USE) THIS WEBSITE/APP. THE CONTENTS OF THIS WEBSITE/ APP, LIKE AUDIO/VIDEO CALL, TEXT, GRAPHICS, IMAGES, VIDEOS AND OTHER SERVICES CONTAINED ON THIS WEBSITE/APP OR RELATED INFORMATION OR THIRD PARTY CONTENT CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE USERS OF OUR SITE/APP SHALL BE LIABLE FOR THEIR OWN VIRUS AND SECURITY ISSUES AND SHALL NOT USE OUR WEBSITE IN ANY ILLEGAL, FRAUDULENT, OR HARMFUL WAY. WE DON’T GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR FITNESS FOR PURPOSE OF THE THIRD-PARTY CONTENT PROVIDED BY THIS WEBSITE/APP OR THAT USE OF THIS WEBSITE/APP IS GOING TO BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. WE DON’T ACCEPT ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURATE INFORMATION SUPPLIED BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT WE AREN’T LIABLE FOR THE SUPPLY OF SUCH EXTERNAL WEBSITES OR RESOURCES, WHICH WE DON’T ENDORSE AND CANNOT BE RESPONSIBLE FOR ANY SERVICE, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU EXTRA ACKNOWLEDGE AND AGREE THAT WE AREN’T RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR IMAGINED TO BE CAUSED BY OR ABOUT THE USE OF OR RELIANCE ON ANY SUCH SERVICE AVAILABLE ON OR THROUGH ANY SUCH WEBSITE/APP OR RESOURCE. WE CANNOT AND DON’T TAKE RESPONSIBILITY FOR THE GATHERING OR USE OF PRIVATE DATA FROM ANY THIRD PARTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UTILIZATION OF THIS WEBSITE/APP IS COMPLETED AT YOUR OWN DISCRETION AND RISK AND YOU’LL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF KNOWLEDGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. EVERY EFFORT IS FORMED TO STAY THIS WEBSITE/APP UP AND RUNNING SMOOTHLY. HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND CANNOT BE RESPONSIBLE FOR, THIS WEBSITE/APP BEING TEMPORARILY UNAVAILABLE THANKS TO TECHNICAL ISSUES BEYOND OUR CONTROL.
- Limitation of Liability
EXCEPT AS REQUIRED BY PREVAILING LAW, 4MATFACTORY.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA OR CONTENT; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY SERVICE WHETHER DISPLAYED BY 4MATFACTORY.COM, INCLUDING YOUR USE OF SERVICE; AND/OR
THE REMOVAL OR UNAVAILABILITY OR SUSPENSION OF ANY SERVICE.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM IS ASSERTED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Amendment in Terms
We may alter or modify the Terms related to the Services from time to time. Amendments will come into action upon our posting of such updated Terms. If you carry on access or use of the Services after such modifications constitutes your consent to be liable to the Terms, as amended.
- About Agreement
These terms constitute the entire agreement between you and 4MATFACTORY.COM, no other agreement either written or oral exists between the parties, (4MATFACTORY.COM)
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect the rest of the agreement. If you fail to comply with the terms and we do not take action, this action does not waive our right to the action.
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
- Governing Law
The law of the Kingdom of The Netherlands will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the Dutch court and you and 4MATFACTORY.COM, consent to personal jurisdiction to this court.
Tel. +31 20-2443930