"Provider": referring to "CGPACKSHOTS" company which provides the subscription services of the Platform.
"Client": an individual or a legal entity which, after signing the application and having the user access codes sent by CGPACKSHOTS, acquires the license to use the Service in accordance with the hereby terms.
“3D product”: the digitized product exclusively for the Platform.
"Terminal device (of the Client)": computer devices or other portable devices technologically able to connect to electronic communications network, e.g. mobile phones, tablets, notebooks etc, owned and/or used by the Client and Authorized Users within the Service operating environment, for the business purposes of the Client.
"CGPACKSHOTS Platform or Platform": the information system and software of CGPACKSHOTS company that is provided ‘as is’ and is installed on the physical infrastructure and facilities of the Company or third parties partners within the European Union, to which the Client acquires remote access, usage and operation permission, with the purpose to use and administrate the Service, in accordance with the terms of the hereby agreement.
"Open Source Software": individual applications, third party services, software components, utilities, open source archives, incorporated or interoperably working with the Service.
"Software": the specialized software, designed and owned by the Company, so as to support the proper functioning of the Service, available to the Client ‘as is’, with no additional charge.
"Authorized User or User": the personnel of the Client's company, partners of the Client or third party others authorized by the Client, who by entering a user code acquired by the Client and completing the activation process as described below are licensed to use the Service, in accordance with the terms of this agreement. It is explicitly agreed that any obligation undertaken by the Client and any limitation incurred by him, in accordance with the conditions here, is also undertaken and incurred by each authorized user. It is clarified at this point that users are discerned to power users and simple users, depending on the package of services and features chosen by the client.
“Infrastructure of the Service”: the servers used by CGPACKSHOTS or/and third companies cooperating with the Company to provide the Service, located in Greece or another European Union Member State, unless expressly defined otherwise in the hereby terms.
"Working days and hours": the days that are not official national holiday in Greece except for weekends, as for working hours, these are determined from 09.00 - 17.00.
CGPACKSHOTS Platform is available by the Company solely via the Internet for subscription and is addressed to individuals or legal entities (hereinafter, “Client”). Accessing the Service requires for the Client to register, choosing the ‘I accept’ icon that appears during the registration and account creation process at CGPACKSHOTS.
A. With this option the Client declares that he accepts and agrees with the below detailed conditions (hereinafter the "Contract"), which govern, as a Subscriber/User, his access and use of the Platform, as this is provided by the Company via the website www.cgpackshots.com. Since the conclusion of the contract shall be carried out online, the Provider Company enables the Client to have access to the terms of the contract in electronically savable and printable form, before his commitment. If you do not agree to the following terms in whole or in part, please discontinue your registration at the platform and refrain from any action to access or use CGPACKSHOTS, because the access and use of it constitutes your acceptance of all terms of the contract.
B. The Service is activated by CGPACKSHOTS within 24 hours after the Client signs and sends the Application - Contract to the Company and the User completes the activation process (by entering one of the user codes acquired by the Client and then changing it, in order to be the only one who knows it) and after the Acceptance of the hereby terms in at least one of the Terminal Devices.
C. Adding and deactivating Authorized Users is possible by receiving supplementary passwords for the Platform after submitting an additional Application and paying off the relevant fees. Each Authorized User is identified by a separate account with a personal username and password (8-digit code with Latin characters, at least one uppercase letter, numbers and symbols).
D. The service provides the ability for all authenticated users of a Client to enter simultaneously, each from another terminal device (as many as the user codes acquired by the Client). CGPACKSHOTS shall be entitled, but not obliged to keep a record of the IP terminals entering the Service with the user codes acquired by the Client.
E. The Service grants the Client and its Authorized Users the ability to replace user codes. The Client and the Authorized Users are required to change entry codes at regular intervals for security reasons, as well as in case they have understood or suspect that the access code acquired by the Client has come to the knowledge of non-authorized third parties. In the event of a change of the password, and for the security of the client's account, the authorized user will be informed by e-mail about the change. This will include information such as the type of operating system, the browser used, the IP address and the approximate geographical area over which the change was made. The Provider Company, however, does not collect any of that information. At every case the Client and the Authorized Users are responsible for all actions and for any use of the Service by means of user codes use and explicitly exempt the Company from any liability in that regard.
3.1 The Service provides the Client with the safe, remote management of his 3D products that are imported, distributed or stored at the Platform, with the possibility of innumerable static shots, creation - production of frames, accessibility and display (by opening the relevant link) of the digitized product from the Client's or the user’s (embed) site with full administration and rotation capability. The client has the right to use the digitized products exclusively for the Platform, as well as the material produced by it, under a non-exclusive, worldwide, unrestricted and copyright-free license to: reproduce, perform, display, analyze and utilize these products.
3.2 Each of the above functional provisions varies depending on the offers the Client selects in the Application. In future versions or upgrades of the Service some of the features of the individual operations may be different.
3.3 CGPACKSHOTS has taken all the actions to sustain Client’s content in the Platform or its Infrastructure for the duration of the Contract with the Client and according to the hereby terms; however, it does not guarantee the preservation of Client’s Content and is not liable for any damage made to the Client caused by the inability to sustain the content in the Platform or Infrastructure. If special provisions (e.g. tax) require the maintenance of the products imported, traded or stored to the Service by the Client, he bears the sole responsibility himself for their safe use and storage.
To have the Service rendered and operating it is required that:
4.1 The user has an active connection to the Internet with a service provider of his choice and uses a Service - compatible browser version, as described in Annex A.
Internet access and related charges for navigation and data usage are not subject to this Contract and shall be governed by the terms of the provider with whom the Client has the contract in respect.
4.2 An active personal e-mail account for each of the Authorized Users.
4.3 The user utilizes Terminal devices (PCs, laptops) with operating system, software and hardware compatible with the Service, as described in Annex A. The end user will have the ability to see and handle the result /product from any device.
4.4 The Client opens the Platform’s website
5.1 The Client shall be obliged to use the Service according to the law, the terms of the hereby contract, or any additional instructions of CGPACKSHOTS. The Client may not use the service for illegal activities.
5.2 The Client is obliged to inform Authorized Users and to obtain, where appropriate, their explicit written consent, for the lawful use and processing of their personal data and any location data produced in the context of the Service by the Client and/or CGPACKSHOTS and/or third parties cooperating with the Company to provide the Service.
5.3 If via the Service personal data of third parties is collected, handled or otherwise processed the Client shall be solely and entirely liable by himself for the lawful collection, processing and preservation of this data, in accordance with the legislation. The Client expressly dismisses CGPACKSHOTS (and/or any cooperating with the latter third partner in order to provide the Service) from any liability towards those subjected to the process or other persons that may have a legitimate interest to raise related compensation claims for that cause. The Client is obliged to take all necessary technical and organizational measures for the protection of the personal data processed and distributed via the Service, as well as for the privacy of communications made. Any obligations of the Authorized Processor, as defined in N. 2472/1997, towards the Personal Data Protection Authority shall be borne by the Client. It is however explicitly stated that to use the Service except for the password entry, full name, phone number and e-mail account for each authorized user are also required to be entered to the Platform.
5.4 Service, Platform, Software, Third Party Services and other applications, content, graphics, illustrations, functions and components and generally all copyrights incorporated in the Service, Platform and Software in general constitute property of their rightful owners and are protected, inter alia, by the applicable where appropriate provisions for the protection of intellectual and industrial property. CGPACKSHOTS owns all intellectual property rights including relatives’ rights, confidential information, trade secrets, know-how, trade names, trademarks, service marks, infringement rights, unfair competition rights, patents, tiny patents, utility models. It is expressly acknowledged in the hereby Terms and Conditions that intellectual property is not assigned or transferred by the Company to the Client.
5.5 CGPACKSHOTS provides the Client and more accurately each of the Authorized Users with a non-exclusive, non-transferable or otherwise bestowed use of software license, which is incorporated into the Service, solely to be used by the persons mentioned above, to serve the business needs of the Client, in accordance with the terms of the hereby contract and for as long as it is valid.
5.6 Subject to the provisions of Greek legislation and those expressly provided in the hereby terms, the Client, the Associated with the Client Companies and Authorized Users are not permitted to allow any third party or themselves to: i) modify, search in reverse, reengineer, decompile the source code or the internal structure of any kind of the software that builds the Service and its Logging or the underlying components of their software, or create derivative works in relation to the above software, ii) use other than permitted by the hereby terms, copy, reproduce, distribute, publish, resell, sublicense or otherwise bestow the use of the Service, or of any software which the Service is based on, in whole or in part, to any third party, iii) proceed to the modification, alteration, removal of indications of origin, the name of the legal beneficiaries, trademarks and other diacritics set to appear in the Software, Platform, Service, Open Source Software and Third-Party Applications, iv) disclose, publish or make anyhow available to third parties the performance or functional evaluation of the Service or the Platform, without the prior written consent of the Company.
5.7 The Provider Company informs the Client that the Platform software is commercial software, protected in accordance with the law.
5.8 The Provider Company disclaims all responsibility for any damage to the Client resulting from the use of the Service or any other damages (lost profit, loss of data, etc.), which are not caused directly by the use, or a factor that could not have been reasonably foreseen in the time of acceptance of the hereby terms; also for reasons of force majeure or outside the control field of the Company, as well as for causes generated by the operation and interconnection of other national or foreign networks and actions in general of agencies that manage them.
5.9 It is expressly clarified that during the valid term of the hereby agreement and for a period of 6 months after the end of it, the Client is forbidden to take on, employ or ask the recruitment or hire of any employee or subcontractor of the Company, who has been involved in any way in the hereby contract.
6.1 CGPACKSHOTS may, but is not obligated to, maintain back-up copies of client’s 3d products in its Infrastructure, solely in order to ensure the proper rendering of the Service, such as in case of an occurring error or failure in the operation of the Infrastructure, for as long as it deems appropriate where applicable. For this purpose, the Client provides the Company, with no exchange, his non-exclusive, non-transferable license to collect, store, access, use, edit, copy, modify, transmit and maintain throughout the hereby agreement the client's products in its Infrastructure, solely to the extent necessary for the fulfilment of the obligations of the hereby Contract and the proper rendering of the Service. Client also agrees that the above license can be granted to third companies that cooperate with the Company for the rendering of the service, solely for the same purpose.
6.2 CGPACKSHOTS may work with subcontractors, especially for the digitization of the Client's products, who provide services on its behalf for the purpose of providing the service.
6.3 The Client's personal Data and that of the Authorized Users is processed and stored in principle within the European Union, in accordance with the applicable data protection legislation. Any transmission and processing of data to third countries will be limited to the email address of Authorized Users and the Client and shall be subject to the terms and conditions laid down in article 9 of Law 2472/1997, especially if the recipient of the personal data of Authorized Users has accepted and is bound by the procedure laid down by article 26 paragraph 4 of 95/46/EC Directive on standard contractual clauses.
The Service is provided ‘as is’ and, this means that the Company does not provide any statement, warranty, etc. regarding the appropriateness for a particular purpose in connection with the use of the Service by the User and the associated software.
7.1 The company will charge the Client for the Service per calendar month and per Authorized User (user code), in accordance with the services selected by the Client in the Application - Contract. VAT and any other taxes or fees imposed by the applicable law shall be borne by the Client, as well as any other costs (operational, legal or other) imposed on CGPACKSHOTS due to Client’s non-fulfilment of his contractual obligations.
7.2 pricing takes place with the signing of the Application – Contract of the Client.
7.3 Client’s program upgrade including more options is possible, with no ability of going back to the original options. The upgrade takes place anytime, at the Client’s request to the Company and applies from the beginning of the calendar month in which the request is made, until the end of the period initially agreed.
7.4 Addition of an Authorized User of the Client is possible with no ability of going back to the original number and takes place anytime, at the request of the Client to CGPACKSHOTS, and is effective from the beginning of the calendar month in which the request is made, until the end of the period initially agreed.
7.5 The Renewal of Service usage by the Client is possible by submitting and co-signing a new Application – Contract with the services selected by the Client at any time, and will be effective from the end of the period initially agreed and for as long as chosen by the Client in the new Application – Contract with the Company.
7.6 Statements/bills are paid within five days after the signing of the Application – Contract (initial or upgraded, addition or renewal) and payment is the precondition that provides the Client with the special entry codes to the platform.
7.7 The Client acknowledges and accepts that the statements/bills and any other invoices issued by CGPACKSHOTS, also copies or extracts thereof, held by the Company in computerized form in its information center, constitute full proof of debt to CGPACKSHOTS in respect to the amounts referred to therein, against which though counter-evidence is allowed.
7.8 To surf the Internet, download, install and consume data for the use of Third party Services via mobile phone networks, data (internet) charges apply, in accordance with the price list and terms of the mobile telephony service that the Client uses.
8.1 This agreement is for a fixed period and applies from the activation of the Service from at least one Authorized User on at least one terminal device until the end of the period in the Application – Contract selected by the Client.
8.2 Upon written notice, the Company may, retaining any further rights thereof, terminate this Contract at any time, for a legitimate reason, such as in the case of: (a) the Client's non-compliance with any of the contractual obligations that are considered essential after the deadline for compliance, which may not be longer than fifteen (15) days, (b) if the Service in whole or in part is found to be in contradiction with the law, (c) Client's death (in case of an individual), bankruptcy or cessation of payments or other similar situation, whether or not an application has been made, or the conversion of his legal status to under dissolution, liquidation, forced separation, as well as in any other case where the Client becomes insolvent.
8.3 In every case of termination of the hereby agreement any payments due by the Client for the use of the Service become expired and immediately payable. In the event of termination of the hereby agreement due to debt or other legitimate reason the Company shall be entitled not to sign a new contract with the Client.
8.4 At the expiry or the termination of the Contract neither the Client, nor any Authorized User will have access to the service (offline) and within ten (10) days the digitized platform products will automatically cease to be accessible and prominent from the site (embed) or from any site where the Client has entered a relevant link (the link will become inactive). In any case, explicitly and unreservedly, it is stated that the intervention of CGPACKSHOTS is accepted for the automated deactivation of the relevant link and pause of accessibility to the products of the platform. The Client, however, shall be entitled to reactivate the Service, if he concludes a new Application – Contract within two (2) months from the above expiry or termination of the Contract. Any conclusion of a new contract with the Client after the two (2) months will bear the cost of uploading the products to CGPACKSHOTS servers. It is explicitly agreed that after one (1) year from the above date of expiry or termination of the Contract, unless the Service was reactivated, the Client’s digitized products in possession of the Company will be permanently deleted.
8.5 During the expiry or the termination of the contract the Client shall be entitled to buy the products located on the Platform or a portion thereof under a non-exclusive, worldwide, unrestricted and copyright-free license to: reproduce, execute, display, analyze, and utilize these products, if he pays at the stipulated period the proportional charge to the Company.
8.6 Despite of the foregoing, the Company reserves the right to terminate with immediate effect the rendering of the Service or to suspend or restrict the access to functions of the Platform in the case: that the Client violates industrial or/and intellectual property rights of the Company, and/or the hereby terms and generally in case where the rights of third parties are violated or the Company has any evidence that the rights of third parties are being violated.
8.9 In case of termination by the Company due to Client’s culpability before the expiry of the minimum term of the commitment, the Client is obliged to pay an amount equal to the sum of the remaining monthly subscriptions until the expiry of the minimum term commitment.
The termination complaint is made in writing. Any debt of the Client to the Company arising from the execution of the hereby Contract becomes due and payable since the termination/resolution of the contract. Fees paid in advance are not refundable for they may be partly counterbalanced against any amounts due for early termination, in accordance with the hereby terms.
The Company reserves the right to deactivate unconfirmed user accounts after an inactive lapse of 15 days. In case of such a deactivation the Client after communicating with the Company is entitled to reactivate the account within 30 days. After the expiry of the period said the Company has the right to delete all data associated with such a User-Client account.
9.1 The Company shall make every possible effort for the smooth operation of the Service and provide the necessary technical support to the Client, however without guaranteeing the uninterrupted rendering of it, as this depends on the general operation of the internet, third-party networks, internet access service, functionality and availability of individual software or equipment that the Client uses and other factors that are beyond its control. The loading time of embeds depends on the internet provider/speed of the end user and has nothing to do with CGPACKSHOTS. However, the Company takes all necessary measures to assist with data compression algorithms and further optimization in case the internet service of the end user is slow.
9.2 The Client may call the Company’s Customer Service for support issues or communicate with it via Skype or e-mail from 10:00 to 17:00 Greek time. CGPACKSHOTS in order to respond to incidents concerning the safety, integrity and any threats to its systems may take measures relating to, indicatively, conducting risk evaluation and security controls in systems, creating a business continuity plan, physical protection of facilities to prevent unauthorized access and protect them from natural disasters, implementing network security mechanisms and logging access control, network management and monitoring, detecting and dealing with malware.
9.3 The company will make every effort with due diligence and attention, but does not guarantee, nor assures the Client that any Client content stored or distributed on the platform will not be subject to deliberate damage, deterioration, loss or removal. In that case no responsibility can be attributed to the Company. It is the Client's responsibility to maintain appropriate alternative backup copies of his information and data.
9.4 The Company provides Maintenance Services to the Client for the duration of their cooperation with reasonable skills and care, depending on the service package chosen and agreed with the Client.
The Provider may suspend the provision of Maintenance Services, if any sum due by the Client to the Company according to their agreement has been delayed and the Company has given the Client written notice of its intent to suspend Maintenance Services on this basis.
The Client must provide the Provider or procure such company access to hardware, software, networks and Client systems as reasonably required by the Provider to allow the Company to fulfill its obligations under the Agreement.
The Provider Company shall not be liable to the Client for any non-fulfillment of contractual obligations in cases of occurring events of force majeure (e.g. war – whether declared or not – riots, acts of sabotage, terrorist actions, natural disasters, earthquakes, explosions, fires, embargoes, strikes, lockouts, acts of Greek, European Community or of other authorities, physical obstructions, atmospheric conditions), or other occurrences outside the control of its field, as well as for the operation and interconnection of other national or foreign networks and general actions of their organizations.
The Client cannot assign the rights resulting from the hereby Contract or request to transfer the Service to a third party. CGPACKSHOTS may assign its claims against the Client arising from the hereby Contract anytime.
The hereby terms in conjunction with the signed Application – Contract is the complete and only agreement between the Company and the Client (Contract) and supersedes any other prior written or oral agreement or contact with CGPACKSHOTS or its representatives.
The Company's failure to exercise or partially exercise any right deriving from the Contract cannot be deemed as a waiver of that right, nor does it preclude its exercise in the future.
Any invalidity of any of the hereby terms shall not entail nullity of other terms or the Contract. The remaining terms remain in force and in full development of their legal effect.
The hereby terms may change at any time at the sole discretion of the Company. Any such change shall be communicated to the Client upon his first logging into the Service and/or by email to the address provided. Also, the terms of the hereby will automatically apply to any updates, enhancements, later versions of the Service.
In any case, the continuing use of the Service constitutes an automatic and unconditional acceptance of the new terms. If the Client disputes any or some of the new terms, he must immediately cease using the Service and notify CGPACKSHOTS for further matters.
13.1 The company and the Client shall each:
(a) keep strictly confidential any mutually confidential information,
(b) not disclose the other party’s confidential information to any person without the party’s prior written consent, and then only under the conditions of confidentiality.
(c) act in good faith at all times in relation to confidential information and
(d) not use any of the confidential information mutually for purposes other than the Permitted Purpose.
In order to execute the Contracts with its Clients, CGPACKSHOTS maintains and processes an Archive of the personal data stated by the Client in the Application and required in accordance with these terms for the use of the Service. Recipients of such archived data for the promotion, support and service of the trade relationship may be third parties or individuals cooperating with the Company for the rendering of the services of the hereby agreement, CGPACKSHOTS business partners mediating for the conclusion of the Contract, debt collection/information companies and other associates of the Company.
The Client has the right to be informed and raise an objection as provided for in the articles 11 to 13 of the Law 2472/1997 on personal data (upon written request) by letter to the address of the headquarters/registered office of the Company.
15.1 The Client acknowledges that the complex software is never completely free of defects, errors and bugs and with reserve to the other provisions of these Terms and Conditions, the Provider does not guarantee that the Hosted Services will be completely free from defects, errors and bugs.
26.2 The Client understands that the complex software is never fully free of security vulnerabilities and with reserve to the other provisions of these Terms and Conditions the Provider offers no guarantee that the Hosted Services will be totally safe.
26.3 The Client acknowledges that Hosted Services are designed to be compatible only with specific software and systems (defined as compatible) and the Provider does not guarantee that the Hosted Services will be compatible with any other software or systems.
Any dispute between the Client and the Company with respect to or in connection with this Contract shall be resolved in the courts of the registered home/office of the Client, under the application of the Greek Law.
This Annex sets out the standards of service which apply to the Maintenance Services - Support.
1. Scheduled Maintenance Services
1.1 The Provider should, when possible, give the Client (at least 7 Working Days) written warning notice for scheduled Maintenance Services that is likely to affect the availability or have a significant negative impact on Hosted Services.
1.2 The Service Provider renders all scheduled Maintenance Services save the hours of usual operation.
Updates will be applied to the Platform in accordance with any timetable submitted by the Provider to the client or agreed by the parties from time to time.
3.1 The Provider will be able to proceed to upgrades at least once in each calendar year during the term of the hereby Contract.
3.2 The Provider will give the Client at least 7 working days written warning notice to apply the upgrade in the platform.
4.1 The Provider will put a helpdesk at the disposal of the Client.
4.2 The Client may use the helpdesk to request and, where appropriate, to obtain support services and should not use the helpdesk for any other purpose.
4.3 The Provider will ensure that the helpdesk can be reached via telephone, email or any other appropriate communication manner.
4.4 The Service Provider will make sure that the helpdesk is functional and adequately staffed during business hours in the course of the hereby agreement. In addition, the Provider will have available a special phone number for the Client to report critical issues off of working hours.
4.5 The Client shall see to that all requests for Support Services taken from time to time will be carried out through the helpdesk.
5. Feedback and problem solving
5.1 The issues raised through Support Services are categorized as follows:
5.2 The Provider reasonably determines in which gravity order an issue falls into.
5.3 The Provider will make every possible effort to respond to requests for support services immediately and in any case according to the following time periods:
6. Self promotion
The Provider Company reserves the right to display the logos of the Company and of the Eberus platform during each client’s waiting/loading time of digitized data in the use of the platform.
7. Personal data
The management and protection of personal data of the platform’s visitor/user is subject to the terms of the hereby agreement, as well as to the designated at national, community and international law on the protection of individuals with regard to the processing of personal data, as applicable.
In every case the Provider Company reserves the right to change the terms of personal data protection, in accordance with the applicable legal framework.
Therefore, the hereby privacy terms may be revised and updated at any time and without notice. Platform users are requested to regularly check these terms for any changes, as their continued use of the platform implies that they accept all the contingent amendments.
The Provider collects personal data of visitors/users, only when they voluntarily provide it in order to have the services available online rendered. Personal data is the information that can be used to identify or contact a person, as well as other information relating to the person in concern.
The Provider shall not dispose for sale or otherwise communicate or disclose personal data of visitors/users to third parties that are not related to the company itself, without the consent of the visitor/user, with the exception of the implementation of relevant legal decrees and towards the competent authorities only.
The Provider may process part of or the entire data visitors/users have sent for statistical purposes and so as to improve the services and information rendered.
The visitor/user may contact the administrator of the platform in order to cross-check the existence of a personal record and correct, change or delete it.
The Provider may gather personally identifying data of users of the Platform using corresponding technologies, such as cookies and/or Internet Protocol addresses (IP) tracking.