APRIL 9TH 2014

SEZION'S TERMS OF USE

Please read these Terms of Use carefully, as they provide all pertinent information regarding your rights and oblitaions as a Sezion user.

Here in, you will learn about the use and applications of Sezion website, along with procedures for complaints and conflict resolution.

1. FOR WHOM AND TO WHAT DO THESE TERMS APPLY

1.1 Your use of Sezion Service with all contents, features, Services and rules (the “Service”) is governed by this legal agreement (the “Terms”). The Service is administered by Sezion Digital S.L., located at Calle Gandía 1 – L9A, 28007 – Madrid, Spain. By using the Service, you are agreeing to these Terms. The subject of the agreement is the use of the Sezion services on any platform.

1.2 The various Services and/or applications regulated by the present Terms are administrated by Sezion Digital, S.L., an entity whose operations are established in Spain. While these Services and/or applications may be accessed from outside of Spain, you understand and agree that they are to be used by any person or entity in any country or jurisdiction in which the use of these Services and/or applications does not violate the local laws or regulations in force. Likewise, it is possible that, due to technical and/or legal limitations, some of the features and/or Services of Sezion are not available or do not function correctly in all countries.

1.3 The Service is rendered to businesses as well as consumers. Likewise these Terms apply to both, consumers and businesses.

1.4 As a general rule, access to the Service is prohibited to those individuals under 18 years of age. If you are 18 or older, but under the age of majority in your country of residence, you need to review this agreement with your parent or guardian and get the necessary consent to enter in an agreement with Sezion to use the Service. You may use the Service only if you can form a binding contract with Sezion and are not barred under any applicable laws from doing so. Upon accepting these Terms of Use, you declare that you are at least 18 years old and can take full responsibility for said declaration. Sezion can contact you at any time and require proof of age. If you do not provide us the requested documentation within the granted time period, Sezion reserves the right to deactivate or delete your account. The information contained within the document of identification provided to us will be used exclusively by authorized Sezion personnel for the single objective of data verification and will, under no circumstances, be used for any other purpose.

1.5 Your general Terms and conditions will become part of this agreement only if expressly agreed in writing between us.

1.6 These Terms apply to the access and use of the Service both through the website provided under the domain name www.sezion.com (“Website”) and through applications that Sezion may make available to users for mobile devices through “Marketplaces” and/or “App Stores” or alike, along with all the contents that are displayed or made available to users within the Service.

1.7 We reserve the right to modify these Terms of Use at any time for any reason with an appropriate announcement period of at least four weeks. Users will be notified of changes to these Terms of Use through publication of the Terms on the website www.sezion.com and pop-up announcements posted on user´s profile or an email. If after the expiration of the date of effectiveness of changes to these Terms of Use you continue using the Service, it will be deemed that you have read and accepted said changes. If you decide that you are unwilling or unable to comply with any changes made to these Terms of Use, you can terminate your use of the Service by following the provided procedures for deleting your Profile.

1.8 The collection and treatment of your personal information, along with your rights regarding such information, are subject to these Terms of Use and the Privacy and Personal Data Protection Policy.

2. SERVICE DESCRIPTION

2.1 Sezion is offers services, tools and solutions to help any company, developer or consumer build online video experiences in a fast, scalable and simple way. From no-coding-required video solutions for any web, to video SDKs, a video API and an online video editing Script language, Sezion can automatically edit all the videos uploaded to Coursera, adding a video intro to them, as well as logos, texts... and even improving the quality of the main content. It can also automatically generate a video for each of the products on Nike's online catalog from the information in their databases (images, descriptions, prices, etc...)

3. USER ACCOUNT AND FUNCTIONING OF SEZION

3.1 Users have access to free or/and paying accounts. Please visit our Solutions and Pricing pages to know in detail the characteristics of each account.

3.2 The characteristics of any account and / or product, solution, service or tool offered by Sezion may vary at any time. Sezion will notify users of any such changes through the appropriate medium.

4. REGISTRATION, FORMATION OF THE AGREEMENT

4.1 You must register to use Sezion. With your registration, you confirm that you do not yet have an account with Sezion (the “Account”) or that you have deleted your old Account. Each user may register only once and have only one active Account.

4.2 To register with Sezion you must enter the required information truthfully and completely, unless they are marked as optional, as well as accept these Terms. A registration under false name or incorrect data is expressly prohibited. If Sezion becomes aware of false information related with an Account, we may deactivate or delete the Account in accordance with these Terms of Use. In case of changes, you must update all data immediately so that we can ensure smooth use.

4.3 After the registration we will send you a confirmation of your registration by e-mail. The registration process is completed only after you received this e-mail and activated your Account by clicking on the link included in the e-mail.

4.4 You are responsible for maintaining the confidentiality of your password. This means that you must keep your access password secret, may not disclose it, will not tolerate or allow it to be known by third parties and take the necessary measures to ensure confidentiality. In case of actual or suspected misuse or loss of this information, you are obliged to notify us immediately by e-mail at the e-mail address: help@sezion.com.

4.5 Access to the Service implies your commitment and obligation to its adequate use under the applicable laws and these Terms.

5. USE OF SEZION: RIGHTS AND OBLIGATION

5.1 You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.

5.2 You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Sezion if you learn of any unauthorized use of your Account.

5.3 You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not:
a) Reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law;
b) Attempt to disable or circumvent any security mechanisms used by the Service;
c) Probe, scan, or test the vulnerability of any system or network;
d) Breach or otherwise circumvent any security or authentication measures;
e) Access, tamper with, or use non-public areas of the Service;
f) Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service;
g) Plant malware or otherwise use the Service to distribute malware;
h) Access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”).

5.4 You may not use the Service to send advertisements or commercial communications, transmit messages for the purpose of advertising, or collecting information for such purposes. Prohibited commercial and marketing activities include, but are not limited to, the following:
a) Use the Service to mass or repetitive messages to a group of people, whatever the goal or purpose;
b) Collect or compile email addresses or other contact information of users for the purpose of sending unsolicited email messages or other communications;
c) Host, store, disclose publish, distribute, or provide unsolicited or unauthorized advertisements, illicit offers, promotional material, “junk mail”, spam, “chain letters” or similar types of communication;
d) Seek, request or solicit other users personal information or passwords;
e) Create a false identity, provide and / or use false information in an Account, make false declarations or statements, or provide false information about yourself, other persons and / or your relation to them;
f) Register an Account in the name of another person´s identity, in particular, the impersonation of another person;
g) Use the Service to organize any type of gambling, bidding, or gaming that entails the payment of money or other objects of economic value.

5.5 When using Sezion you must observe all applicable laws and other regulations whether national or international. In particular, you may not distribute data or content, which violate regulations or infringe third-party intellectual property rights, copyrights or other rights of third parties. You are solely responsible for the information and content provided by you. We neither review the contents for their accuracy nor check for viruses or virus-related processibility.

5.6 You may not make publicly available any data or content with the deception of violence or pornographic, discriminatory, offensive, racist, defamatory or other illegal contents or depictions.

5.7 Contents and texts posted at Sezion may not be copied, distributed or otherwise made publicly available without permission from the proprietor of the right, unless this is permitted by law.

5.8 The realization of any of the aforementioned activities or behaviors with or without economic gain or your use of the Service or other behavior intentionally or unintentionally threatens or is suspected to threaten our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include temporarily or final suspension of your access to the Service. Both you and we can delete content at any time. In particular, we are entitled to remove content without prior notification if and insofar as any concrete evidence exists that their publication at Sezion violates any legal regulations, public morals and / or third-party rights.

5.9 You agree to indemnify us and hold us harmless from and against all claims, including claims for damages, made against us by other users or third parties, including government agencies, as a result of a violation of their rights by the content posted by you on Sezion or by the use of Sezion itself. You will assume all reasonable expenses, including all reasonable costs incurred for reasonable legal defense, we incur due to an infringement of third-party rights by you.

5.10 The above described obligations apply only to the extent that you are responsible for the relevant infringement, i.e. that you acted knowingly or willingly or failed to exercise the necessary care required in commercial dealings.

5.11 Sezion does neither apply any means to establish certainty whether a registered user of Sezion actually is the person or representative of a business entity nor if the person is legally authorized to represent the registrant.

5.12 If you notice or suspect use of Sezion in violation of the law or this agreement, you can report it to us at any time via the e-mail address: …

6. LIABILITIES

6.1 A defect exists whenever the suitability for use in accordance with this agreement is suspended or significantly reduced. You are not entitled to claims for damages because of a defect in Sezion that existed at the time the agreement entered into effect.

6.2 Under no circumstances will Sezion be responsible for problems of access, availability and continuity of the Service and / or the mobile applications that permit access from a mobile device and / or the various features it includes when those problems are caused by external factors outside our control and activity. Examples include, but are not limited to,
a) Problems with your computer or device, available bandwidth, speed of your Internet connection, geographical location, etc.
b) The presence of a virus or other element that may cause alterations in your computer system and / or mobile device
c) Loss and / or damages that you might experience as a result of unauthorized third parties accessing and / or using your Account as a user of the Service.

6.3 Any claims of users for damages are excluded. This does not apply for claims for damages by the user due to injury to life, limb or health or due to the violation of material contractual obligations (cardinal obligations) and the liability for other damage based on intentional or grossly negligent breach of duty by us.

6.4 In case of violation of material contractual obligations we are liable only to the typical contractual, foreseeable damage if this was caused by simple negligence. Material contractual obligations within the meaning of these Terms are obligations that permit the proper execution of the agreement and the achievement of its purposes as well as the compliance of which the user can regularly rely on.

6.5 The limitations also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

6.6 Customer acknowledges that data storage is not guaranteed by Sezion and agrees that Sezion not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to the loss or deletion of Customer Data.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

7.1 Sezion holds all intellectual and industrial property rights related to the Service, along with the mobile applications offered by Sezion that permit the access to the Service from all kind of devices, with the exception of content published by users, who maintain all rights to their content, as outlined in the following section. Sezion, through these Terms and as owner of the Service, grants you a limited license, revocable and not to be sublicensed, for the use of the Service.

7.2 As a noted exception to said license, it is absolutely prohibited to reproduce, distribute, publicly communicate, modify, or exploit all or part of the content (images, texts, design, indexes, forms, videos, etc.) that forms part of the website, along with the databases and software necessary for its visualization or use without having first received Sezion express written consent for such activities.

7.3 Likewise, Sezion holds and maintains all rights related to the Application and, inasmuch, exclusively grants the user (licensee) the right to download, install, and use the Application in a mobile phone or other compatible device, in line with the uses for which the Application was designed and, in particular, in compliance with our Terms and all applicable laws. The user does not obtain any ownership rights over the Application by downloading, installing, or using it. Consequently Sezion reserves all rights not expressly granted to the user within these Terms.

8. COMPENSATION AND BILLING

8.1 The compensation for the use of Sezion to any business, developer or user is covered by the payment for the Services or/and Applications that Sezion may make available to users for mobile devices through “Marketplaces” and/or “App Stores” or alike, as well as Sezion’s websites.

8.2 Apart from the aforementioned price for the Services and/or Applications, we do not charge any price or fee for your access to the Service from a mobile device. However, your mobile Service provider will apply the data transfer rates and fees stipulated for the Services you have contracted with them. Consequently, your use confirms your understanding and acceptance that your mobile Service provider may charge you for Internet access, and/or other activity using the Service through a mobile network. In following with the aforementioned, your mobile Service provider may charge you for the use of the mobile network associated with the download and/or use of said application; these charges are not associated with Sezion. We recommend that you check with your mobile Service provider about the prices and fees that may apply when you download a mobile application provided by Sezion and/or you use the Service from your mobile device, along with any restrictions that may apply.

8.3 Remember that you are fully and solely responsible for paying the bills and/or any costs you may incur as a result of accessing the Service from your mobile phone or device, based on the rates you have contracted with your Service provider. Sezion takes no responsibility for the restrictions that your mobile Service provider may place on the Service or that may prevent the Service from working properly. Inasmuch, you are responsible for knowing if your mobile Service provider, your contracted rates, and your mobile device are adequate for accessing the Service and/or using the mobile applications made available by Sezion. Sezion does not accept any responsibility for errors or interruptions in the telecommunications network used by your mobile Service provider, nor for loss or damage to your mobile device. In case of such events, you are solely responsible for contacting your mobile Service provider immediately to avoid incorrect or unauthorized use of your mobile device. Likewise, Sezion does not accept any responsibility related to errors, incompatibilities, and/or damage to your mobile device that may be caused by the download and/or use of Sezion mobile application(s).

8.4 Likewise, we inform you that the Sezion mobile applications and/or some of its features may not be available and/or function correctly with all telecommunications providers or with all mobile devices, and it may not always be available in every location, country, or moment. Additionally, the availability and quality of the Service in your mobile phone can vary based on a variety of factors including the device you are using, your geographical location, your available bandwidth, and/or the speed of your internet connection. It is your responsibility to ensure that the devices and infrastructures available to you are adequate for the correct use and operation of the Service. All users that are interested in utilizing the Service in their mobile device can access the Sezion page designed for mobile devices, available through domain name www.sezion.com, or download the Sezion applications to their mobile device in the case that these applications are available and compatible with the mobile device in use.

8.5 Customer agrees to pay the usage fees set forth in the Pricing page. In addition, if applicable, Customer agrees to pay any applicable support fees in connection with Customer’s order of any support services pursuant to the Support Terms.

8.6 Customer acknowledges that, in the event Customer’s usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Section 8, Sezion will be entitled suspend the Sezion Services associated with Customer's account without prior notice to Customer. Sezion will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of Sezion Services pursuant to this Section 8.

9. REFUNDS AND ACCOUNT TERMINATION

9.1 If, for any reason, Sezion fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Sezion to suspend or terminate your services prematurely.

9.2 In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

10. DURATION AND TERMINATION OF THE USER AGREEMENT

10.1 The agreement is formed for an indefinite time. You can terminate the agreement at any time by deleting your Sezion Account.

10.2 The agreement may also be terminated by either part for good cause. A good cause that entitles Sezion to termination exists, in particular, if you violate contractual obligations, in particular the rules of use of Sezion.

10.3 You are fully responsible to make a back up of all the content you enter into Sezion, such as images, videos, texts, sounds, fonts and comments. When your account will be deleted by you or by us, also all your content will be deleted and you will not be able to access it any longer.

11. MISCELLANEUS: CONCLUDING PROVISIONS

11.1 This agreement is governed by Spanish laws and jurisdiction is at the registered place of business of Granada, with the exception that provisions of the home country law of a consumer do still apply as far as the they grant better protection to the consumer.

11.2 If any provision of these Terms of Use is or becomes invalid and / or contradicts the statutory regulations, the validity of the remaining provisions of these Terms of Use shall not be affected. The ineffective provision shall be replaced by mutual agreement of the contracting parties by such a provision which comes closest to the commercial purpose of the ineffective provision with legal effect. The above regulation shall apply mutatis mutandis in case of gaps.