Terms

SemaMediaData GmbH
- Hereinafter called "SemaMediaData" -

Please read this document carefully before using the website/services of SemaMediaData

  1. Scope
    1. SemaMediaData provides its services based exclusively on these Terms of Service (“Terms”), which also apply to all future business transactions even if they are not expressly agreed again.
    2. SemaMediaData is entitled to change or to supplement these Terms at any time. Changes or additions will only be made by SemaMediaData where through their implementation a neither predictable nor preventable disturbance of the equivalent interest of the contract parties is corrected. The Contract Partner (customer, client, hereafter referred to as the “Partner”) of SemaMediaData has the right to dispute such a change. If the Partner does not voice an objection to the said change within six weeks after receipt of the notification of change, the change, as described in the notification, will become effective. SemaMediaData informs the Partner in written form, which includes the form of an e-mail up, at the onset of the grace period that the notification of change will be considered accepted if the customer does not indicate otherwise in writing within six weeks.
  2. Services of SemaMediaData and Service Offers

    To use the service at the SemaMediaData webseite you must first agree to these binding provisions. Without this agreement, use of the SemaMediaData offer is not possible. SemaMediaData recommends that you print these Terms for your records or save them locally.

    1. Uploaded Files (User Data):
      As a user you are not permitted to upload any multimedia files (user submission) that could be connected to a criminal offense or unlawful activity. The user is solely responsible for all of the data uploaded on his server. SemaMediaData accepts no liability whatsoever for user submissions. User submissions will not be published on the SemaMediadata website. The user may access his own multimedia data, whereby the timeframe in which to do this may be limited to demonstration purposes. The user submissions as well as the results of analysis will be automatically deleted 14 days after the analysis is conducted.
    2. Automatically Generated Files from the Analysis Engine:
      Result files generated from the uploaded data are provided solely for the account owner to download after the analysis operation. These files are not checked in any way by SemaMediaData. Additionally, they are neither published on the SemaMediaData website nor are they made accessible to third parties.
      All result files are automatically deleted 14 days later after the analysis has been conducted.
  3. User Account
    1. Setting up a user account at SemaMediaData is the prerequisite for access to the Services provided. The information requested in order to set up the account is to be submitted completely and truthfully.
    2. When using the services of SemaMediaData, you are responsible for ensuring the confidentiality of your account and password as well as restricting access to your computer. To the extent permitted under the applicable law, you agree to be responsible for all activities that transpire via your account at SemaMediaData or via the corresponding password.
    3. As a user you expressly agree to be solely responsible (both with respect to SemaMediaData as well as with respect to others) for the uploaded multimedia files and the metadata extracted from them (analysis result files).
    4. As a user you expressly agree not to use any type of automatic system, software or scripts in connection with the SemaMediaData website and databases. SemaMediaData also prohibits the blocking, underwriting, modifying or copying of data. The user is however allowed to use the interfaces or software made available in connection with the services offered at the SemaMediaData website.
    5. As a user you are not allowed to use a SemaMediaData Service:
      • if there is a danger that the SemaMediaData Service or theSemaMediaData access will be interrupted, damaged or interfered with in any way, or
      • if the SemaMediaData is to be used for fraudulent purposes or in connection with a criminal or illegal activity.

        SemaMediaData reserves the right to withhold its website services, to close member accounts, or to remove or edit contents if you as a user violate applicable laws, these Terms, or any other applicable rules or guidelines.

  4. Cancellation and Termination of Your User Relationship with SemaMediaData
    1. You may terminate your relationship with SemaMediaData at any time by closing your user account.
    2. SemaMediaData may terminate its relationship with you or terminate your use of its services, the user account or the SemaMediaData any time and without judicial intervention:
      • if you violate any of the Terms laid out in this document;
      • if SemaMediaData has reasonable grounds to suspect that you are using the software, the services and/or the SemaMediaData website in order to break the law or to infringe on the rights of third parties;
      • in cases where SemaMediaData has reasonable grounds to suspect that you are using the SemaMediaData services and/or website with fraudulent intent or that the user account is being used by a third party with fraudulent intent;
      • immediately - if due to a change in legal policy or guidelines it is deemed necessary by a regulatory authority or a person of authority with a legitimate claim;
    3. SemaMediaData effects such a termination by immediately closing your user account so that access to the SemaMediaData user account is no longer possible. SemaMediaData reserves the right to cancel a user account that has been inactive for more than a year.
    4. Following termination of the user’s relationship with SemaMediaData, or closure of the user account, the complete user data is deleted from the SemaMediaData website.
  5. Use of the Services, Software and Website of SemaMediaData
    1. System updates, temporary suspension, technical improvements and maintenance:

      Occasionally it is necessary for SemaMediaData to carry out maintenance on or to update its services, software and SemaMediaData website. SemaMediaData reserves the right to change its services, software and website temporarily or permanently at any time or to interrupt or terminate its services, with or without notifying the user.

      As a user you agree not to make a claim against SemaMediaData in such cases. As a user you agree that neither you nor any third parties will lodge liability claims for changes, interruptions or the termination of individual or all services, software and the website.

    2. Upon complete registration, you receive as user the non-transferable and non-exclusive right to use the services and software via the SemaMediaData website exclusively for yourself and for your own purpose and according to these Terms. Any use of the SemaMediaData services and software that deviates from these Terms requires prior and separate permission in written form from SemaMediaData.
  6. License
    1. As a user you are obligated to carefully read the license declaration of the SemaMediaData software before using the software. By using the software you simultaneously declare yourself to be in agreement with the conditions of the license.
    2. The NER service offered by SemaMediaData is a free, extra service based on the Stanford NER framework and licensed under the GPL. As a user, you can download the source code of the NER services developed by us at Github.
  7. Fees
    1. To use the SemaMediaData it is necessary to purchase credit points. A detailed price list of credit packages is available here
    2. SemaMediaData reserves the right to change the fees of its credits points at any time and without prior notice.
    3. Taxes: SemaMediaData reserves the right to deduct any withholding tax or other indirect tax at the respective percentage (in accordance with the applicable tax laws at the time of purchase) from the credit balance.
  8. Balance and Payment Claims
    1. You may pay for selected services with your SemaMediaData credit points. You can purchase SemaMediaData credit points with all the methods of payment accepted by SemaMediaData. The SemaMediaData credit points you buy will be credited to your user account at the time of purchase.
    2. SemaMediaData reserves the right to remove or change the available methods of payment at its own discretion.
  9. Disclaimer of Warranties
    1. SemaMediaData assumes no warranty or guarantee of any kind for the services offered. As a user you therefore declare yourself in agreement acknowledging that the services, software and website offered may not be error-free. Furthermore, SemaMediaData cannot guarantee that the services, software and website will continuously function without interruption, delay or error.

      SemaMediaData excludes all implied warranties, including those with respect to merchantability, suitability for a particular purpose, proper execution or the observance of third party legal claims.

    2. In particular SemaMediaData does not ensure or guarantee that:
      • the use of its services will satisfy your expectations,
      • your use of the services will not be interrupted or will proceed in a manner that is timely, secure and free of error,
      • information you receive as a result of your use of the services is accurate or reliable or that any errors occurring in the operation or functionality of the software you received as a part of the services will be corrected,
      • the functionality of the SemaMediaData services will not be impaired or destroyed by force majeure, strikes, lockouts, operational breakdowns, or that due to outside interference the structures will not be interrupted, disturbed or destroyed in their operation.
  10. Liability
    1. Claims by the Partner for damages or reimbursement of expenses against SemaMediaData and its agents are excluded with the following exceptions. SemaMediaData is liable for all injuries to life, body and health for which it is at fault as well as for intentional as well as grossly negligent infringement of obligation. SemaMediaData is also liable for damages due to a slightly negligent breach of a contractual obligation (“cardinal obligation”), whereby liability is limited to reasonably foreseeable losses that are typical of the contract, as well as to reasonably foreseeable costs that are typical of the contract.

      Liability for indirect damages and consequential damage - in particular for damages resulting from business interruption and loss of profit - is excluded. Liability is limited to the contract value of the individual transaction.

    2. Subject thereto, you acknowledge as user and agree that SemaMediaData assumes neither contractual or non-contractual liability, nor any other liability, irrespective of whether or not you were informed by SemaMediaData about the possibility of damages or loss. This applies to liability in connection with or based on your use of the SemaMediaData services, software or website.
    3. SemaMediaData is not liable for:
      • any indirect or consequential damage that may apply to you. This includes any loss of profit (whether direct or indirect), any loss of goodwill or loss of business reputation, as well as any loss of data suffered by you.
      • any loss or damages as a consequence of:
        • loss of trust you have placed in the completeness or accuracy of factual claims made in advertising, or based on the results of other advertisers or sponsors;
        • any changes made by SemaMediaData to services or any permanent or temporary adjustments in making the services (or any functions within the services) available;
        • deletion, damage or storage errors related to user submissions and other communication data, or in the use or services contained or transmitted in them;
        • negligence by the user of SemaMediaData for failure to provide SemaMediaData with relevant information concerning the user account;
        • negligence by the user for failure to maintain the secrecy of the password or other details in connection with the SemaMediaData user account.
      • SemaMediaData is not liable for the unauthorized or improper acquisition of personal data by third parties, user submissions as well as analysis results, data of user (for example through unauthorized access by “hackers” to the database and server of the SemaMediaData website).
      • SemaMediaData accepts no responsibility for possible delay, deletion, error transmission or failure to store communication between users or in connection with personally designed areas.
    4. Links from SemaMediaData
      • SemaMediaData websites may contain hyperlinks to other websites that do not belong SemaMediaData.
      • SemaMediaData has no control over and accepts no liability for hyperlinks to other websites that do not belong to SemaMediaData, nor does it accept liability for contents, privacy policies or other activities of external websites.
    5. If and to what extent the liability of SemaMediaData is excluded, also applies to the personal liability of staff, employees, representative, agents and anyone acting on behalf of SemaMediaData.
  11. Confidential Information and Privacy

    SemaMediaData is committed to respecting your privacy and the confidentiality of your personal data (see Privacy Policy).

  12. Subsidary Agreements and Changes to the Contract

    Subsidiary agreements, contract changes and supplements, collateral agreements, reservations, alterations and additions to the contract must be made in writing. This written directive can be waived only by a written agreement.

  13. Jurisdiction, Applicable Law, Contract Language

    1. The place of jurisdiction for all disputes arising from this contract is Potsdam if the contractual Partner is a merchant.
    2. The contractual relationship between the Partners is subject to the law of the Federal Republic of Germany. Application of the United Nations Convention on Contracts for the International Sale of Goods is prohibited.
    3. The language of the contract is German.
  14. General Provisions
    1. If this contract contains an omission or a provision that is or will become wholly or partially invalid, the validity of the remainder of the contract remains intact.
    2. If the invalidity is not based on a breach of Federal German Law §§ 305 ff BGB, but applies instead to a missing or invalid provision, the Partners agree upon a provision that comes closest to the economic intention of the missing or invalid provision.
    3. The contract however becomes invalid in its entirety if adherence to it, also taking into account the change pursuant to Section 14.2, would constitute an unacceptable hardship for either Partner
    4. The place of fulfillment for payments to SemaMediaData is Potsdam.
    5. The rights and obligations contained in the contract may only be transferred with the written consent of the other party.
    6. The Partner hereby agrees that data disclosed in the contractual and business relationship is stored and processed in accordance with the data privacy law by SemaMediaData, or a third party, insofar as this is necessary for the implementation of this agreement.