Terms of use - General Conditions of i-Scope.com

The Website: the website is exploited under the name www.i-scope.com .  The address is: De Steiger 206D, 1351 AW Almere, The Netherlands, Chamber of Commerce number: 3909899, Identification number:  NL817939660 .

Article 1. Definitions.

1.01 Scope: a set of files like text, photo’s, or video’s.

1.02 Sponsor Scope: a Scopes placed as advertisement in particularly page/account.

1.03 Top Scope: a Scope placed as advertisement on the start page.

1.04 Title Scope: a Scope placed on the homepage of an user.

1.05 Banner: Advertisement placed in different sizes on several pages.

1.06 Advertiser:  the person who places an advert/scope on the website.

1.07 User:  the person who, other than an Advertiser, makes use of the website and is registered.

1.08 Member: User with account and ad free scopes

1.09 Visitor: People visiting i-Scope without registration

1.10 Agreement:  a contract between i-Scope and User/Advertiser

1.11 Personal information: information given by companies or privates that leads to their identity like: name, address, city, country and email address.

1.12 Data: All stored files, in MB (megabytes).

1.13 Credits: Calculation term for  Ads, inside scopes from Users. 1 credit = 1 day embedded in one scope.

1.14 Web Shop: Web shop is 1 of more Scopes, using the order- and payment module from i-Scope. 

1.15 Scope group: Scopes of web shops organised in 1 group

1.16 Seller: Companies or persons with 1 of more i-Scope web shops.

1.17 Reseller: Companies or persons that embed a web shop from seller in other websites, webpages, blogs or social media.

1.18 Provision: a Percentage of turnover.

1.19 Embedding: to implement or exporting the i-Scope flash player into other websites or social media.

Article 2. Usability.

2.1  The General Conditions are applicable to the respective relationships between Advertisers and Users, and i-Scope on the other hand.

2.2  There are no other general conditions applicable, except for those stated here. Conditions of Sellers and Resellers is an adjustment.

Article 3. Placement of Advertisements.

3.1  A contract between the Advertiser and i-Scope comes about by placing a scope on the website. The tariffs, other conditions and codes of conduct, are applicable as found on the website, including these General Conditions.

3.2  By offering a Scope for placement the Advertiser gives i-Scope permission to place the Scope information in the advert on the website, including any enclosed photo and video material.

3.3  i-Scope will expert all reasonable effort to ensure that the Advertiser receives reactions to his advert. This is through making the website as widely available as possible, by making Categories available, by keeping the website attractive to viewers through the use of the best updates, and by ensuring that the website stays in peoples’ attention in general. i-Scope is notably not a party to any contract which an Advertiser and User may enter into from contact via the website.

3.4 Every user, can upload Unlimited quantities of Scopes/Web shops, within also Unlimited quantity of files. However i-Scope will keep the rights to limit to store the amount of data.

3.5 Every user without a premium account will see ads in his/her Scopes/Web-shops. We can also place ads in other pages in users profile.

3.6 Ads are also shown in the embedded players, which are made without premium account.

Article 4. Business / Private Person use.

4.1     i-Scope is distinguished between private and business customers.

4.2     In connection with the billing, it is important to specify whether your business or personal advertising

4.3    According to its own judgement, i-Scope reserves the right to block immediately, or remove the placement of any Scope/Web-shops where the Business /or Private Person details are not correctly.

4.4    All amounts for premium accounts are excl. VAT for company enterprises.

4.5    All amounts for premium accounts are incl. VAT for private individuals.

4.6    The i-Scope platform is used by individuals and companies, everyone is free to use i-Scope as CMS (Control Management System)

4.7    The I-Scope multimedia players/web-shops can be exported to other web sites, web pages, web logs and social media.

4.8    I-Scope allows to all users to make web-shops and became a Seller.

4.9    I-Scope allows that users make their own group of web-shops, consisting web-shops from other Sellers. These groups can be embedded in other websites, web pages, weblogs or social media. These users will be Resellers and received from Seller a commission on the paid and delivered sales, coming out of Resellers group.

4.10Seller may exclude individual resellers and shop from a certain group here. Reseller will lose his  rights from the date of termination

Artikel 5 Subscription– Premium account

5.1 If you don’t wanted to see any ads in your Scopes/Web-shops you can buy a premium account. The amount depends on the quantity of Scopes/Web-shops you like to present without ads. The amount you pay is a yearly fee.
5.2 i-Scope is authorized to change her prices. These prices are valid only for new subscriptions.
5.3 i-Scope can decide to change their business model and make other- and new services only available for premium account holders.

Article 6. Content.

6.1 The Customer shall ensure that the description of a product or service offered corresponds to reality and therefore is correct and complete.

6.2 The User has the right to place photo and/or video material or text.

6.3 The information in the Scope must be in line with the rules of publication as published on the website in Help centre. The text is herewith implemented and repeated.

6.4 i-Scope reserves the right, without giving reasons Scopes / webshops prematurely removed from the public and put it back to private access. The Customer shall not in any of the cases referred to in this paragraph entitled to a refund or any form of compensation.

6.5 If user offered a product, than user should mention a minimum price. Otherwise we can not place the article

6.6 The user has the obligation to delete or change the Article from his Web-shop, if the published product is not longer available.

6.7 If User creates a Web-shop, i-Scope will ask user the bank details and additional information to create in user’s the profile. This information is secured only for internal use.

Article 7.  Payment/ (Debt) Collection.

7.1 Premium accounts are paid through the payment module in the website and are valid for one year.

7.2 Where extra paid content is applicable i-Scope will ensure that the scope/advert is placed directly higher in the hit list on the website. The Advertiser will receive an invoice by e-mail with a direct debit or invoice may be paid differently, depending on each country.

7.3 i-Scope is authorised to exclude an Advertiser from further use of the Website if they act in a way that is contrary to the intended payment procedure.  

7.4 If payment (from the Advertiser to i-Scope) is not forthcoming and i-Scope is necessitated to take measures to retrieve payments owed to it, or seek legal assistance, then all costs resulting from such procedures will be charged to the Advertiser with a minimum of € 350.00

7.5 Received payments will not be refunded by i-Scope. At the discretion of i-Scope, in certain circumstances, payments may be added to the credit of the Advertiser.

7.6 All transactions through online Web-shops will collect from the payment module of i-Scope. The amounts we received in your name and transfer it to Seller / Reseller - / - 2% commission + the cost of the bank transfer.
7.7 End users whom ordered products from Seller and paid them via the i-Scope payment module and cancel the delivery because Seller exceeded delivery time  with at least 120 days, will be refunded - / - 2% i-Scope fee + cost of bank transfer.
7.8 Resellers receive a commission of at least 5% of the paid and delivered goods, sold through the embedded web shops that are initiated by Reseller.

Article 8.  Indemnification.

8.1   The User will ensure that the Web-shop itself and/or the products/services included in the Web-shop do not infringe on the privacy of others, including intellectual ownership rights; and that they do not go against any law and/or ruling, that they are not offensive, obscene, insulting, incorrect or misleading in any way.

8.2   It is the responsibility of the User to safeguard i-Scope against any/and all claims from third parties based on any assertions arising from article 11.3. The Advertiser is liable for all legal defence costs which i-Scope incurs in this regard.

Article 9. Restricted liability.

9.1 i-Scope is not liable for damages incurred directly or indirectly from the use of customers or visitors to the Website. H @ W is not liable for conduct of Customers or Visitors for the content of Scopes / or Web shops for the products and services offered.

9.2 The information provided by H @ W itself on the Website is loaded with great care. Nevertheless, H @ W is not liable for any errors therein or omissions occurred.

9.3 The liability of i-Scope for her responsibilities based on the agreements made with the Advertiser is further restricted solely to the amount that the Advertiser has paid/ is charged, for the placement of extra content in connection with the Advertisement.

9.4 Any liability for consequential damages of Advertisers or Users, including consequential damages, lost profits, lost savings, damage and business interruption damages for loss of data, is expressly excluded.

Article 10. Email Service desk.

10.1 For its Advertisers and Users i-Scope has provides a Service desk where questions can be asked via  Email about the placement of scopes/web-shops.

10.2 The Service desk will answer the questions to the best of their knowledge and ability. However, the use  of any advice is at the user´s discretion. i-Scope cannot be held responsible for possible damage arising as a result of advice given by the Service desk.

Article 11. Use of personal information.

11.1  If use is made of the website, information including (though not solely) name/ address/ postal code/ city/ Email address, must be correct and up-to-date. The User guarantees to be legally qualified to use the website in any way.

11.2  H@W BV / i-Scope in Almere (NL)  is responsible for the information data processing.

11.3  A User’s personal information will only be passed on to third parties within the strict guidelines of our privacy policy, when there is a technical necessity for  this, or to comply with a formal request for information from an official investigative civil servant and/or agencies who are responsible for law enforcement concerning website misuse. In this last case IP address details may also be given when asked for by authorised parties.

11.4  The website also records general visitor information for the purposes of optimising the use of the website.

11.5  Cookies are small bits of information (small files) which a website leaves behind on your computer. i-Scope uses Cookies to make navigation within the website easier, to analyse the visitor’s behavioural use of the website and thereby optimize its functioning. This Cookie information can also be used to more specifically direct and place additional information on the website. Cookies are also used to gather information about clients for purposes of specific communication, including giving service information about our products and specific marketing activities centered around the i-Scope products. The processing of Cookies is partly done through third parties, however they do not have any direct access to the User’s actual personal information.  

11.6  Users and Advertisers are only allowed to make use of website processed (personal) information when making a mutual contract. All other uses are prohibited, including:

the sending of (blanket) Emails where the content has no specific relevance to the Advertisement content, irrespective of whether the messages have a commercial purpose such as the collection of Email addresses of Users and/or Advertisers.

Article 12. Security.

12.1  i-Scope does everything within reason to guard against loss, or any form of unauthorized use/access and organizes suitable technical and organizational measures whereby, amongst other things, the present state of the technology is accommodated for.

12.2  However, i-Scope is not responsible for any loss of personal information, damage to files, unlawful access to computers or files,  Advertisement-spread viruses, or other unlawful programmes or files, or any other consequence arising from improper use of the website. 

Article 13. Third party sites and services.

13.1  The i-Scope website and Advertisements may contain certain references (e.g. via the use of a hyperlink, banner, or button) to the Spaces of third parties,  i-Scope will link through to other URL’s, or to other websites.

13.2  If, and in so far as, use is made of the services of external service providers (including Ideal, credit-card companies, SMS services or telephone companies, then the general and privacy conditions of these service providers are applicable. i-Scope is not liable for the legal supervision, or policy of these service providers.

Article 14. Feedback.

14.1  Users of i-Scope.com are able to give feedback concerning the course of the contract they have with an Advertiser.

14.2  Where a User misuses this service, or acts unlawfully (including using abusive language) when giving feedback, then i-Scope may block the User from access to the Website.

Article 15. Registered User (RU)

15.1  Users, or Buyers, may choose to register themselves on i-Scope.com . In this way they can then make direct contact with Seller and Reseller and Log in with their own User name and password.

15.2  Making contact with Seller on the i-Scope website is voluntary and serves to facilitate easy, quick, effective communication between both parties. The eventual resultant Agreement is made directly between the Advertiser and the RU. i-Scope is not party to this Agreement and plays no further role in the negotiations whatsoever.

Article 16. Exclusions.

16.1  i-Scope reserves the right to exclude any Advertiser and/or User/Buyer from using the website if in any way National Laws, Public  Order, Common Decency, and/or the i-Scope General Conditions are broken.   

16.2 Such exclusion shall prejudice the right of H @ W to legal measures and / or damages.

Article 17. Intellectual Property.

17.1  All intellectual property rights concerning the i-Scope Website; implicitly including all texts, images, design, photo’s, picture and/or sound material, formats, software, brands and domain names, are the exclusive property of i-Scope and her licensees. 

17.2  Advertisers and/or Users/Buyers are explicitly forbidden to duplicate and/or copy the Website, or parts of it, or to make anything available in any other form, without express permission from i-Scope.

Article 18. Final Conditions.

18.1  Invalidity of any provision of these terms will not affect the binding of the remaining provisions.

18.2  The General Conditions are primarily subject to the Civil Laws of The Netherlands. All conflicts arising from the use of this agreement, which cannot be settled to the reasonable satisfaction of both parties, will be brought to the attention of the authorized judges in the Amsterdam law courts.

18.3  These General Conditions may occasionally be changed by i-Scope. The updated version will be directly posted on the Website and will then be immediately applicable.

18.4 These terms have been specifically allows for H @ W and its i-Scope platform and can be seen as a complementary to the standards, values and rules common in the Internet industry.

Almere, the Netherlands 2011