Capture Terms of Use

Share this:

Menu
ABOUT TELENOR ABOUT US TERMS & CONDITIONS CAPTURE TERMS OF USE

Share this:

 

Terms of Use of "Capture" Service in Pubic Mobile Communication Network of Telenor d.o.o. Belgrade

(hereinafter referred to as: Terms of Use)

 
1.    Subject and application
 
1.1. These Terms of Use regulate the conditions for the use of Capture service (hereinafter referred to as the Service) and the provision of the Service by Telenor d.o.o. Belgrade (hereinafter referred to as: Telenor) to natural persons, prepaid and post-paid customers of Telenor (hereinafter referred to as: Customer/s).
1.2. The Terms of Use are binding for Telenor and Customers and shall apply to all relations between them related to the use of the Service, except when agreed otherwise by Telenor and Customers(s).
1.3. To all issues not regulated by the Terms of Use, shall be regulated by the provisions of individual contract concluded between Telenor and Customer (hereinafter referred to as the Customer Contract), provisions of the General Terms for the Provision and Use of Services in Public Mobile Communication Network of Telenor d.o.o. Belgrade (hereinafter referred to as: General Terms) and valid laws and regulations of the Republic of Serbia shall apply.
1.4. Telenor shall have the right to change the Terms of Use. All changes shall be published on internet site www.telenor.rs and shall be binding for Telenor and the Customer, after the expiry of 30 (thirty) days as of the publication on the mentioned internet site. In case of amendments to the Terms of Use, the Customer shall be entitled to deactivate the Service at no fees and charges.


2.   Service description

 

2.1. The Service is an internet storage service which enables Customer to save, view and share photos and files between devices and persons. The Service is supported by mobile platforms with iOS (7.0 or later versions) and Android (4.0 and newer) operating systems or over the Web. The Customers have a possibility to add photos and files (hereinafter referred to as: Content) from all supported devices and view them in the adequate way on all supported devices. The Customer can also choose to share the Content with other persons at his/her own discretion. The Service is designed for photos, but also supports majority of types of files.

2.2. In order to use the Service via a Web browser, mobile phone or tablet, the Customer must be connected to a WiFi network or data transfer network.

2.3. The Customer may automatically receive new versions of the Service, if the Customer configures his/her device to automatic reception of new versions of the Service.

2.4. The price of the Service and commercial Terms of Use of the Service shall be determined by Telenor, in line with Telenor business policy and the Price list published on its internet site www.telenor.rs. Telenor is authorised to change the prices of the Service and/or commercial terms, but Telenor shall have the obligation to notify the Customer about such changes in advance by publishing the changes on its internet site www.telenor.rs .


3.   Provision of the Service by Telenor

 

3.1 Telenor shall provide the Service on the basis of a contract concluded between Telenor and Telenor Digital, a company founded according to the laws of Norway with registration number 996516288 and registered seat at the address: Snarøyveien 30, 1331 Fornebu, Norway (hereinafter referred to as: Telenor Digital).

3.2 By activating the Service, as described in Chapter 4 hereof, the Customer shall confirm that he/she has been informed and agrees:

  • that Telenor and/or Telenor Digital may engage third natural and/or legal persons for the purpose of enabling the provision of the Service to the Customer;
  • that servers on which the platform for the Service is in Norway and that they are owned by Telenor Digital;
  • that the Service and Content may be stored on servers which are not used and/or are not owned by Telenor and/or Telenor Digital, but are used and/or are owned by Amazon (hereinafter referred to as: Amazon);
  • that the servers on which the Service and the Content are placed may also be located in other countries, not in Serbia and/or Norway, and agrees that the Service and Content may be placed on these servers;
  • to the Terms of Use of Amazon which are published on its internet site www.amazon.com .
3.3 The Customer agrees that Telenor and/or Telenor Digital and/or third parties engaged in providing the Service, including but not limited to Amazon, may make modifications on servers which are necessary for the provision of the Service.
3.4 By accepting these Terms, the Customer confirms that he/she has been informed that Telenor shall not be accountable for Service functionalities and that the Service functionalities are the sole responsibility of Telenor Digital to the extent envisaged by the Service Terms of Use of Telenor Digital.
3.5 Telenor shall provide Service users with a special quantity of internet traffic for the use of the Service and a certain quantity of space on servers for storing the Content. In cases when the Customer activates the Service over the application or My Telenor web portal, the specified special quantity of the internet traffic and the specified quantity of space for storing the contents on servers shall be allocated to a Customer after requesting service activation, whereafter the Customer shall be download the application from a specific market depending on the operating system which the Customer is using on his/her mobile phone, i.e. tablet.
3.6 Apart from the traffic specified in the preceding Article, there is a certain amount of traffic intended for application analysis, statistics and errors in the application, which the Capture application sends to various servers for the stated fields, independently from the Service. The traffic realised in this way shall not be included in the traffic assigned for the use of the Service, so that there is a possibility of additional costs for the this traffic, although they will be the minimal (up to 1% of the traffic the Customer made over Capture application), because it is guaranteed that the application shall report all errors to Telenor Digital and their correction.
3.7 In case a Customer downloads and activates the Service in another way (not over the application or My Telenor web portal, but in another way, e.g. over the Android or iOS market), the Customer shall download the application and register his/her account, whereafter he/she shall receive a SMS about the allocated traffic and space. Only after receiving the SMS, it shall be possible for the Customer to use the specified traffic and storing space, as stated in the preceding Article. It is possible that, due to technical circumstances related to the allocation of rights to use the specified traffic and space, a Customer is not sent the SMS, which means that the Customer has not been allocated the stated traffic and space, in which case the Customer shall be charged for the use of Service in line with the tariff package of the Customer for the use of internet traffic over mobile phone/tablet. In case the Customer does not receive the SMS on the allocation of the specified traffic and space, it is necessary to contact Telenor Customer Centre for the allocation thereof.
3.8 All files deleted by the Customer shall be saved in the Recycle Bin for the next 30 (thirty) days and the Customer may restore them if he/she so wishes. The Customer is free to empty the Recycle Bin whenever he/she wishes. If the Recycle Bin is emptied, it shall not be possible to restore the files from it. If the Customer receives a link from another customer, the Content may be stored at a different location from that of the Customer’s Content. If the Customer stores the Content, it shall be stored in his/her Customer account.


4     Service activation/deactivation

 

4.1 A Customer can activate the Service as follows: in order to activate the Service, a Customer must accept these Terms of Use. After accepting these Terms of Use, the Customer will be redirected to Telenor Digital internet page and the Customer shall accept the Terms of Use, the Contract on Service Use and the Privacy Policy of Telenor Digital in order to activate the Service.

4.2 For the activation of the Service the Customer shall use: a username (e-mail address), a password and mobile phone number. By accepting these Terms of Use and documents listed in the preceding article, the Customer confirms that he/she is informed and agrees:

  • that Telenor shall handle the data collected from the Customer related to providing of the Service, and all the other products and services resulting from the contract relation between Telenor and the Customer;
  • that the Customer shall supply the data described in Article 4.2 hereof and make them accessible to Telenor and Telenor Digital and that concerning the stated data Telenor and Telenor Digital have a position of data handlers;
  • that Telenor and Telenor Digital may use the data stated herein for the purpose of providing the Service;
  • that Telenor and Telenor Digital may submit the data specified herein to persons engaged in the provision of the Service solely for the purpose and to the extent necessary for providing the Service, in which case such persons shall have the position of data processors.
The provisions hereof do not refer to the password which is solely owned by the Customer and Telenor and/or Telenor shall not have access to it.
4.3 Telenor or Telenor Digital shall send the SMS message to the Customer for the verification of Service activation. After activation of the Service, the Customer shall use his/her username and password, but the Customer may also change his/her password after activation and any time thereafter.
4.4 The Customer shall have the obligation to provide correct, full and clear information for the activation of the Service, such as are necessary for its activation.
4.5 The Customer shall have the obligation to protect and safeguard his/her username and password and immediately notify Telenor about any unauthorized use of the Customer’s username and/or password and/or any other safety violation.
4.6 The Customer shall be solely responsible for the use of his/her password. The Customer shall not be authorized to disclose his/her password to third parties. If the Customer discloses his/her password or any other information related to his/her account to third parties, it is recommended to the Customer to change his/her password immediately.
4.7 The Customer is especially prohibited to:

  • choose or use a third party’s identity or password with the intention of personifying that person;
  • use the name of which a third party is the holder;
  • use the identity of Telenor or Telenor Digital at his/her own discretion, which may be considered punishable or inappropriate.

4.8 The Customer may deactivate the Service by filing a request for the service deactivation simultaneously to Telenor and Telenor Digital in electronic form, by e-mail, SMS, in writing. The Service will not be deactivated if the request for deactivation is sent only to one of the specified parties. Prior to filing the said request, the Customer shall have the obligation to download the Content. Telenor and Telenor Digital shall deactivate the Service for the User account within 15 (fifteen) days as of receiving the request and shall not be accountable for the Content if the Customer has failed to download it. Telenor Digital shall delete all personal data made accessible to it by the Customer for providing of the Service within 15 (fifteen) days as of filing the Customer’s request for service deactivation. If the Customer has only deactivated the Service without terminating the contract relation with Telenor, Telenor shall be entitled to continue using all personal data of the Customer according to the contract signed by Telenor and the Customer, General Terms of Use and these Terms of Use, and also on any other grounds according to law.
4.9 Telenor and Telenor Digital may deactivate the Service if the Customer acts contrary to the General Terms of Use, these Terms of Use, the documents listed in Article 4.2 hereof and/or the law. In this case, Telenor and/or Telenor Digital shall suspend the Customer and/or deactivate the Service according to the General Terms and documents specified in Article 4.2 hereof. Telenor and/or Telenor Digital shall reactivate the Service in the manner and under conditions provided by the General Terms and/or documents from Article 4.2 hereof.
4.10 Telenor may deactivate the Service in case of termination of the contract between Telenor and Telenor Digital. Telenor shall inform its Customers about such termination of the Contract. In this case, after the expiry of the period of 15 (fifteen) days ass of the receipt of notification, the Customer shall be transferred to the basic package of the Service. The Customer shall continue to use the basic Service package directly from Telenor Digital on the basis of documents stated in Article 4.2 and accepted by the Customer, except if the Customer explicitly files a request to Telenor Digital for the service deactivation, in which case provisions of Article 4.8 hereof shall apply. In this case, Telenor shall be entitled to continue to use all personal data of the Customer that were made accessible to Telenor by the Customer under to the Contract between Telenor and the Customer, the General Terms and these Terms of Use, as well as on any other grounds according to law.
4.11 The provisions of Article 4.10 hereof shall also apply in case of termination of the contract relation between Telenor and the Customer, except for the provisions that refer to the use of the Customer personal data by Telenor in reference to which the provisions of the General Terms and relevant laws shall apply.
 
5     Privacy and security
 
5.1 At his/her own risk and responsibility, the Customer may share the Content publicly over public networks, e-mail, enable access to the Content to third parties, etc. Any use of the Content or material stored with the Service or obtained by the Customer with the Service shall be at the Customer's own risk. Under no condition shall Telenor and/or Telenor Digital and/or third parties engaged by Telenor for the provision of the Service, including but not limited to Amazon, be responsible for the Content, including but not limited to errors or shortcomings of the Content, or any loss or damage of any kind as the result of the use of Content generated or made accessible with the Service.
5.2 The Customer agrees that Telenor and/or Telenor Digital may use the Customer’s personal data for the preparation and provision of analyses related to the provision and improvement of the Service.
5.3 The Content submitted or received by the Customer with the Service shall be securely stored.
5.4 Links for communication between the platform for the Service and the Content shall be secured by the use of strong encryption.
5.5 If the Customer sells or in any other way surrenders his/her mobile phone to third parties, the Customer should uninstall the Service application and reset his/her mobile phone to factory settings. By resetting to factory settings, the Customer shall avoid making the Content accessible to third parties.
 
6     Content related rights
 
6.1 The Customer reserves the rights over his/her Content supplied, uploaded, or published by the Customer on or with the Service.
6.2 By supplying, uploading and/or publishing the Content on or with the Service, the Customer guarantees Telenor worldwide, non-exclusive, free of charge licence (with the right to sub-licence) to process such Contents in a manner required for providing the Service. Telenor may modify or customize the Contents in order to transfer, publish or distribute the Contents over computer networks and different media and/or make changes in the Contents which are necessary in order to customize and adjust the Contents to the requirements or limitations of any network, devices, services or the media. This licence shall authorise Telenor only to mediate with the Customer’s Contents.
6.3 Telenor shall respect the Customer’s right to privacy and Telenor, Telenor Digital and/or third parties engaged in providing the Service, including but not limited to Amazon, shall have no access to the contents of the Contents, except at the request of a court of law or other relevant state authorities according to law.
6.4 Telenor shall grant the Customer personal, limited, worldwide, free of charge, non-transferrable and non-exclusive licence to use the software provided to the Customer by Telenor as part of the Service for personal use of the Customer. This licence for personal purposes shall enable the Customer to use the Service provided by Telenor according to these Terms of Use.
6.5  The Customer shall be solely responsible for the contents of the Content and for its nature which shall not be offensive, instigate to commit crimes, encourage and/or support discrimination or placing in an unequal position based on race, skin colour, gender, religion, ethnic affiliation, national or other affiliation, represent the distribution of pornographic or other identical or similar contents.
6.6 The Customer shall guarantee that the Contents do not violate copyrights and/or intellectual property rights of third parties and the Customer is solely responsible for the Contents and shall be liable to compensate Telenor for any damages Telenor may have to compensate to third parties, as a consequence of violation of copyrights and/or intellectual property rights of third parties with the Content.
 
7     Content related limitations and the use of service
 
7.1 The Customer shall not undertake any action that are prohibited or prescribed as prohibited by the General Terms and these Terms of Use.
7.2 By accessing or using the Service, the Customer shall particularly not: (i) access, interfere with or use the non-public areas of the Service, Telenor’s internal computer systems, including technical systems of delivery of Telenor’s sub-contractors used in providing the Service, (ii) investigate, browse or test the vulnerability of any system or network or violate or evade any security or authentication measures; (iii) access or seek or attempt to access or browse the Service in any sense (automatically or otherwise) in any other way except over Telenor’s currently accessible, public interfaces provided by Telenor (and solely in line with such terms and provisions), except if the Customer is not specially permitted to do so by a special contract with Telenor; (iv) forge any of TCP/IP package heading or any other part of information heading in an e-mail or post, or in any other way use the Service for sending modified, deceitful information or information with incorrect origin identification; or (v) disturb or interfere with (or attempt to do it) the access of any user, computer or network, including without limitation, sending viruses, overload, overflow, spamming, junk mail, or writing sets of commands for creating  Content in the sense which is contrary to or creates unjustified overload for the Service or users of the Service.
7.3 The Service is intended solely for legitimate individual use.
7.4 If a Customer acts contrary to the provisions of these Terms of Use and/or the provisions of the General Terms, Telenor shall be authorized to disable the Customer from using the Service and/or phone number and/or SIM card, temporarily or permanently, according to the procedure provided by the General Terms.