Article 1 Definitions
- In this agreement, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
- Account: the section created by the User upon registering for the Service which section is maintained by him and which section includes the Personal Data that the User provided during the registration process;
- Agreement: the agreement between SOL United and the User for access to and use of the Service;
- Content: SOL Content and User Content
- Credentials: the User’s username and password or Facebook Twitter or Hyves credentials that are required to access the Account and use the Service;
- Information: any content provided by SOL United by means of the Service, such as the Website;
- Intellectual Property Rights: all the intellectual property rights including but not limited to rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how and related rights;
- Parties SOL United and the User;
- Personal Data: any data that directly or indirectly relates to a natural person;
- Privacy Statement: SOL United’s privacy statement available at http://solutd.com/privacy;
- Profile: the part of the Account which is visible to other Users. The Profile is part of the Account.
- Report the notice which can be used to report infringing Content, available by the feedback button available through the Service;
- Service: all services provided by SOL United, including but not limited to the access to and use of the Website, for the purpose of viewing and sharing Content with regard to the User’s personal favorite SOLs by means of the Website;
- SOL the social opinion leader that provides its SOL Content by means of the Service;
- SOL Content: any audio visual content, pictures, messages and other content of the SOL, available by means of the Service;
- SOL United: the private limited liability company SOL United Benelux B.V., having its registered office at (1087 KA) Amsterdam, the Netherlands at the Valeriusstraat 117;
- User: the natural person registered for an Account;
- User Content: any content provided by the User by means of the Service, including but not limited to Profile information, messages and comments
- Website: all websites, domains, IP-addresses and all underlying pages thereof, owned by SOL United, including but not limited to http://www.solutd.com
- In this agreement, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
Article 2 Scope of the Agreement
- If any provision of this Agreement shall be held to be (partly) illegal or unenforceable, the other provisions of this Agreement will remain in full force and effect. In such a case, SOL United will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.
- In the event of a dispute between the Parties concerning the explanation of a legal term, the Dutch explanation of this term will prevail.
Article 3 Use of the Service
- SOL United hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service and Information solely for personal and non-commercial purposes, under the terms and conditions of this Agreement.
- The User acknowledges and agrees that SOL United does not pre-screen Content posted or transmitted by means of the Service and that SOL United has no influence over the Content provided by means of the Service. SOL United is not liable and/or responsible for the Content provided by means of the Service and/or any use made of the Service by Users and/or SOLs.
- include software or scripts such as viruses or Trojans that can damage or erase computers or data of SOL United, Users, or third parties (such as SOLs) or make it unavailable or inaccessible;
- bypass technical security measures of the computer systems of SOL United or third parties;
- involve unreasonable or disproportionate use of the infrastructure of the computer systems of SOL United or third parties or impede the functionality or functionalities of the Service;
- involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any Content of the Service;
- constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
- infringe any third party’s (such as SOLs) Intellectual Property Rights, privacy rights or any other rights;
- involve any illegal activities or activities that are contrary to morality or public order;
- involve false or misleading information;
- involve otherwise inappropriate use;
- be unlawful in any way whatsoever;
- The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of its data will at all times be borne by the User.
- The Service may contain information that is derived from and/or may refer to third parties' websites or services (for instance via hyperlinks, banners or buttons), such as through the Content. Third party terms or conditions may apply to these websites or services. SOL United has no control over the information and content of these third parties’ websites and services. SOL United does not accept any responsibility and/or liability for this information and content of these third parties’ websites and services.
Article 4 Account
- In order to be able to use the Service optimally, the User has to create an Account in the way as described on the Website. The User may only register a user Account if he/she is a natural person and only on his/her own behalf. By means of the Account, the User can amend, update and/or delete his/her Profile.
- The User is responsible for keeping his/her Credentials confidential. The User is responsible and liable for all use made of the Service by means of his/her Account. As soon as the User knows or has reason to assume that his/her Account has come into the hands of unauthorized persons, the User should inform SOL United of this, notwithstanding his/her own obligations to take immediate effective measures himself, such as changing the password of his/her Account.
- SOL United accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties.
Article 5 Database
Article 6 Intellectual Property Rights
- The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service and/or Information, or to make it available to third parties in any way or for any purpose. The User will also refrain from granting third parties access – remotely or otherwise – to the Service and/or Information or to provide the Service and/or Information to a third party.
- In principle, the User retains all Intellectual Property Rights, if any, that vest in him with regard to any User Content he/she posts by means of the Service. The User agrees and acknowledges that by posting any User Content by means of the Service he/she automatically grants SOL United a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive right to use, reproduce, circulate and make public the content in connection with the Service and to use the User Content on the Website for SOL United’s own marketing and/or promotional purposes in connection with the Service.
Article 7 Privacy
- During the use of the Service, the User provides Personal Data to SOL United. These Personal Data will be saved and processed in accordance with the Privacy Statement (available at http://solutd.com/privacy), and the Dutch Personal Data Protection Act (“Wet bescherming persoonsgegevens”).
Article 8 Report
- In order to stop breaches of any third parties’ rights as soon as possible, SOL United has developed a procedure for reporting allegedly infringing or unlawful Content. Users can send a Report which should contain the information as stated on the Website.
SOL United will study the Report. Based on the information in the Report and/or any other information, SOL United can, at its sole discretion, decide to take the measures it deems appropriate, including but not limited to:
- issuing a warning to the responsible Content provider, such as a User or SOL;
- deactivating the responsible User’s Account;
- deleting the responsible User’s Account; and/or
- deleting the Content.
- SOL United reserves the right to forward the Report to the party responsible for the allegedly infringing or unlawful Content.
- SOL United reserves the right not to meet the requests made in the Report, for instance if it has reasonable grounds to doubt the accuracy of the Report, the validity of the evidence provided or if a balancing of interests requires SOL United to do so. In this context, SOL United may require – for instance – a judicial decision of a competent court in the Netherlands, which judicial decision demonstrates that the material or the activity is manifestly unlawful.
- SOL United will in no event be a party to a dispute between the User and the party that submitted the Report, unless SOL United, at its sole discretion, decides otherwise.
- By issuing a Report, the User will indemnify and hold SOL United harmless against any third-party actions or claims related to the deletion of material or stopping of activities. The indemnification includes all costs and damages SOL United may suffer and has suffered in connection with such action or claim, including – but not limited to – the costs for legal aid.
- SOL United respects and protects the privacy of Users and/or third parties who submit Reports. All personal information that it receives with a Report will always be processed in accordance with article 8.1.
Article 9 Indemnities and interruptions
- SOL United does not warrant that the Service will be error free, complete or up-to-date at all times.
- The User agrees that the Service only provides the functionality and other features as found in the Service at the time of use ("as is"). SOL United does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet or phone connection or as a result of viruses and/or faults/defects. SOL United is not liable towards the User for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service.
- SOL United is entitled to change and/or update the Service and replace the design and lay-out of any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
- SOL United is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of SOL United this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure (“overmacht”). Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to SOL United of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
- SOL United does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions of Facebook or Twitter – allow the use of and/or interaction with the Service.
- The User is responsible and liable for all use he/she makes of the Service, including but not limited to his/her use of his/her Account and/or Profile.
Article 10 Limitation of liability
- SOL United’s liability for attributably failing (“toerekenbare tekortkoming”) to perform the Agreement or any other unlawful act (“onrechtmatige daad”) will be excluded, to the extent allowed by a mandatory or peremptory rule of law.
- The User’s only remedy in the event of an attributable failure or unlawful acts of SOL United, is to discontinue the use of the Service and/or to delete its Account.
- In the event that SOL United is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to an amount of EUR 100.-- per event (a series of connected events being considered as one event). In no event will SOL United’s total, aggregate liability, exceed EUR 200.--.
- The limitations mentioned in the preceding paragraphs of this Article 10 shall not apply if and insofar as the damage or injury is the result of intentional acts (“opzet”) or omissions or gross negligence (“bewuste roekeloosheid”) by SOL United or its managers.
Article 11 Term and termination
- The User is entitled to terminate the Agreement at any time by discontinuing the use of the Service and/or by terminating the Account.
- In addition to the other remedies available to SOL United, SOL United is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to:
- temporarily or permanently terminate the User’s Account and his/her use of the Service in the event that SOL United, at its sole discretion, deems such termination necessary, including but not limited to a violation of articles 3 and/or 6;
- (temporarily) restrict or suspend the User’s activities in connection with the Service or to ban a User from the Service;
- ban a User from using the Service and prevent banned Users from creating a new Account and/or delete Accounts created by banned Users;
- (partly) edit, delete or refuse any content or services within the Service; and/or
- All provisions which are meant to survive the termination of the Agreement, including but not limited to 5, 6, 10, 11 and 14 shall survive such termination.
- After termination, the User’s right to access and use the Service shall cease to exist immediately.
Article 12 Third parties
Article 13 Contact
- Any and all correspondence and communication between the User and SOL United may be undertaken in the English language. In case the User does not understand the English language, he/she must immediately inform SOL United of this.
- SOL United can be contacted by means of the contact details available at http://solutd.com/page/contact.
Article 14 Applicable law and competent court