POLYAMORIE TERMS OF USE
These Terms of Use are applicable to your use of the Polyamorie offered by POLYAMORIE. Please read these Terms of Use carefully so that you know what your rights and obligations are when you use the Polyamorie. By using the Polyamorie or the Website in any way whatsoever, you accept being bound to these Terms of Use. You can download these Terms of Use (pdf document).
1. Definitions
The following terms, indicated with a capital, shall have the following meaning:
Account: a personal section created by you when you sign in to the Polyamorie and containing personal data and your Digital Polyamorie DNA.
Auteur: user who can make use of the Premium Services offered by Polyamorie
Applicant: the person or business submitting a Notice.
Circle: a private online within the Polyamorie, which can only be joined by Users who received an invitation and the contents of which, including User Content, can only be viewed by members of the Circle.
Database: the aggregated (personal) details of all Users that are registered by Polyamorie, including your Digital Polyamorie DNA.
Digital Polyamorie DNA: your online profile created by Polyamorie based on the preferences you submit during the creation of your Account and on your subsequent behavior on the Website and your use of the Polyamorie, including the information and data which make up your Account.
Events: offline events organized by Users via the Polyamorie.
Information: all material placed on the Website or made accessible via the Polyamorie. For the avoidance of doubt, User Content is not included in the Information.
Intellectual Property Rights: all intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as rights to know-how and one-line performances.
POLYAMORIE: the company having its registered office at Huijghenslaan 1 in (6824 JA) Arnhem and listed at the Chamber of Commerce under number 09208209.
Polyamorie Applications: remotely accessible web-based functionalities of Polyamorie, such as the functionality to organize Events.
Polyamorie: the service provided to you by Polyamorie (partly free of charge) via the Website and which is described on the Website and in Clause 3 hereof. The term Polyamorie shall include Polyamorie Applications.
Notice: a complete and correctly filled out form by which alleged illegal User Content is reported to Polyamorie pursuant to the Notice of Alleged Illegal User Content http://localhost/polyamorie/files/NoticeOfAllegedIllegalContent.pdf and in accordance with the Conditions for Notice of Alleged Illegal User Content http://localhost/polyamorie/files/ConditionsforNoticeofAllegedIllegalContent.pdf.
Password: the password given by you during the creation of your Account.
Premium Services: services provided by Polyamorie to Auteurs, under certain conditions.
Group: a public online within the Polyamorie, which all Users may join and the contents of which, including User Content, can be viewed by anyone.
User: a natural person who has created an Account and is using the Polyamorie.
User Content: all material placed on the Website or made accessible via the Polyamorie by Users including, but not limited to, comments, blogs, messages, audiovisual material and the announcement of events.
User Name: the Polyamorie name chosen by you during the creation of your Account and under which you log in to Polyamorie.
Website: the website of Polyamorie, www.Polyamorie.nl, including all the sub-domains and other websites operated by POLYAMORIE.
2. Applicability and amendment of Terms of Use
2.1 These Terms of Use are applicable to any use you make of the Polyamorie or the Website.
2.2 Polyamorie is entitled to amend, update or supplement these Terms of Use at any time. Any amended, updated or supplemented Terms of Use can be found on the Website. If any modifications to these Terms of Use significantly alter your rights or obligations, Polyamorie will notify you by means of a message on the Website and via a system notification message.
2.3 By using the Polyamorie or the Website after these Terms of Use have been amended or updated, you irrevocably accept the new Terms of Use. If you don not agree with any amendments, updates or supplements, your only remedy is to no longer use the Polyamorie and to terminate your Account. Polyamorie therefore recommends that you regularly consult the Terms of Use.
3. The Polyamorie
3.1 The Polyamorie can be described as a social networking platform. Polyamorie is more in particular an online social for everyone with a passion to share their knowledge, ideas and experiences with others. The Polyamorie offers for instance the possibility to contact other Users online and to create (public or private) online networks by inviting them to join a via the Polyamorie, to write web logs and to upload User Content. The Polyamorie also offers tools to contact other Users offline and to organize events.
3.2 By analyzing your Digital Polyamorie DNA, Polyamorie will provide you with or display to you the most relevant User Content, Information and events.
3.3 You accept and agree that the Polyamorie is rendered on an “as is basis”. Polyamorie excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Polyamorie or the Website.
4. Your Account
4.1 In order to use the Polyamorie and all options thereof optimally you have to create an Account as described on the Website. You guarantee to Polyamorie that the information provided when creating your Account is complete, correct and accurate. It is not allowed to create an Account in name of another person. You have to submit a User Name and Password by which you can access the Account.
4.2 All information and data provided by you during the creation of your Account will be saved in the Database and processed in accordance with the Polyamorie Privacy Policy.
4.3 You are responsible for keeping your Password confidential. You are liable for all use made of the Polyamorie or the Website via the combination of your User Name and Password. Polyamorie will assume that you are indeed the person who has signed in with your User Name and Password. As soon as you know or have reason to assume that your User Name and Password have come into the hands of (a) unauthorized person(s), you must inform Polyamorie of this, notwithstanding your own obligation to take immediate and effective measures such as for instance changing your Password.
4.4 Everybody can create an Account. However, if you are below the age of 16 you need the consent of your legal representative(s) (your guardian or (one of) your parents). By accepting these Terms of Use you guarantee that you are at least 16 or that you have obtained the consent of your legal representative(s) to create an Account
4.5 Polyamorie reserves the right to change the log-in procedure, your Password and/or
your User Name if they regard this necessary in the interest of the (correct) operation of the Polyamorie. User Names will be removed and/or revoked if they constitute an infringement on any rights of third parties or are otherwise regarded as undesirable by Polyamorie.
5. Use of the Polyamorie
5.1 You are responsible for any activities performed by you on the Website or via the Polyamorie, including for User Content you submit and for the organization of Events. Notwithstanding the other provisions of these Terms of Use, any use of the Polyamorie by you, including the User Content you submit, shall not:
a. be misleading;
b. contain any viruses, Trojan horses, worms, bots or other software which might damage, render useless or inaccessible, delete or appropriate an automated work or data, or which are meant to bypass technical protection measures of the Website and/or the computer systems of Polyamorie;
c. consist of taking a false identity or untruthfully suggest that you are affiliated with Polyamorie;
d. contravene these Terms of Use or any applicable legislation or regulations;
e. infringe on the rights of Polyamorie or third parties including Intellectual Property Rights or privacy related rights;
f. be otherwise unlawful in any way whatsoever; or
g. harm the interests or good name of Polyamorie.
5.2 Any technical facilities required in order to be able to use the Polyamorie including, but not limited to, hardware and the availability of an internet connection as well as the costs of their use, will be at your own expense.
5.3 It is not allowed to copy (parts of) the Website, User Content and/or Information on websites of third parties.
5.4 Except as expressly allowed by mandatory law, you may not (i) copy, make available, sublicense or otherwise commercialize the Polyamorie, (ii) modify, translate or otherwise create a derivative work of the Polyamorie within the meaning of Article 13 of the Dutch Copyright Act (Auteurswet), or (iii) disassemble, decompile or reverse engineer the object code or source code of the Polyamorie or any part thereof.
5.5 Polyamorie may take technological measures to protect the Polyamorie and individual parts of the Polyamorie. You may not remove or circumvent such technological measures.
6. User Content
6.1 Notwithstanding the provisions set out in Clause 5.1, you guarantee that you will not make available and/or transmit any User Content via the Polyamorie which:
a. is discriminating or which is otherwise offensive;
b. incites to violence and/or harassment of others;
c. leads to or is the consequence of exploitation or abuse of others;
d. which, in the opinion of Polyamorie, is contrary to good morals or good taste, is violent or which includes (a link to) pornographic or erotic material;
e. includes a request for the personal details of minors and/or which provides the personal details of others; or
f. involves chain letters, junk mail or spamming and/or asks for passwords or other information which can be traced back to persons, including by using automated software or methods.
6.2 You retain all Intellectual Property Rights to User Content submitted by you. You acknowledge and agree that by making User Content available you automatically grant to Polyamorie a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the User Content in connection with the Polyamorie and to use the User Content for marketing and/or promotional purposes in connection with the Polyamorie.
6.3 You acknowledge and agree that the User Content you make available to Polyamorie will be used by other Users. Polyamorie does not accept any liability for compliance with these Terms of Use by the users of Polyamorie.
6.4 You acknowledge and understand that other Users determine the contents of the User Content offered by them. Polyamorie is not aware of the contents of any User Content. Therefore Polyamorie can not give any guarantees and does not accept any liability for the User Content offered by Users.
6.5 If you are of the opinion that User Content is unlawful, you can report this to Polyamorie. You can find more information about the Notice in Notice of Alleged Illegal Content section http://localhost/polyamorie/files/noticeOfAllegedIllegalContent.pdf.
6.6 Polyamorie reserves the right to change or remove User Content for any reason and without any further notice and without having to pay any compensation. In particularly Polyamorie may do so in, but not limited to, cases in which you violate Clause 5.1 and/or Clause 6.1. This paragraph does not withstand the right to take further legal action including, but not limited to, providing your personal details to third parties.
7. Premium Services and Payment
7.1 Premium Services. There are two primary ways that we support the Polyamorie: through advertising and Premium Services. As an Ambassadeur, you can purchase one or more Premium Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). Polyamorie may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Polyamorie posts the temporary promotional event or new service on the Polyamorie. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Polyamorie. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in Euros.
7.2 Payment Generally. You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Polyamorie to charge your credit card, PayPal, iDeal, or financial institution account (herein "Payment Method") for all charges to your accounts with Polyamorie. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer iDeal payments. In case of recurring payments, you agree that Polyamorie may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Polyamorie may be shared by Polyamorie with companies who work on Polyamorie's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Polyamorie and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Polyamorie all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Polyamorie may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Polyamorie reserves the right to either suspend or terminate your Premium Services or your account with Polyamorie.
Except as may be set forth in applicable Premium Service Policies or Termination, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Polyamorie within sixty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Polyamorie.
7.3 Taxes. You are responsible for paying any governmental taxes imposed on your use of the Polyamorie, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Polyamorie the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Polyamorie is obligated to collect such taxes, the applicable tax will be added to your billing account.
8. Your Interactions with Other Users
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member or Ambassadeur), Polyamorie is under no obligation to become involved.
You release Polyamorie, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. You waive "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor", or any applicable statutes of a similar effect.
9. Interruption of the Polyamorie
9.1 Polyamorie is entitled to put the Website and/or the Polyamorie (temporarily) out of POLYAMORIE and/or to reduce the use of it without any prior notice and without being obliged to pay compensation to you, if to the discretion of Polyamorie this is necessary for instance in connection with the reasonably required maintenance of the Website and/or the Polyamorie.
9.2 Polyamorie is entitled without any prior notice, to apply procedural and technological changes and/or improvements to the Website and/or the Polyamorie.
10. Intellectual Property Rights
10.1 All Intellectual Property Rights with regard to the Website, the Polyamorie, the Information and the Polyamorie Applications, including the Intellectual Property Rights to the texts, images, designs, photographs, software, audiovisual material and other materials are vested in Polyamorie and/or their licensors.
10.2 Under the conditions as set out in these Terms of Use, Polyamorie grants you a restricted, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to use the Polyamorie and the Information and to view the User Content.
10.3 It is expressly not allowed to download, copy, change, or make public the Database, the Information, the Polyamorie Applications and files, data, programs and/or materials, or to use them for direct or indirect commercial purposes or to use them for any other purpose than the purposes mentioned in these Terms of Use unless Polyamorie has given its explicit consent. This does not apply to User Content which you made lawfully public yourself via the Polyamorie.
10.4 It is not allowed to remove, make illegible, hide or change notifications with regard to
Intellectual Property Rights.
10.5 Nothing in these Terms of Use is meant to assign any Intellectual Property Rights to you. You shall not perform any acts which may infringe upon the Intellectual Property Rights of Polyamorie such as registering domain names or trademarks which are similar or identical to any object of which Polyamorie has the Intellectual Property Rights.
11. Privacy
During the creation of your Account and during the provision of the Polyamorie, you will supply Polyamorie with personal data. These personal data will be saved and processed according to the Polyamorie Privacy Statement http://localhost/polyamorie/files/privacystatement.pdf and the applicable legislation and regulations.
12. Database
The database of Polyamorie is to be regarded as a database within the sense of Section 1, opening sentence and under (a) of the Dutch Databases Act (Databankenwet). Polyamorie is the
producer of this Database and in that capacity has the exclusive right to grant consent for the use
of data from this Database. You may only use data from the Database insofar as use is allowed
pursuant to these Terms of Use and for the performance of the Polyamorie and you are not allowed without the prior written consent of Polyamorie to retrieve and re-use a substantial part of the User Contents of the database(s) and/or retrieve and repeatedly and systematically re-use non-substantial parts of the User Contents of the database(s) within the sense of the Databases Act.
13. Liability and guarantees
13.1 Any and all liability of Polyamorie, whether based upon attributable failure, tort or otherwise, is fully excluded, including but not limited to damage resulting from or in connection with the use of the Website and/or the Polyamorie or the impossibility of using it or pursuant to an unlawful act or otherwise insofar as this is allowed under mandatory law.
13.2 Polyamorie does not guarantee that the Polyamorie will be accessible at all times and without any interruptions or failures, for instance as a result of failures in the internet or phone connection, by viruses, faults/defects or caused by third parties whom Polyamorie uses in rendering the Polyamorie. Polyamorie is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the Polyamorie being (temporarily) unavailable or (temporarily) broken down, such as, without limitation, damages resulting from the unavailability of the Event organizing functionality.
13.3 Your only remedy for allegedly suffered damages is to discontinue the use of the Polyamorie and to cancel your Account.
13.4 This Article does not limit Polyamorie’s liability for damages caused by gross negligence or willful intent by the board of directors or the executive management of Polyamorie.
13.5 You guarantee to Polyamorie that you are entitled to make use of the Polyamorie in the manner as contemplated in and that you will act in strict accordance with these Terms of Use.
14. Indemnification
14.1 You fully indemnify and hold harmless Polyamorie against any and all claims by third parties based on the allegation that any activities performed by you in using the Polyamorie, such as placing User Content, are in any way unlawful. This includes, without limitation, any activities that are in violation of Clauses 5.1 and 6.1 hereof or that constitute an infringement on any Intellectual Property Rights.
14.2.1 You fully indemnify and hold harmless Polyamorie against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Website, the Polyamorie and/or a violation of these Terms of Use and/or any rights of third parties.
15. Term and termination
15.1 You are entitled to discontinue the use of the Polyamorie at any time and to terminate your Account.
15.2 In addition to the other remedies or means available to Polyamorie, Polyamorie is at all
times entitled to (temporarily) restrict, suspend or put out of use your activities in connection with the Polyamorie without giving any reason and without any prior explanation, to discontinue and/or to remove your Account temporarily or permanently, to remove User Content, to issue a warning, to terminate the Polyamorie and to refuse to provide you with the Polyamorie, particularly, without limitation, if you act contrary to these Terms of Use and/or Polyamorie is of the opinion that your acts may inflict damage or cause liability for Polyamorie or yourself with regard to other users or third parties. Polyamorie will not be liable or obliged to pay compensation for this in any way whatsoever.
16. Notice of Alleged Illegal User Content
16.1 In order to terminate infringements of the rights of third parties as soon as possible, Polyamorie has developed a procedure for reporting infringing User Content: Notice of Alleged Illegal User Content http://localhost/polyamorie/files/NoticeOfAllegedIllegalContent.pdf . Submitting such a notice is subject to the Conditions for a Notice of Alleged Illegal Content http://localhost/polyamorie/files/ClarificationtotheNoticeofAllegedIllegalContent.pdf.
16.2 Polyamorie is not liable for any damage whatsoever, either direct or indirect, suffered caused by the unlawful use of the Polyamorie. Polyamorie can only be held to remove or make unavailable any unlawful User Content or to discontinue any unlawful activities, after it has received a Notice.
17. Contact
For any general queries, Polyamorie can be contacted via the following contact details: info at Polyamorie punt nl
18. Miscellaneous, applicable law and competent Court
18.1 These Terms of Use and the use of the Polyamorie and the Website are governed by and construed in accordance with the laws of The Netherlands.
18.2 All disputes resulting from or arising out of these Terms of Use or your use of the Polyamorie shall exclusively be submitted to the competent court in Arnhem.
18.3 These Terms of Use include all the arrangements which you and Polyamorie have made in this respect. They replace all previous arrangements and agreements which you have made or concluded with Polyamorie in this respect. Verbal communications, undertakings or arrangements have no legal force unless they have been confirmed in writing.
18.4 Polyamorie is allowed to assign any rights and obligations resulting from these Terms of Use to third parties and will inform you of this. If you don not accept such an assignment, you may discontinue the use of the Polyamorie and terminate your Account.
18.5 Notwithstanding any legislative or legal obligations applicable to Polyamorie, in relation to you, Polyamorie will not be obliged to keep any archived agreement accessible to you.
18.6 If these Terms of Use are or become partly invalid, you as well as Polyamorie continue to be bound by the remaining part. Polyamorie will replace the invalid part by clauses which will be valid and of which the legal consequences - considering the conditions and purpose of these Terms of Use - correspond as much as possible with those of the invalid part.
© 2010 Polyamorie
