These Terms of Use are applicable
to your use of the Seats2meet.com Network offered by Seats2meet.com.
Please read these Terms of Use carefully so that you know what your
rights and obligations are when you use the Seats2meet.com Network.
By using the Seats2meet.com Network or the Website in any way
whatsoever, you accept being bound to these Terms of Use. You can
download these Terms of Use here:
http://www.Seats2meet.com/files/termsofuse.pdf.
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 Seats2meet.com Network and containing
personal data and your Digital MINDZ DNA. |
| Applicant: |
the person or business submitting a
Notice. |
| Circle: |
a private online network within the
Seats2meet.com Network, 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 Seats2meet.com, including your Digital
MINDZ DNA. |
| Digital MINDZ DNA: |
your online profile created by Seats2meet.com
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 Seats2meet.com Network, including the information
and data which make up your Account. |
| Events: |
offline events organized by Users via the
Seats2meet.com Network. |
| Information: |
all material placed on the Website or made
accessible via the Seats2meet.com Network by Seats2meet.com.
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. |
| Seats2meet.com: |
the private company with limited liability
Seats2meet.com B.V. having its registered office at
Planetenbaan 100 in (3606 AK) Maarssen and listed at the
Chamber of Commerce under number 30229383. |
| Seats2meet.com Applications: |
remotely accessible web-based functionalities
of Seats2meet.com, such as the functionality to organize
Events. |
| Seats2meet.com Network: |
the service provided to you by Seats2meet.com
free of charge via the Website and which is described on the
Website and in Clause 3 hereof. The term Seats2meet.com Network
shall include Seats2meet.com Applications. |
| Notice: |
a complete and correctly filled out form by
which alleged illegal User Content is reported to
Seats2meet.com pursuant to the
Notice of Alleged Illegal User Content and in accordance
with the Conditions for
Notice of Alleged Illegal User Content. |
| Password: |
the password given by you during the creation
of your Account. |
| Plaza: |
a public online network within the
Seats2meet.com Network, 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 Seats2meet.com Network. |
| User Content: |
all material placed on the Website or made
accessible via the Seats2meet.com Network by Users including,
but not limited to, comments, blogs, messages, audiovisual
material and the announcement of events. |
| User Name: |
the Seats2meet.com name chosen by you during
the creation of your Account and under which you log in to
Seats2meet.com. |
| Website: |
the website of Seats2meet.com,
www.Seats2meet.com, including all the subdomains
and other websites operated by Seats2meet.com. |
| 2.1 |
These Terms of Use are applicable
to any use you make of the Seats2meet.com Network or the
Website. |
| 2.2 |
Seats2meet.com 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, Seats2meet.com will notify you by
means of a message on the Website and via a system notification
message. |
| 2.3 |
By using the Seats2meet.com Network 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 Seats2meet.com Network and to
terminate your Account. Seats2meet.com therefore recommends
that you regularly consult the Terms of Use. |
| 3.1 |
The Seats2meet.com Network can be
described as a social networking platform for professionals.
Seats2meet.com is more in particular an online social business
network for everyone with a passion to share their knowledge,
ideas and experiences with others. The Seats2meet.com Network
offers for instance the possibility to contact other Users
online and to create (public or private) online networks by
inviting them to join a network via the Seats2meet.com Network,
to write web logs and to upload User Content. The
Seats2meet.com Network also offers tools to contact other Users
offline and to organize events. |
| 3.2 |
By analyzing your Digital MINDZ DNA,
Seats2meet.com will provide you with or display to you the most
relevant User Content, Information and events. |
| 3.3 |
You accept and agree that the Seats2meet.com
Networks is rendered on an “as is basis”.
Seats2meet.com 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 Seats2meet.com
Network. |
| 4.1 |
In order to use the Seats2meet.com
Network and all options thereof optimally you have to create an
Account as described on the Website. You guarantee to
Seats2meet.com 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 Seats2meet.com
Privacy Policy which you can find
here or download
here:
http://www.Seats2meet.com/files/privacystatement.pdf. |
| 4.3 |
You are responsible for keeping your Password
confidential. You are liable for all use made of the
Seats2meet.com Network via the combination of your User Name
and Password. Seats2meet.com 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 Seats2meet.com 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 |
Seats2meet.com 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 Seats2meet.com Network. 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 Seats2meet.com. |
| 5.1 |
You are responsible for any
activities performed by you on the Website or via the
Seats2meet.com Network, 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 Seats2meet.com
Network 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 Seats2meet.com; |
| c. |
consist of taking a false identity or
untruthfully suggest that you are affiliated with
Seats2meet.com; |
| d. |
contravene these Terms of Use or any
applicable legislation or regulations; |
| e. |
infringe on the rights of Seats2meet.com
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
Seats2meet.com. |
|
| 5.2 |
Any technical facilities required in order to
be able to use the Seats2meet.com Network 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 Seats2meet.com Network, (ii) modify,
translate or otherwise create a derivative work of the
Seats2meet.com Network 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 Seats2meet.com Network or any part thereof. |
| 5.5 |
Seats2meet.com may take technological measures
to protect the Seats2meet.com Network and individual parts of
the Seats2meet.com Network. You may not remove or circumvent
such technological measures. |
| 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
Seats2meet.com Network 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 Seats2meet.com,
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
Seats2meet.com 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 Seats2meet.com Network and to use the User Content for
marketing and/or promotional purposes in connection with the
Seats2meet.com Network. |
| 6.3 |
You acknowledge and agree that the User
Content you make available to Seats2meet.com will be used by
other Users. Seats2meet.com does not accept any liability for
compliance with these Terms of Use by the users of
Seats2meet.com. |
| 6.4 |
You acknowledge and understand that other
Users determine the contents of the User Content offered by
them. Seats2meet.com is not aware of the contents of any User
Content. Therefore Seats2meet.com 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 Seats2meet.com. You can find
more information about the Notice in Notice of Alleged Illegal
Content section (
http://www.Seats2meet.com/files/noticeOfAllegedIllegalContent.pdf). |
| 6.6 |
Seats2meet.com 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 Seats2meet.com 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. |
| 7.1 |
Seats2meet.com is entitled to put
the Website and/or the Seats2meet.com Network (temporarily) out
of Seats2meet.com Network 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 Seats2meet.com
this is necessary for instance in connection with the
reasonably required maintenance of the Website and/or the
Seats2meet.com Network. |
| 7.2 |
Seats2meet.com is entitled without any prior
notice, to apply procedural and technological changes and/or
improvements to the Website and/or the Seats2meet.com
Network. |
| 8.1 |
All Intellectual Property Rights
with regard to the Website, the Seats2meet.com Network, the
Information and the Seats2meet.com Applications, including the
Intellectual Property Rights to the texts, images, designs,
photographs, software, audiovisual material and other materials
are vested in Seats2meet.com and/or their licensors. |
| 8.2 |
Under the conditions as set out in these Terms
of Use, Seats2meet.com grants you a restricted, personal,
revocable, non-exclusive, non-sub-licensable, non-transferable
right to use the Seats2meet.com Network and the Information and
to view the User Content. |
| 8.3 |
It is expressly not allowed to download, copy,
change, or make public the Database, the Information, the
Seats2meet.com 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 Seats2meet.com has given
its explicit consent. This does not apply to User Content which
you made lawfully public yourself via the Seats2meet.com
Network. |
| 8.4 |
It is not allowed to remove, make illegible,
hide or change notifications with regard to Intellectual
Property Rights. |
| 8.5 |
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 Seats2meet.com such as registering domain
names or trademarks which are similar or identical to any
object of which Seats2meet.com has the Intellectual Property
Rights. |
During the creation of your Account and during the provision of
the Seats2meet.com Network, you will supply Seats2meet.com with
personal data. These personal data will be saved and processed
according to the Seats2meet.com Privacy Statement (
http://www.Seats2meet.com/files/privacystatement.pdf)
and the applicable legislation and regulations.
The database of Seats2meet.com is to be regarded as a database
within the sense of Section 1, opening sentence and under (a) of the
Dutch Databases Act (Databankenwet). Seats2meet.com 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 Seats2meet.com
Network and you are not allowed without the prior written consent of
Seats2meet.com to retrieve and re-use a substantial part of the User
Contents of the database(s) and/or retrieve and repeatedly and
systematically reuse non-substantial parts of the User Contents of
the database(s) within the sense of the Databases Act.
| 11.1 |
Any and all liability of
Seats2meet.com, 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 Seats2meet.com Network or the impossibility
of using it or pursuant to an unlawful act or otherwise insofar
as this is allowed under mandatory law. |
| 11.2 |
Seats2meet.com does not guarantee that the Seats2meet.com
Network 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 Seats2meet.com uses in
rendering the Seats2meet.com Network. Seats2meet.com is not
liable or obliged to the user to pay compensation in any way
whatsoever for any damage resulting or arising from the
Seats2meet.com Network being (temporarily) unavailable or
(temporarily) broken down, such as, without limitation, damages
resulting from the unavailability of the Event organizing
functionality. |
| 11.3 |
Your only remedy for allegedly suffered damages is to
discontinue the use of the Seats2meet.com Network and to cancel
your Account. |
| 11.4 |
This Article does not limit Seats2meet.com’s
liability for damages caused by gross negligence or willful
intent by the board of directors or the executive management of
Seats2meet.com. |
| 11.5 |
You guarantee to Seats2meet.com that you are entitled to
make use of the Seats2meet.com Network in the manner as
contemplated in and that you will act in strict accordance with
these Terms of Use. |
| 12.1 |
You fully indemnify and hold
harmless Seats2meet.com against any and all claims by third
parties based on the allegation that any activities performed
by you in using the Seats2meet.com Network, 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. |
| 12.2 |
You fully indemnify and hold harmless
Seats2meet.com 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 Seats2meet.com Network and/or a violation of
these Terms of Use and/or any rights of third parties. |
| 13.1 |
You are entitled to discontinue
the use of the Seats2meet.com Network at any time and to
terminate your Account. |
| 13.2 |
In addition to the other remedies or means
available to Seats2meet.com, Seats2meet.com is at all times
entitled to (temporarily) restrict, suspend or put out of use
your activities in connection with the Seats2meet.com Network
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 Seats2meet.com Network and to refuse to provide
you with the Seats2meet.com Network, particularly, without
limitation, if you act contrary to these Terms of Use and/or
Seats2meet.com is of the opinion that your acts may inflict
damage or cause liability for Seats2meet.com or yourself with
regard to other users or third parties. Seats2meet.com will not
be liable or obliged to pay compensation for this in any way
whatsoever. |
| 14.1 |
In order to terminate
infringements of the rights of third parties as soon as
possible, Seats2meet.com has developed a procedure for
reporting infringing User Content:
Notice of Alleged Illegal User Content. Submitting such a
notice is subject to the Conditions for a
Notice of Alleged Illegal Content. |
| 14.2 |
Seats2meet.com is not liable for any damage
whatsoever, either direct or indirect, suffered caused by the
unlawful use of the Seats2meet.com Networks. Seats2meet.com 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. |
For any general queries, Seats2meet.com can be contacted via
the following contact details:
|
Seats2meet.com International BV
Moreelsepark 65
3511 EP Utrecht
(+31)30-2393855
jeroen@seats2meet.com
BTW nummer: NL822786746B01
Bankrekening: 49.52.92.575
KvK nr: 50516167
info@Seats2meet.com
|
| 16.1 |
These Terms of Use and the use of
the Seats2meet.com Network and the Website are governed by and
construed in accordance with the laws of The Netherlands. |
| 16.2 |
All disputes resulting from or arising out of
these Terms of Use or your use of the Seats2meet.com Network
shall exclusively be submitted to the competent court in
Utrecht. |
| 16.3 |
These Terms of Use include all the
arrangements which you and Seats2meet.com have made in this
respect. They replace all previous arrangements and agreements
which you have made or concluded with Seats2meet.com in this
respect. Verbal communications, undertakings or arrangements
have no legal force unless they have been confirmed in
writing. |
| 16.4 |
Seats2meet.com 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
Seats2meet.com Network and terminate your Account. |
| 16.5 |
Notwithstanding any legislative or legal
obligations applicable to Seats2meet.com, in relation to you
Seats2meet.com will not be obliged to keep any archived
agreement accessible to you. |
| 16.6 |
If these Terms of Use are or become partly
invalid, you as well as Seats2meet.com continue to be bound by
the remaining part. Seats2meet.com 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. |