Terms of Service
Terms of Service
Effective Date: January 29, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT SETS FORTH GOVERNING LAW AND JURISDICTION AND VENUE FOR DISPUTES.
Vereniging Dutch Startup Association (referred to as “Dutch Startup Association,”, "DSA", “us,” “our,” or “we”) provides the dutchstartupassociation.nl site (“Site”), related mobile applications (“Mobile Applications” or “Mobile Apps”), if any, and various related services (the Mobile Applications, Site, and various related services shall collectively be known as “Services”) subject to your compliance with these terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you or your company. In addition, when using particular Services, users shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Each of you or us may also be referred to individually as a “party” and together as the “parties”.
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITE OR MOBILE APPLICATIONS IMMEDIATELY. Your remedy for dissatisfaction with our Services, content, or other information available on or through our Site or Mobile Apps, is to stop using our Services. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer to and apply to that company or other legal entity.
Your access to our Services
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Restrictions on your use
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use our Services in accordance with these Terms of Service. You may use our Site and Mobile Apps for purposes expressly permitted by us. Only the authorized account holder may participate as a licensee and user of our Services. The authorized account holder is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. As a condition of your use of our Services, you warrant to us that you will not use our Services for any purpose that is prohibited by these terms, conditions, and notices and will do none of the following:
• Conduct or promote any illegal activities, including, but not limited to, intellectual property infringement or engage in conduct which we, in our sole discretion, find abusive or objectionable while using our Services;
• Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, harmful to minors, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
• Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
• Attempt to gain access to secured portions of the Services to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Mobile Apps;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Site or Services to generate unsolicited email advertisements or spam;
• Use any automatic or manual process to search or harvest information from the Site or Services, unless otherwise as permitted in our API or available as a function provided by us (i.e. a search tool), or to interfere in any way with the proper functioning of the Site and Services;
Use the Services in any manner which could disable, overburden, damage, or impair the Site or Mobile Apps or interfere with any other party’s use and enjoyment of the Site or Mobile Apps; or
• Co-brand our Services without the express prior written permission of our authorized representative. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of the other party in any manner that is not expressly authorized.
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately cease.
Our company name and all related logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission or as otherwise set out in these Terms of Service.
Our proprietary information
The material, content, and Services accessible from this Site, including, but not limited to, the API (if any), and any other website owned, operated, licensed, or otherwise controlled by us (the “Content”) is our proprietary information or the proprietary information of the party that provided or licensed the Content to us, whereby we or such providing party retain(s) all right, title, and interest in the Content. If we offer an API, our rights apply to that API as well as all output and executables of the API, excluding any software components developed by you which do not themselves incorporate the API. Accordingly, the Content may not be copied, decompiled, reverse engineered, disassembled, transferred, distributed, republished, resold, sublicensed, uploaded, posted, used to create derivative works, or transmitted in any way without our prior written consent or the prior written consent of the Content owner, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site. Notwithstanding this provision, users of our Services and the Site are not permitted to use the Content as a component of, or basis for, a database prepared for use by the said user or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of our (or our third-party’s) copyright and/or other intellectual property rights notices.
Your proprietary information
We agree that we have no rights to the data, documents, information or material that you submit in the course of using the Site and Services ("Submitted Content"). When submitting data, you, and not us, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Content. By using the Services, each user represents and warrants to us that it has the legal right to submit the Submitted Content. You agree to indemnify, defend and hold us harmless from any liability caused by your submission of Submitted Content in violation of a third party’s copyright or other rights of ownership. We reserve the right to withhold, remove and/or discard Submitted Content without notice for any breach, including without limitation, non-payment of fees. In addition, we reserve the right to withhold, remove and/or discard any Submitted Content submitted to us, which, in our sole opinion, is pornographic or otherwise in violation of our internal policies for publishable material. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO US WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED CONTENT.
You agree not to post or store on the Site any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files or other material ("Material") that violates or infringes anyone's intellectual-property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that violates Dutch (The Netherlands) and local law or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
By posting Material to this Site, you grant us a perpetual, irrevocable, nonexclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on the Site (though we will obtain your permission before doing so with any Material that is not publically available on our Site). You further represent and warrant that you own all rights, titles, and interests to such Material in full and without restrictions.
You expressly agree that we may remove, disable, or restrict access to or the availability of any Material from the Site (including, but not limited to, Material that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate the Terms of Service (whether or not we are actually correct in our assessment) or that is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain material, you may contact us using one of the contact methods provided at the end of these Terms of Service, in which case we may investigate the matter further, though we retain full right and sole discretion as to whether or not to remove the material. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of Material. The provisions of this section are intended to implement these Terms of Service and are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking any particular course of conduct.
Digital Millennium Copyright Act compliance
We respect the intellectual-property rights of others and expect users of the Site to do the same. In our sole and absolute discretion, we may terminate the accounts of users who infringe the intellectual-property rights of others. You may contact our agent as indicated below if you believe that a work protected by a copyright that you own has been posted or stored on the Site without authorization. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your notification is the best way to help us locate content quickly;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, so please do not make false claims.
You may contact our agent:
Singel 542, 1017 AZ, Amsterdam, The Netherlands
After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or that they may otherwise change their mind. As a result, we will honor retractions of copyright claims from the party who originally submitted them. To retract a notification, please send a statement of retraction, the complete and specific URL of the content in question, and an electronic signature to the email address we provide at the end of these Terms of Service.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers
The Site and Services may need updating from time to time. These updates may temporarily disrupt use of our Services and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
Our Site or Mobile Apps may contain links to other sites, which are not maintained by, or related to, us. Links to such sites are provided as a service to users and are not sponsored by or affiliated with us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. We are not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third-party sites accessed at the user’s own risk, and we make no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to our Site or Mobile Apps. We provide links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.
The owner of the Site is based in the The Netherlands. We make no claims that the Site or any of its content is accessible or appropriate outside of the The Netherlands. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the The Netherlands, you do so on your own initiative and are responsible for compliance with local laws.
You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any claims or liabilities arising out of or related to any Submitted Content, breach of these Terms of Service by you, or your use of the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach, Submitted Content, or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
You are prohibited from using any Services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT, YOU HOLD US HARMLESS AND WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.
No delay or failure by us to enforce any of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by our authorized representative shall have any legal effect.
If any clause or provision set forth in this Terms of Service statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing law; Jurisdiction; Disputes
Feedback and information you send to us
We may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of a similar nature, you acknowledge that any such ideas, input, feedback, or otherwise shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis.
Both parties shall be independent contractors and these Terms of Service do not create an agency, partnership, or joint venture. Unless stated otherwise in these Terms of Service, these Terms of Service do not create any third-party beneficiary rights. You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site or Mobile Apps arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events, whether or not similar to those which are enumerated above.
This English-language Terms of Service statement is our official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Service statement and its translation into another language, this English-language document shall control.
Changes to these terms
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms of Service at any time. We will provide notice of such change on this Site or Mobile Apps. Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of our Services constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If, at any time, you determine that you do not accept these changes, you must stop using our Services.
How can you contact us?
If you have any questions about these Terms of Service or our Services, please contact us via the following:
By email at [email protected]