TERMS OF USE WiseLine B.V.
These are the WiseLine B.V. Terms of Use, Chamber of Commerce, nr. 14099756, and having its registered office in Maastricht (Netherlands), which are applicable to the service of WiseLine B.V., described as WiseLine.
We recommend you to read these Terms of Use with due care so that you are aware of your rights and obligations when you make use of WiseLine. By using WiseLine in any way whatsoever, you accept to be bound to these Terms of Use. This also means that you guarantee that someone who is using WiseLine on your computer will also comply with these Terms of Use. WiseLine is entitled to amend these Terms of Use at any time without notifying the users of this. The most current Terms of Use can be viewed on the WiseLine.com website, the WiseLine domains with other extensions. If you continue the use of WiseLine after one or more amendments to the Terms of Use, this will imply that you accept this (these) amendment(s) irrevocably. It is therefore sensible to view these Terms of Use regularly.
1. WiseLine service
1.1 WiseLine regulates the communication between users mutually or between users and the WiseLine service but not as to its content. Therefore WiseLine has no or at most very little control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service.
1.2 WiseLine is not liable for the acts or omissions of other users including the files, data and/or materials they make available on the WiseLine website. Therefore WiseLine does not give warranties with regard to the contents of files, data and/or materials provided by users.
2.Account/profile
2.1 In order to be able to use WiseLine, you apply for your own account in the manner described on the WiseLine website. WiseLine may at its own discretion decide whether or not to supply you with an account.
2.2 When you register for a new profile by WiseLine, and by accepting these terms of use you will be subscribed to the WiseLine newsletter automatically. The user has the possibility to block the newsletter when he has been registered, in his profile settings.
2.3 You guarantee to WiseLine that the information provided by you to WiseLine, is complete, truthful and accurate including your personal details such as your name and e-mail address. You agree that we save your details and use them in connection with the management of your account.
2.4 You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to WiseLine by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use.
2.5 You can terminate your account at any required time according to the procedure as described in the help section.
3.License to users.
Under the conditions set out in these Terms of Use, WiseLine grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available by means of WiseLine in the manner and in the format that these files are made available on the WiseLine website, WiseLine.com, or the WiseLine domains with other extensions. Downloading files, data and/or materials or exercising any other rights to them than those mentioned above is explicitly not allowed.
4. Intellectual property rights
4.1 You acknowledge and agree that WiseLine includes files which are owned by WiseLine and/or its users and which are protected by applicable intellectual property rights, including but not limited to, copyrights, neighbouring rights, trademarks and patents.
4.2 Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of WiseLine is limited to what has been described in these Terms of Use. You will not perform any acts which infringe on the intellectual property rights. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet 1912).
4.3 It is not allowed to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.
5. Uploading files/license
5.1 Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via WiseLine.
5.2 You acknowledge and agree that by making files, data and/or materials available to WiseLine (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to WiseLine: (a) a free, unencumbered, worldwide, non-exclusive license to (i) use, reproduce, disseminate and publicise the files, data and/or materials in connection with the WiseLine service and (ii) to use and reproduce (and to allow third parties to use and reproduce) the files, data and or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the WiseLine service; (b) the right to remove, intentionally or unintentionally, and for any reason whatsoever and also without any reason being given, from the WiseLine servers and from the WiseLine service any files, data and/or materials made available by you, without WiseLine becoming liable to you or a third party in any way whatsoever.
5.3 The license meant in clause 5.2 expires at the moment you remove the respective files, data and/or materials from the WiseLine website.
5.4 You acknowledge and agree that the files, data and/or materials you have made available to WiseLine, will be used by other users of WiseLine. WiseLine does not accept any liability for the compliance by the users of WiseLine with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to WiseLine, are used in a manner which is contrary to or is not provided for in these Terms of Use. WiseLine is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party.
5.5 You give WiseLine the warrant that you are fully entitled in respect of the files, data and / or materials referred to in Article 5.2 and that you are fully entitled and empowered to license under these terms of use should be granted. You indemnify WiseLine and all its affiliated companies and individuals and even users of WiseLine for all claims by third parties based on the assertion that the files, data and / or materials infringe any valid (intellectual property) rights of third parties or otherwise unlawful towards third parties and for all claims arising from your act in breach of any warranty provided in these terms of use. All costs incurred by WiseLine and damage suffered in any way associated with these claims will be reimbursed by you.
5.6 By making files, data and/or materials available to WiseLine, you guarantee that (a) you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to WiseLine the rights as meant in these Terms of Use; (b) any file, data and/or material uploaded or made available by you is original and does not include sampled material unless you have obtained a license to use such sampled material; (c) you are the original composer of all the music and text included in the file, data and/or material or that you have been granted a license with regard to this music and the text of the original composer(s) and/or owner(s) of the copyrights of the original musical works from who this music and/or text has been derived; (d) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or WiseLine, and that no consent or license is necessary or required from you or any third party; (e) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available; (f) WiseLine will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including the collective copyright organisations; (g) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective copyright organisation, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.
6. Access and content
6.1 Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via WiseLine.
You acknowledge and agree that by making files, data and/or materials available to WiseLine (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to WiseLine: (a) a free, unencumbered, worldwide, non-exclusive license to (i) use, reproduce, disseminate and publicise the files, data and/or materials in connection with the WiseLine service and (ii) to use and reproduce (and to allow third parties to use and reproduce) the files, data and or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the WiseLine service; (b) the right to remove, intentionally or unintentionally, and for any reason whatsoever and also without any reason being given, from the WiseLine servers and from the WiseLine service any files, data and/or materials made available by you, without WiseLine becoming liable to you or a third party in any way whatsoever. You acknowledge and agree that the files, data and/or materials you have made available to WiseLine, will be used by other users of WiseLine. WiseLine does not accept any liability for the compliance by the users of WiseLine with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to WiseLine, are used in a manner which is contrary to or is not provided for in these Terms of Use. WiseLine is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party.
6.2 The activities that you carried out as part of WiseLine may not (i) are based on untrue or misleading, (ii) infringe on rights of third parties, including copyright and related rights, trademark rights or any other intellectual property rights or rights with respect to the protection of privacy, (iii) in conflict with any law, regulation, regulation or other applicable regulations, (iv) contain viruses, Trojan horses, worms, bots or other programs that work or an automated data damaging, or unusable access, or delete itself for itself.
6.3 You guarantee to WiseLine that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 6.1 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify WiseLine and all its affiliated companies and persons and also the users of WiseLine against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in these Terms of Use. All the costs incurred and damage suffered by WiseLine in any way in connection with these claims will be reimbursed by you.
6.4 In addition to Article 6.1 follows a (not exhaustive) list of content that you are in any case should not be made available via WiseLine (where this assessment will be made exclusive WiseLine): Content that is discriminatory matter appearance, race, religion, sex, culture, origin, or otherwise offensive may be mentioned, which calls for violence against and / or harassment of another or others and / or; leading to or the result of exploitation or abuse of others and / or in contrary to the morals or good taste, violent or contains a link to pornographic material or website, or pornographic material, as assessed by WiseLine and / or; which personal data can be retrieved from minors and / or; which personal data to are received and / or; which the commission of illegal activities are promoted or committed and / or; which infringe intellectual property rights of others and / or; which chain letters, junk mail or spamming involved and / or; involving passwords or to persons other identifiable information is sought for commercial or illegal purposes and / or; which commercial activities are involved without prior written consent of WiseLine, such as advertisements, lotteries, contests, or pyramid games and / or; which is a picture or effigy of another person without his consent.
6.5 Hyves is entitled to take the service (temporarily) out of service without prior notification or to restrict the use of the service or to terminate the service with regard to Hyves without having to state the reasons to do so and without this resulting in any right towards Hyves for damages, Goldmemberships won't be restituted.
6.6 Hyves does not guarantee that the Hyves service is accessible at all times and without interruptions or breakdown.
7. Notice of infringement of intellectual property rights
WiseLine will examine the notice of infringement of intellectual property rights and if possible take measures against it. If you are of the opinion that your work on the WiseLine website has been used or copied in a manner that infringes the intellectual property rights, we ask you to inform us of this via an e-mail to legal@WiseLine.com. This notice should (i) be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner; (ii) include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is;(iii) include a description where the material that in your view forms an infringement can be found on the WiseLine website; (iv) include contact details where WiseLine can contact you, such as your name, address, telephone number and e-mail address; (v) include a statement that in your view intellectual property rights have been infringed upon; (vi) include a statement supported by documentary evidence that the information in your notice is accurate and complete and, on pain of committing perjury, that you are the owner of the respective intellectual property rights.
8. Discontinuation of services
In addition to the other (legal) remedies at WiseLine’ disposal, we are entitled to restrict your activities in connection with WiseLine, to discontinue and/or remove your account temporarily or permanently, remove files, data and/or materials, notify users of your activities, send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that: you act contrary to these Terms of Use; we are not able to verify or identify any data provided by you to us; we hold the view that your acts may inflict damage or create liability to yourself, to other users or to WiseLine. WiseLine will not have any liability whatsoever in this respect.
9. Links
It is possible that our website includes links to other websites. WiseLine is not responsible for the content and manner of operation of these websites and will therefore not accept any liability for these websites. So the use of these websites is your own responsibility.
10. Privacy
We will not provide your personal details to third parties without your consent and we will use these details in accordance with our Privacy Statement.
11. Liability
WiseLine shall never be liable for any direct or indirect damages arising out of or related to the use of our Website or the inability to use and / or any related services WiseLine.
12. Miscellaneous provisions
12.1 These Terms of Use include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.
12.2 If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect.
12.3 These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam. |