This agreement was written in English (US). To the extent any translated version of the Dutch agreement conflicts with the Dutch version, the Dutch version controls.
Date of Last Revision: March 27 2012
These Terms and Condition govern your access to, and use of the Service and Website offered by Kroupys. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
In these General Terms and Conditions the following words, when starting with a capital letter, will have the following meaning:
|Account||membership allowing the User to access certain parts of the Website.|
|Terms and Conditions||these Terms and Conditions, including the Policies.|
|Content||all through the Website accessible data and files from Kroupys or its Users, including but not limited to reviews, illustrations, video and sound clips, links, tags and descriptions. – including texts, applications, photographs, audio and multi-media files, video material, and/or other content – personal messages|
|Login data||the username and password that are linked to the Account. |
|User||the natural person who has received an account from Kroupys.|
|Kroupys||the company Kroupys V.O.F. situated at Zaandam, the Netherlands, Chamber of Commerce: 52679780|
|Employee||natural person who is employed, or employed on a voluntary basis, by Kroupys. |
|Penalty||a penalty that is applied as a result of actions of the User.|
|Website||the set of web pages (including mobile web pages), software, databases, services, and content published by Kroupys on the domain and/or the subdomains and related domains of Kroupys.|
|Policies||the policies, published on the Website, that contain binding rules for the use of (parts of) the Website.|
|Service||Kroupys enables Users to communicate questions and answers to other Users and visitors via the Website. User are able to ask questions and receive notifications on questions which might be relevant to them. Kroupys facilitates the communication between Users and/or others.|
2.1 The communication between the Users and the Service, or the communication between Users on the Website of Kroupys themselves, is not substantively regulated. Kroupys therefore has no control over the quality, integrity, legality, security or accuracy of various components of the Service. Kroupys cannot be held accountable for the acts or the omissions of their Users, including but not limited to the data, materials and files that they share on the Website of Kroupys. Kroupys does not make any warranties regarding to the Content of their Users.
3.1 In order to be able to use the Website of Kroupys, an aspirant-User has to request an Account as described on the Website.
3.2 Kroupys will be entitled to deny User access to the Service, at any time, without stating reasons and without prior explanation. Kroupys will be entitled to block, restrict, and/or remove, the Account for a short or long period of time, or permanently. Kroupys will also be entitled to deny the request for an Account without stating reasons and without prior explanation.
3.4 The User is responsible for maintaining the confidentiality of the password of the Account to others and is responsible for the usage that has been made with the User’s login information, including the use without the User’s knowledge or approval.
3.5 Users will inform Kroupys when they suspects that unauthorized others use the User’s Login data, or when the User suspects that de User’s Login data is known to others.
3.6 Users who have not reached the age the applicable mandatory legislation stipulates for them to have reached to be legally competent, will not be entitled to access and use the Service unless explicit permission has been granted by their parents or any other legal representative.
4.2 Kroupys is authorized to unilaterally change these Terms and Conditions. Kroupys advises the User to periodically inspect the Terms and Conditions for changes via the Website of Kroupys. If the User after amendment of the Terms and Conditions will continue to use Kroupys, the User is deemed to be in definitive acceptance of the modified Terms and Conditions.
5) Use of the service
5.1 The User must refrain from any unauthorized use of the Website and will at all times comply to the obligations of this agreement and behave in accordance with the regulations and laws that apply to the Website.
5.2 Undiminished of other provisions in this agreement, the user in particular will:
i. not perform any acts, or publish Content, which is in violation with any law or legislation, regulation, morality or public order;
ii. follow the instructions and User-oriented regulations on the Website, including instructions from Employees.
iii. not violate any rights of Kroupys or third parties, including copyright, related rights, trademark rights, or any other form of intellectual property rights related to the protection of privacy;
iv. not publish any content or perform any actions which causes nuisance to the other users, or visitors, of the Website;
v. not spread spam or other unwanted messages to other Users or visitors of the Website via the communication system on the Website or other methods;
vi. not modify, delete, or disable content of other Users or Kroupys;
vii. not spread malware, viruses, robots, spiders or any other kind of software which work automatically or could damage data, which disables or makes inaccessible, which deletes or claims, or which is intended to bypass, damage, or remove security of the Website or any systems of Kroupys.
viii. under no circumstances attempt to block advertising through software or otherwise attempt to block advertising.
5.3 The User is responsible for the all Content which is transmitted to, or published on, the Website through their Account. Kroupys strongly recommends Users not to publish personal information on the Website.
5.4 The User acknowledges that Kroupys is not responsibly or obligated to actively manage, edit, monitor or control User Content.
5.5 The User may under no circumstances publish Content (at sole discretion of Kroupys) on the Website, which:
i. is discriminating, abusive, or harassing regarding appearance, race, religion, sex, sexual orientation, culture, ethnicity or any other form of Content that can be called offensive;
ii. incites to violence or harassment of one or more Users or Visitors of the Website;
iii. is the consequence of, or leads to the exploitation, or abuse, of others;
iv. is pornographic or otherwise contrary to good taste, or good manners, or Content which should be considered as controversial according to general norms and values;
v. offers personal information of other persons, and/or Content in which personal data of one or many others is requested;
vi. is fostering or perpetrating any illegal activities;
vii. violates the rights, including but not limited to property rights and privacy rights, of Kroupys, other Users and/or any other third parties;
viii. promotes pyramid schemes or chain letters;
ix. contains a photo or a recorded image of a person without his consent;
x. without the prior written permission of Kroupys involves commercial activity, including the use of advertising, lotteries and competitions;
xi. violates any law, legislation, regulation or other to the Term and Conditions applicable regulation.
5.6 Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate, Kroupys therefore advices their Users to use Content for these purposes only. Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If the User believes that the User has a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors. If the User think that the User may have a medical emergency, call your doctor or your level emergency number (112 in the Netherlands) immediately.
6) Content of third parties
6.1 The Website most likely contains content and/or services from third parties and/or contains links to third-party websites, applications, services or any other form of third party content. The inclusion or presence of third party content on the Website does not imply that Kroupys approved or controlled this content. Kroupys is not responsible for the third party content, or third party content used by Users or visitors from the Website.
7) Notification of illegal Content
7.1 When a User considers another User or visitor of the Website to acts contrary to article 4, the user should immediately inform Kroupys by email.
This notification should:
i. include an explanation and a corresponding motivation that, according to the your judgment, the Content infringes on your rights;
ii. include contact information such as email address, name, address, and telephone number which could be used by Employees to contact you;
iii. include an statement, supported by evidence, that all information is truthful, complete and accurate;
iv. if it infringes the intellectual property rights, that you are the owner of the intellectual property rights;
v. if it infringes the intellectual property rights, include an explanation on the work or the work on which, according to your opinion, the intellectual property rights are infringed.
vi. be signed by the owner of the intellectual property rights or by those who are noticeably competent to act on behalf of the owner.
7.2 Kroupys has the right to notify the person, or company, responsible for the content on which the notification relates.
7.3 when Content, after notification, appears to be in violation with article 4, Kroupys removes or makes the Content inaccessible;
7.4 Kroupys reserves the right to decline a request for removal or a request for inaccessibility of the Content;
7.5 by making a notification of illegal Content the User indemnifies Kroupys and all its affiliates including but not limited to the directors, officers, employees, representatives and successors from all claims of third parties in connection to the removal of the Content, or from disabling access to the Content.
7.6 Kroupys will in no way party to a dispute between the User who published the Content and the User who has notified that such Content is posted.
7.7 Kroupys and its employees are not responsible for the content of its users and therefore cannot be forced to pay for any costs or damages that are made by the User in relation to the imposed Penalty.
8.1 Taking into account any other applicable legislation, laws or these Terms and Conditions, when the User is violating article 4 of these Terms and Conditions Kroupys is entitled to immediately and without any notice:
a) remove or modify the Content published by the User;
b) remove the Account of the User;
c) deny the User from having access to the Website.
9) Intellectual Property Right
9.1 All intellectual property rights to the Website, application and software – including design material, screen lay-out, user interfaces, logo, pictures, graphs, texts, trade names, trademark, films, data bases, api’s, audio- and multimedia files, or any other content, will remain vested in Kroupys or in the third party who granted Kroupys the rights. Intellectual property rights pertaining to any work will never be transferred to the User in any way.
9.2 The User will not be entitled to remove or change any intellectual property rights notices from, or in the Content.
9.3 Kroupys grants the User a non-exclusive, non-transferrable and revocable right of use, to use the Content for his own personal, non-commercial use. Users will not be entitled to imitate, multiply, change and/or adapt the works or to edit them in any way, nor to alienate, encumber them or to make them public.
9.4 User guarantees that the intellectual property rights of the Content and data uploaded by him or otherwise made available in the context of the Service are vested in the User, or that the User has been granted the right to make these Contents public through the Service, to multiply them or make them available in any other way. The user will indemnify Kroupys against any claim a Third Party alleging that such publication or the availability of Content and data infringes any of that Third Party’s rights.
9.5 The User grants Kroupys a non-exclusive, worldwide, transferrable right, which is free of royalties and permitting sub-licensing to use, change and adapt, or to edit the Content or data in any other way, to make them public and/or to multiply them for delivery of the Service in so far as this is permitted these Terms and conditions and the applicable rules of the mandatory law.
9.6 The User is aware and accepts that the Content of the Service may be used for personal use only. Any other use of the Content, including but not limited to reproduction, coping, publishing (part of) the Website or the Content, or the use for direct or indirect commercial purposes is not permitted without written permission of Kroupys or the User who holds the intellectual property rights.
9.7 The user is aware and accepts that the Content and data will be used by other Users or Third Parties. The users also is aware and accepts that the Content and data could be used in a way that might be in violation of these terms and conditions and, or, any statutory rules. Kroupys cannot be held liable for damages that might arise as a result.
9.8 Not a thing in this Terms and Conditions and/or in the Content is intended to transfer any intellectual property right to, or provide the Users and visitors of the Website with any intellectual property rights.
10.1 Kroupys, and her Employees do not accept any liability for direct and indirect damages, or costs of the User or third parties as a results of shortcoming in the fulfilment of an agreement with the User or for any other reason, this includes but is not limited to damages caused by the use of (parts of) the Service, or the inability to use the Service, including damages resulting from inaccuracy of incompleteness of any Content, except for direct or indirect damage caused by wilful recklessness or negligence of the board of Kroupys.
10.2 The User who acts in contravention with the obligation in these Terms and Condition is liable for any damages as a result of these actions.
10.3 Kroupys cannot be held liable for consequential damages, including but not limited to pure financial loss, loss revenues and profits, loss of data and/or immaterial damages, in relation to, or arising from, the Users use of the Service or the Website.
10.4 The User indemnifies Kroupys, her Employees and other Third Parties who act in behave of Kroupys, from claims for all damages and expenses arising from usage by the User on the Website and/or Service and in case of usage which is in violations with the obligations of these Terms and Conditions.
10.5 The User carries full responsibility for the Content published via his Account. Users recognize that Kroupys is in no way responsible for the Content of other Users or Third Parties.
10.6 In the event that Kroupys is to be held liable, Kroupys liability is limited to direct damages on the legal basis of death or physical injury only. Kroupys liability will in no event exceed the maximum sum permitted by mandatory law.
11) Rights and obligations
11.1 Kroupys will do her utmost best to keep the Website and the Service available to the User, however Kroupys does not warrant that the Website or the Service will be available at any time, without interference or interruptions.
11.2 Kroupys reserves the right to, without any warnings, block (parts of) the Website or the Service for maintenance, modification or improvements. Kroupys also reserves the right to change part of the Website or the Service by modifying, improving or removing, or otherwise adapting it.
11.3 Kroupys does not warrant that the Website, nor the Service, is free from defects or errors, or that the Website and the Service are up-to-date, accurate and/or accurate.
11.4 Kroupys is not responsible for the acting or omissions of their Users. The content of the Users, or other third parties, is a representation of the personal opinion of the User or third party and Kroupys will not be responsible for these contents.
12) Cancelling Account
12.1 The Account can be deleted if the User no longer wishes to use the Service. The User should notify Kroupys by email, including username and password, to convey that the Account can be deleted.
12.2 The Content posted by the User with a cancelled Account cannot be removed. Kroupys will anonymize personal data linked to the Account.
12.3 Kroupys and Employees are not obliged to pay for any costs or damage, of the User, that are in relation with the removal or cancellation of the Account for whatever reason.
12.4 Kroupys reserves the right to remove the Account if the User has not made use of his Login data to log on to the Service or the Website for over a period of twelve months.
13.2 The users guarantees that the Contents made available through his Account will not infringe any privacy rights to any third party and/or any other User.
14) Social Media
14.1 A Facebook and/or Twitter account may be required for access and use of the Website or the Service. Kroupys reserves the right to add or remove other social media platforms to the Service in the future.
14.2 By accessing and using the Website and/or the Service via Facebook or Twitter the User entitles Kroupys to access the Users personal social media page(s) to post status updates, including but not limited to: text, picture, audio, video and/or location.
14.3 By accessing and using the Website and/or the Service via Facebook or Twitter the User entitles Kroupys to collect all data which the User has provided on the social media platform which is used to access and/or use the Service. This data may include but is not limited to: name, profile picture, networks, user-id, email address(es), friends list, messages and (wall)posts.
14.4 By accessing and using the Website and/or the Service via Facebook or Twitter the User entitles Kroupys to send emails, tweets, personal messages or other types of messages to the collected email addresses and friends of the User.
14.5 The user is aware of the fact that content published on the internet can start a life of its own. Removal of the Account, content, files, data or any other material does not prevent multiplication.
15) Transfer of rights to third parties
15.1 Kroupys is entitled to transfer any of his rights and/or obligations under this agreement to a Third Party.
15.2 the User is not entitled to transfer any of his rights and/or obligations under this agreement to a Third Party.
16.1 Waiver of any of the rights under any provision in these terms and conditions will not be seen as a waiver of the rights under any of the other provisions in these terms or conditions or in an agreement; neither will waiver of any of the rights on account of a failure to meet any provision in these terms and conditions or in an agreement be explained as a permanent waiver of rights.
16.2 In the event one or more of the provisions in these terms and conditions should be void or voidable, or in the event performance of that provision cannot be demanded, the other provisions will continue to apply in full.
16.3 Amendments of and/or additions to these terms and conditions will only be valid if put down in writing and signed by Kroupys.
16.4 All agreements between Kroupys and the User, including these terms and conditions are governed by construed in and must be interpreted in accordance with the laws of the Netherlands.