ARTICLE 1. | DEFINITIONS
- Appaview B.V.: the user of these general terms and conditions, having its registered office at Marconiweg 3, 4131 PD in Vianen (the Netherlands), registered in the Trade Register under Chamber of Commerce number 80855717.
- User: any individual or legal entity or government body with whom/which Appaview B.V. has concluded an affiliation agreement or intends to do so.
- Consumer: the user within the meaning of preceding sentence and the natural person who does not act as part of performance of a profession or business within the framework of the user agreement.
- User agreement: the agreement concluded by the user and Appaview B.V. by way of registration of the user to the application by which Appaview B.V. has committed to the user for an indefinite period of time to provide the use of the application and by which the user can use the functionalities of the application subject to the conditions stated.
- Application: the platform and mobile app of Appaview B.V.
- Content: all text, photos, videos, composite content, including so-called Appaviews, and other data the information uploads and/or publishes via the application.
- Appaview: the content within the meaning of the preceding sentence linked to a single image that is scanned by the user by way of the application.
- In writing: both traditional written communication as well as digital communication saved on a durable data carrier, such as email communication.
ARTICLE 2. | GENERAL PROVISIONS
- If Appaview B.V. attaches special terms to the use of certain services, then these terms also apply to the user agreement.
ARTICLE 3. | REGISTRATION AND LEGAL RELATION PARTIES
- In order for the user agreement to be concluded a registration of the user on the application is required. The registration is realised by way of the application form on the application or via a third-party login. Each offer of Appaview B.V. with regard the entering into of the user agreement and the transactions concerning paid services, is free of obligation. Appaview B.V. is never under any obligation to enter into an agreement with the user.
- The user guarantees that the information he has provided in his registration or otherwise, such as his email address, gender and date of birth are correct and complete.
- Offensive, abusive or otherwise reasonably unlawful usernames are not permitted. The assessment of whether or not an unlawful username is considered is made at the exclusive discretion of Appaview B.V. Notwithstanding prior written permission of Appaview B.V., the user is not permitted to include domain names or website URLs in his username.
- In addition to that stated in subsection 2, the user guarantees that all the data he provides to Appaview B.V. at any time other than upon registration by way of the application or otherwise, are also correct and complete.
- For the duration of the agreement, the user must make the necessary changes to the profile data he provided in order to ensure that these details are complete and correct. The user can change his profile details in the manner stated on the application. In no way is Appaview B.V. liable for any damage arising as a result of the user details saved by Appaview B.V. being incorrect or incomplete.
- The user is not permitted to generate accounts for others via the application, except insofar as Appaview B.V. has authorised the user, such as companies or certain people, to generate accounts on behalf of another person or a company.
- The user is not permitted to fully or partially transfer his rights and obligations under the user agreement to third parties without prior written permission of Appaview B.V., in the absence thereof such a legal act is nullified or can be cancelled.
ARTICLE 4. | THE APPLICATION AND APPAVIEWS
- The user can use images of any media such as used in magazines or books, and enable them for scanning by using the application. The images published by the user via the application, are referred to as Appaviews. Users can scan any media by using the application and in case of image recognition, actions such as displaying a website, playing a video, showing a panorama or providing a composite view (augmented reality) are presented via the application. Users can save Appaviews as favourites on their device by using the application.
- An Appaview is shared for free insofar provided for by Appaview B.V. by way of the free content offered via the application. An Appaview can also be provided with commercial content offered by Appaview B.V. The consumers can request or buy products and services of these companies, in the understanding that this can only take place insofar as this is explicitly stated on the application.
- An Appaview is published by way of the application after it has been shared from publication date by the user, after which it is removed from the servers that Appaview B.V. uses, in the understanding that an Appaview is also saved as favourite on the device of the user. Appaview B.V. does not influence how long users save Appaviews on their device. Appaview B.V. bears no liability in this respect.
ARTICLE 5. | USER REQUIREMENTS AND LIMITATIONS OF THE APPLICATION
- The user is not permitted to upload or publish unlawful, violent, breaching, hateful, discriminatory, pornographic or sexually sensitive content by way of the application.
- The user agrees that he is responsible for all the data costs he incurs in respect of the use of the application.
- The user is liable for all activities performed via his account on the application. The user must keep his login details for access to his account confidential. All activities performed on the account of the user are attributed to the registered user. The user is exclusively responsible for his behaviour as well as for all content he uploads and publishes via the application.
- The user is strictly forbidden to insult, threaten, bully, stalk or intimidate persons via the application. Furthermore, the user is not permitted to publish private or confidential information via the application. Private and confidential information include, but are not limited to, non-public phone numbers, non-public email addresses, payment details, address details and other details relating to a person's ID.
- The user is not permitted to use the application for illegal or otherwise unlawful purposes. The user must comply with all the legislation, rules and requirements imposed by the government as they apply to the use of the application and the uploading and publishing of content by the user. Specifically, the user must comply with the applicable copyright legislation.
- The user is not permitted to hinder or disrupt the application or the servicers or the networks used by Appaview B.V. for the operation of the application, by, for example, sending worms, viruses, spyware, malware or other destructive or disruptive codes. The use of the application is exclusively permitted for the purposes for which the application was given into use by Appaview B.V. to the user.
- The user is solely responsible for his communication with other users of the application, both online and offline. The user indemnifies Appaview B.V. of claims in respect of the behaviour of any other fellow user of the application. In that case, Appaview B.V. is authorised, but not obliged, to adopt a reconciliatory or corrective role in disputes between the users. The user must use common sense in his communication with fellow users of the application. The same applies to the uploading and spreading of content.
- Appaview B.V. is authorised to cancel the right of use of the user to a certain username for any reason.
- Appaview B.V. is authorised to change the functionalities of the application, in the understanding that the user of functionalities already paid, will not disadvantaged in the use of those functionalities until the right of use already paid for has ended.
- Appaview B.V. bears no responsibility for the content uploaded and published via the application. The user uses the application exclusively at his own risk.
- The user always guarantees that he is the owner of the content he uploads and publishes via the application or is otherwise authorised to upload and publish this content by way of the application. The user also guarantees that the publication and use of the content via the application does not violate the rights of third parties as regards privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights. The user indemnifies Appaview B.V. against all claims of third parties that are based on the position that royalties, fees and other payments need to be paid for the use of the content published by the user.
- The information provided within the application is not intended for distribution to or use by persons or legal entities in legal areas or countries where such distribution or such use would violate the legislation or rules applicable there, or where it is a required that Appaview B.V. registers in the legal area or country in question. Appaview B.V. retains the right at all times to limit the availability of the application or any part thereof as it sees fit in respect of certain persons or geographical areas.
ARTICLE 6. TERMINATION OF THE USER AGREEMENT
- The user can terminate the user agreement by deregistering in the manner prescribed on the application. If the user terminates the user agreement with Appaview B.V. upon his own initiative, any amounts payable by him will never become eligible for restitution or remittance.
- Appaview B.V. is authorised to terminate the operation of the application for whatever reason and without prior notification, without being liable to the user for payment of any sum the user owes for a paid functionality of which the right of use has not lapsed upon termination of the operation, and proportionate to the part of the relevant right of use that has not been consumed.
ARTICLE 7. | PROVIDING OF SERVICES AND APPLICATIONS OF THIRD PARTIES
- The application can contain links to the website or services provided by third parties. The application can also contain content of third parties that is located beyond the control of Appaview B.V. and which it cannot approve or recommend. Furthermore, the application can also allow communication between the application and a website or services provided by third parties. For example, the application contains a function which allows the user to share content with third parties and then publishes that content via the service or application of the relevant third parties. Appaview B.V. has no control over these services and the applications of third parties. The user indemnifies Appaview B.V. against all claims in respect of the content of websites, applications and services provided by third parties. Appaview B.V. is not involved with any communication and agreements concluded by the user and third parties via the application. By using such applications of third parties, the user agrees that the content of the user is shared if the user uses an application of third parties to share the details, and that the use of the application of third parties by the user can lead to the personal details being made public and/or being linked to the user, even when Appaview B.V. has not provided these details.
ARTICLE 8. | FORCE MAJEURE
- Appaview B.V. does not have to meet any obligation resulting from the user agreement if and for as long as it is hindered in doing so due to a circumstance which cannot be attributed to him pursuant to the law, a legal act or generally prevailing opinions.
- For the duration of the force majeure the obligations of Appaview B.V. are suspended. If the compliance appears permanently impossible due to a force majeure, then the relevant user agreement is deemed dissolved for that part to which the force majeure relates.
- Damage as a result of a force majeure is never eligible for payment in the understanding that that stated in article 6.3 is applicable in full in the event of a force majeure.
ARTICLE 9. | COMMERCIAL FUNCTIONALITIES
- This article applies insofar the use of the application provides for commercial or paid functionalities, such as request for information or services, buy products and services of companies by consumers.
- Each offer of these companies with regard the entering into of the buy agreement, any other kind of transactions or services, is free of obligation. Appaview B.V. is never under any obligation to enter into an agreement with the consumer. Appaview B.V. is never a party in such buy agreements, transactions or services with consumers.
- In no way is Appaview B.V. liable for any dispute arising as a result of the consumer details processed by Appaview B.V. being incorrect or incomplete.
ARTICLE 10. | LIABILITY AND INDEMNIFICATION
- Users determine which content is uploaded and published on the application. Appaview B.V. is not complied to ensure whether the content uploaded or published by users or third parties by way of the application is unlawful, incorrect, incomplete or misleading. The user cannot assume that Appaview B.V. approves or recommends all content. Appaview B.V. therefore accepts no liability for the content uploaded and published with the help of the application. The user indemnifies Appaview B.V. against all his claims based on the statement that the content uploaded and/or published by way of the application is unlawful, incorrect, incomplete or misleading.
- Appaview B.V. is authorised at all times to change the application on points, minor or otherwise, and is not liable for damage resulting therefrom for the user.
- Appaview B.V. is not liable for damage resulting from unauthorised use of login details on the application.
- Appaview B.V. will do its utmost to optimise the correct operation and availability of the application. However, Appaview B.V. cannot guarantee that the facilities of the web space are available to an unlimited extent and will always operate without any problems. Any liability of Appaview B.V. in this respect is excluded.
- Appaview B.V. is always authorised to make the application or parts thereof temporarily unavailable if this is deemed necessary with regard to maintenance, upgrades, emergency repairs, resolving disruptions, adjustments and improvements to the application or the servers of Appaview B.V. or third parties whose services Appaview B.V. engages. All liability of Appaview B.V. as a result of the temporary inaccessibility of the reduced accessibility or usability of the application is excluded.
- Appaview B.V. is not liable for viruses or other harmful components that cause damage to the hardware or software of the user by way of the application or servers of Appaview B.V. or third parties, except in the event of intent and deliberate carelessness of Appaview B.V.
- If the application contains links, such as hyperlinks or links to the websites or applications of third parties, Appaview B.V. is never liable for the content of these websites or applications.
- Appaview B.V. will do everything it reasonably can to secure the application and the other systems of Appaview B.V., or to arrange this security, against any form of unlawful use by third parties. However, Appaview B.V. is never liable for the violation or (intellectual property) rights of the other party by third parties, nor for damage resulting from loss or damage of content or the sending of content as a result of insufficient security, except in the event of intent or intentional recklessness of Appaview B.V.
- By using the application, the user confirms and guarantees that his activities via the application are permissible by law in any legal district where he uses the application. The user indemnifies Appaview B.V. against all claims of third parties in this respect.
- Appaview B.V. is never liable for loss of income, loss suffered, damage resulting from business interruptions and other consequential damage.
- As such, the user is never entitled to demand a limitation in the operation of the application of Appaview B.V. or demand a limitation of the performance of any other (property) right of Appaview B.V. in respect of any claim, insofar this does not directly look after the interests of the user in respect of such a claim. The user is not entitled to forbid the development, production, distribution, advertising, showing or operation of the application or any other content that is owned by Appaview B.V. or is controlled by Appaview B.V., or to obstruct them in any way.
- The lapsing period of all claims and defences against Appaview B.V. ends by the lapsing of one year.
ARTICLE 11. | INTELLECTUAL PROPERTY
- All databank, copyrights and other intellectual property rights to the offered software, the domain name of Appaview B.V., the application and parts thereof, including the name "Appaview (B.V.)", the logo of Appaview B.V., the design, operation, images and sounds of the application, including headlines, adjusted images, button pictograms and scripts owned by Appaview B.V. insofar as these rights are not held by the user or third parties. The user is forbidden to multiply, change, reproduce in any way, make available to third parties, distribute, exploit or to create works and materials derived thereof which are subject to the rights held by Appaview B.V. or its licensees, unless this is necessarily related to the use of the application.
- The user is not permitted to remove, make illegible, hide or change the notifications or statements with regard to intellectual property rights.
- Appaview B.V. will never claim the ownership of content the user has uploaded via the application.
ARTICLE 12. | FINAL PROVISIONS
- The user agreement and any resulting legal relations between the parties are exclusively subject to Dutch law.
- Before bringing a matter before the court, the parties must first try to resolve the matter amicably between themselves.
- Insofar as this is not deviated from by mandatory law, then only the competent court within the district where Appaview B.V. resides will be appointed to settle any legal disputes.
- The Dutch version of the current conditions takes precedence over the explanation of the provisions contained therein.