EDX - NoXcuses
Terms and conditions
Date: September 19, 2016
The service "Fangage" is offered over the internet by the company Artist's Company. The use of Fangage is subject to the below terms and conditions. Using Fangage constitutes acceptance of these terms and conditions.
Deviation from these terms and conditions is possible only by means of written confirmation by Artist's Company.
ARTICLE 1. USE OF THE SERVICE
1.1. The service Fangage allows you to publish a profile about yourself and to enjoy the content delivered to you by Artist's Company.
1.2. To use Fangage, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account against third parties. In particular you must keep your credentials strictly confidential. Artist's Company may assume that all actions undertaken from your account after logging in is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Artist's Company that your account is compromised.
1.4. Fangage processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult our privacy statement for more information.
2.1. It is not permitted to use Fangage for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on Fangage under the names of other people or to pretend to be another person, or a moderator/maintainer of Fangage.
2.2. In addition, on Fangage it is forbidden to:
- use indecent language;
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
- publish information that is false or that refers to other people than yourself;
- exercise commercial activities;
and to do anything that violates applicable netiquette.
2.3. Should Artist's Company discover that you violate any of the above, or receive a complaint alleging the same, then Artist's Company may intervene to end the violation. Artist's Company has the right to block, suspend or delete your account or to take other steps it deems reasonably to end the violation or to investigate the complaint.
2.4. If in the opinion of Artist's Company the continued functioning of the computer systems or network of Artist's Company or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Artist's Company may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Artist's Company is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Artist's Company is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
ARTICLE 3. AVAILABILITY AND MAINTENANCE
3.1. Artist's Company makes no promises regarding availability of the service.
3.2. Artist's Company actively maintains Fangage. Maintenance can take place at any time, even if this may negatively impact the availability of the service.
3.3. Artist's Company may from time to time adapt Fangage. Your feedback and suggestions are welcome but ultimately Artist's Company decides which adaptations to carry out (or not).
ARTICLE 4. INTELLECTUAL PROPERTY
4.1. The service Fangage, the accompanying software as well as all information and images on the website is the intellectual property of Artist's Company or its suppliers or licensors. None of these items may be copied or used without prior written permission of Artist's Company or its suppliers or licensors, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Artist's Company receives an unlimited license for use of this information, including the right to sublicense the information to third parties and the right to use this information for other services of Artist's Company.
4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Artist's Company may decide to adapt or remove the information.
4.4. You may change or remove information you publish or store using the service at your own discretion. Feel free to contact us if you need any help changing or removing your information.
4.5. If you send information to Artist's Company, for example a bug report or suggestion for improvement, you grant Artist's Company a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. Artist's Company shall refrain from accessing data you store or transfer using Fangage for purposes other than the provision of the service, unless Artist's Company is forced to do so by law or order of competent authority. In these cases Artist's Company shall use its best efforts to limit access to the information as much as possible.
ARTICLE 5. COMPENSATION FOR THE SERVICE
5.1. Fangage is offered to you at no charge. Artist's Company may (now or in the future) offer additional products or services through the platform for which a compensation is due. We will inform you about the amount of the compensation and the method of payment if this is the case.
ARTICLE 6. LIMITATION OF LIABILITY
6.1. Except in case of intentional misconduct or gross negligence Artist's Company shall not be liable for the use of the service or any damages in connection therewith.
6.2. Artist's Company in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Artist's Company at most two months after discovery.
6.4. In case of force majeure Artist's Company is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
ARTICLE 7. TERM AND TERMINATION
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. You may terminate the agreement at any time by ceasing your use of Fangage.
7.3. Artist's Company is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Artist's Company shall first send a reminder mail to the e-mail address connected to your account. In addition, Artist's Company is entitled to terminate the agreement in case Fangage is cancelled.
ARTICLE 8. CHANGES TO TERMS
8.1. Artist's Company may change or add to these terms and conditions at any time.
8.2. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Fangage after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Fangage shall be brought before the competent Dutch court for the principal place of business of Artist's Company.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Fangage service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Artist's Company shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Artist's Company is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Fangage or the associated business activities.