Terms of use – Dutch Future Community

Welcome to the Dutch Future Community, the online community of the Stichting Dutch Future Society (the “Foundation”). Please read these terms of use (the “Terms”) carefully before using the Website and the Service as they form a legally binding contract between us. These Terms apply to the entire content of the website at http://www.dutchfuturesociety.nl (the “Website”), the use by you of the Dutch Future Community services provided through the Website (the “Service”) and any correspondence between us. If you register to become a Donator (the “Member”) then you indicate that you accept these Terms regardless of whether or not you choose to use the Service. If you do not accept these terms, then please do not use the Website or the Service.

By checking the “I agree to the Terms of use of the Dutch Future Community.” option and clicking on the “Register” button you agree to these Terms which will bind you. If you do not agree to these Terms, then we are unable to allow you access to the Website and/or the Service. Please do not access and/or use our Website and/or Service.

1. INTRODUCTION

1.1 In consideration of the payment by you of the then current fees specified at http://www.dutchfuturesociety.nl/ and you agreeing to abide by these Terms, we grant you access to use the Website and the Service on the terms set out in this document.

1.2 By accessing any part of the Website or the Service, you shall be deemed to have accepted the Terms in full which shall take effect immediately on your first use of the Website or Service. If you do not accept the Terms in full, you must leave the Website immediately.

1.3 The Foundation may revise these Terms at any time by updating this posting. Please check the Website from time to time to review the then current Terms, because they are binding on you. They are available at http://www.dutchfuturesociety.nl/terms-and-conditions-dutch-future-community

1.4 Any amendments, modifications, enhancements or changes to the Service made available by the Company from time to time shall be subject to these Terms.

2. RIGHTS GRANTED

2.1 You are permitted to use the Service for your own personal use on the basis that you have provided your legal full name, a valid email address, and any other information requested in order to complete the registration form, as well as agreed to any and all conditions set out in these Terms or on the Registration form.

2.2 Subject to the provisions of clause 2.3, all copyright and other intellectual property rights in the Service and material on the Website (including without limitation photographs and graphical images) are owned by the Foundation or its licensors. Any use of extracts from the Website for any purpose is prohibited.

2.3 All copyright and intellectual property rights in any information uploaded by you or your employees to the Website in connection with the Service shall remain vested in you, your employees or your licensors.

2.4 No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Foundation’s prior written permission.

2.5 Any rights not expressly granted in these Terms are reserved.

3. SERVICE ACCESS & TECHNICAL SUPPORT

3.1 Whilst the Foundation endeavours to ensure that the Website and Service is normally available 24 hours a day, the Foundation shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.

3.2 Access to the Website and the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Foundation’s control.

3.3 The Foundation will provide technical support to then current paying subscribers to the Service by email only. Technical support will only be provided for bugs or errors in the Service that are reproducible by the Foundation. You agree to provide the Foundation with full and accurate details of all bugs and errors in the Service requested by the Foundation. You acknowledge that the Foundation provides no warranty that all or any bugs or errors in the Service will be corrected.

4. ACCEPTABLE CONDUCT

4.1 You are prohibited from posting or transmitting to or from the Website and/or the Service any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licenses, consents and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.2 You may not use the Website or the Service:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way; or

(d) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

4.3 The Foundation shall fully co-operate with any law enforcement authorities or court order requesting or directing the Foundation to disclose the identity or locate anyone posting any material in breach of clause 4.1, 4.2 or 4.3.

5. REGISTRATION & PAYMENT

5.1 Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. The Foundation does not permit you to share your user name and password with any other person nor with multiple users on a network.

5.2 Responsibility for the security of any usernames and passwords issued rests with you.

5.3 For paying accounts, you agree to fill out, sign and return the SEPA Direct Debit form that you will receive after registration to the Service. Registration may be canceled without charge within 7 days.

5.4 By agreeing to the Payment Authorization and filling out the Direct Debit form, you authorize the Foundation to deduct the yearly Membership Fee (the “Fee”) from your bank account without prior notice. This authorization ends when the Service is cancelled in accordance with clause 5.9.

5.5 The Fee will be deducted after registering to the Service and subsequently in the first month after the 1-year term following the last deduction.

5.6 The Fee is subject to change at the discretion of the Foundation. Notice of any change in the Fee will be communicated to you by email in advance of any deduction of your bank account.

5.7 Fulltime students and PhD students will receive a 50% discount on the Fee after sending us a copy of a valid student card. Discounts are valid for one year only. At the renewal of the Service, you will be requested to provide a new copy of your valid student card.

5.8 Any and all discounts of the Fee are at the discretion of the Foundation and no rights can be derived from them.

5.9 If at any time you wish to terminate the Service, you can do so by filling out the Membership cancelation form. Cancellation requests should be submitted at least one month before the end of the 1-year term. The Foundation will endeavour to process your cancelation request as soon as possible. After cancelation you will be able to access the Service until the end of the 1-year term after your last payment, unless otherwise requested by you. The Membership cancellation form is available at http://dutchfuturesociety.nl/cancel-your-dfs-membership/

5.10 Please note that if you cancel your Service then you may lose content, features or capacity. We do not accept any liability for any loss of data or otherwise.

5.11 All fees include BTW and VAT.

6. DISCLAIMER

6.1 While the Foundation endeavors to ensure that the information provided on the Website and the information provided in connection with the Service is correct, the Foundation does not warrant the accuracy and completeness of such material. The Foundation may make changes to the material on the Website or to the Service at any time without notice. The material on the Website may be out of date, and the Foundation makes no commitment to update such material.

6.2 The material on the Website and the Service is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Foundation provides you with access to the Website and the Service on the basis that the Foundation excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website or the Service.

6.3 The Foundation reserves the right to make changes to your User Profile (the “Profile”) without notification in order for the Service to remain relevant, professional and otherwise in good condition as per the goals of the Service. These changes will be limited to style changes including but not limited to the cropping of your profile picture and grammatical, spelling and formatting errors. No substantive content, visual or otherwise, will be added without your specific approval. Content will only be removed by the Foundation if the Foundation finds it to be in conflict with the purposes of the Service as set out in the Terms and on the Website. If reasonably possible, you will first be given notice to remove any content in conflict with the purposes of the Service yourself before any action will be taken by the Foundation.

6.4 You acknowledge that:

(a) the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described on the Website meet your requirements;

(b) it is not possible to test the Service in advance in every possible operating combination and environment; and

(c) it is not possible to produce a Service known to be error free in all circumstances.

7. LIABILITY

7.1 The Foundation, any other party (whether or not involved in creating, producing, maintaining or delivering the Website or Service), and any of the Foundation’s board members, assistants, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or Service in any way or in connection with the use, inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or Service or your downloading of any material from the Website, the Service or any websites linked to the Website or Service.

7.2 Nothing in this legal notice shall exclude or limit the Foundation’s liability for:

(a) death or personal injury caused by negligence

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

7.3 If your use of material on the Website or the Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

7.4 Subject to clauses 7.1 and 7.2, the Foundation’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which you are obliged to pay the Foundation in the twelve (12) month period immediately prior to the period giving rise to such Claim.

8. TERMINATION

8.1 The Foundation may terminate this Agreement immediately by written notice to you if:

(a) you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

(b) a petition for a bankruptcy order to be made against you has been presented to the court; or

(c) you (being a company) becomes insolvent or unable to pay its debts, enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts.

8.2 Upon termination for any reason:

(a) all rights granted to you under these Terms shall cease;

(b) you must cease all activities authorized by these Terms;

(c) you must immediately pay to the Foundation any sums due to the Foundation under these Terms;

(d) you will not be entitled to any refund or credit in respect of any fee paid by you in advance for any canceled Service; and

(e) the Foundation may immediately and without further notice delete or remove any content, data or other information submitted by you or your Invitees to the Service.

These conditions are subject to the rights set out in clause 5.9

9. TRANSFER OF RIGHTS AND OBLIGATIONS

9.1 These Terms are binding on you and us, and on our respective successors and assigns.

9.2 You may not transfer, assign, charge or otherwise dispose of these Terms or any of your rights or obligations arising hereunder, without our prior written consent.

9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising hereunder, at any time.

10. NOTICES

10.1 All notices given by you to us must be given to Stichting Dutch Future Society at info [at] dutchfuturesociety .nl. We may give notice to you at either the e-mail or postal address you provided to us when registering. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

12. WAIVER

12.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these Terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13. SEVERABILITY

13.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. ENTIRE AGREEMENT

14.1 These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Website and the provision of the Services and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

14.2 We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

15. GOVERNING LAW AND JURISDICTION

15.1 This legal notice shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of Dutch Courts.