Terms and Conditions of Use (EN)
GENERAL TERMS AND CONDITIONS OF USE MARZIPAN MOUNTAINS
The service “Marzipanmountains” is offered to you via internet by the enterprise MARZIPAN MOUNTAINS. To the use of Marzipanmountains, the below terms and conditions are connected. By using Marzipanmountains, you agree herewith.
Deviations of or additions to these General Terms and Conditions are only binding if these have been accepted in writing by MARZIPAN MOUNTAINS.
Article 1. Use of the service
1.1 With Marzipanmountains you have the possibility to publish a profile of yourself, to conduct discussions, publish content, to get in contact with other users and to consult content. MARZIPAN MOUNTAINS does not mediate with the actual establishing contact between parties, but does maintain supervision on a suitable and legal use of the service.
1.2 To be able to use Marzipanmountains, you must firstly register yourself. After your registration, has been rounded off, you can immediately login to your account, and use the service.
1.3 You must shield off the access to your account by means of a username and password for unauthorised persons. In particular, you must keep the password strictly secret. MARZIPAN MOUNTAINS relies on the fact that all that takes place from your account after login with your username and password, takes place under your management and supervision. You are therefore liable for all these acts, unless you have reported to MARZIPAN MOUNTAINS that another person knows your password.
1.4 At Marzipanmountains, your personal data is being processed. You give permission for all forms of processing that falls within the scope of the service. Consult the Privacy Statement of MARZIPAN MOUNTAINS for more information.
Article 2. Rules of use
2.1 It is forbidden to use Marzipanmountains for acts that are in violation of the Netherlands’ or other applicable laws and regulations. Hereunder falls among others the storage or distribution via the service of information that is insulting libellous, or racist, as well as the creation of profiles in another person’s name or presenting oneself in another manner as another, or as a manager/moderator of Marzipanmountains.
2.2 In addition it is forbidden at Marzipanmountains:
- to use indecent language;
- to place information on places where that is undesirable (off-topic);
- to spread information that is pornographic or erotic (also if this is legal in itself);
- to spread information in violation of copyrights and other intellectual rights, or to place hyperlinks to such information;
- to assist others in violating the rights of third parties, such as by linking to hack tools or clarification over computer crime that obviously is intended to enable the reader to (let) commit the described criminal acts and not being able to defend himself against it;
- to violate the personal sphere of life of third parties, for instance by spreading without permission or necessity of personal data of third parties or the repeatedly bothering of third parties with communication undesired by these;
- to deploy for commercial purposes.
2.3 If MARZIPAN MOUNTAINS establishes, that you violate abovementioned terms and conditions, or receives a complaint about this, then MARZIPAN MOUNTAINS may take action by itself to terminate the violation.
2.4 If in the opinion of MARZIPAN MOUNTAINS hinder, damage or another danger emerges for the functioning of the computer systems or the network of MARZIPAN MOUNTAINS or third parties and/or of the provision of services via internet, in particular by excess sending of e-mail or other data, leaking of personal data or activities of viruses, Trojans and comparable software, then MARZIPAN MOUNTAINS is authorised to take all measures that it deems reasonably necessary to avert or prevent this danger. MARZIPAN MOUNTAINS is thereby in particular authorised to modify your contributions according to own insight.
2.5 MARZIPAN MOUNTAINS is at all times authorised to file criminal complaints regarding established criminal facts. Furthermore, MARZIPAN MOUNTAINS is authorised to release your name, address, IP-address and other identifying data to a third party that complains that you cause infringement on his rights or these General Terms and Conditions, provided that the correctness of that complaint in reasonableness is sufficiently likely, that there is no other manner to obtain this data and the third party has a clear interest in the release of the data.
2.6 MARZIPAN MOUNTAINS can take recourse for the damage as a consequence of violations of this code of conduct on you. You safeguard MARZIPAN MOUNTAINS from all claims of third parties in connection with information placed by you.
2.7 Users (also visitors of the website) of Marzipanmountains can submit easily facts and complaints about a publication etc. via a complaints procedure published by us. Click for that here.
Article 3. Availability and maintenance
3.1 MARZIPAN MOUNTAINS does not make any claim whatsoever regarding availability of the service.
3.2 MARZIPAN MOUNTAINS maintains Marzipanmountains actively. Maintenance can take place each moment, also if this can lead to a limitation of the availability. Maintenance will, if possible, be announced in advance.
3.3 MARZIPAN MOUNTAINS may from time to time modify the functionality of Marzipanmountains. Thereby, your feedback and suggestions are welcome, but ultimately, MARZIPAN MOUNTAINS will decide which modifications it introduces or not. MARZIPAN MOUNTAINS shall report at least thirty days in advance, which modifications it plans to introduce.
Article 4. Intellectual property
4.1 The service Marzipanmountains, the related software as well as all information and the content and images published by MARZIPAN MOUNTAINS itself on the website belong to the intellectual property of MARZIPAN MOUNTAINS. These may in no manner whatsoever be copied or used without separate written permission of MARZIPAN MOUNTAINS, except for in the instances in which that is lawfully permitted.
4.2 Information that you publish or store via the service is and remains your property (or that of your suppliers). MARZIPAN MOUNTAINS has an unlimited right of use on this information, inclusive of the right of onward sale (sub-licence) to third parties or use for other services of MARZIPAN MOUNTAINS. You declare that you are the entitled party to the content published by you, or that you are in any case authorised to use the published content and to grant MARZIPAN MOUNTAINS also the rights as referred to in this article.
4.3 You waive, insofar as the law (article 25 section 3 Dutch Copyright Act) offers the possibility, your personality rights/moral rights that rest on the content published by you. You shall, insofar the law offers the possibility, not object against use of the content as referred to in article 4.2, whereby an infringement is made on the rights as referred to in article 25 Dutch Copyright Act.
4.4 The right of use as referred to in this article is granted for an undefined time and cannot be withdrawn. The right of use continues to exist after termination of the agreement. In exceptional cases involving a substantive interest against continued use of the information, MARZIPAN MOUNTAINS can decide to modify or remove this information.
4.5 You may modify or remove information that you publish or store via the service according to own insight.
4.6 If you send information to MARZIPAN MOUNTAINS, for instance feedback about an error or a suggestion for improvement, then you give it an unlimited and everlasting right of use to use this information for the service. This does not apply to information you have explicitly marked as confidential.
4.7 MARZIPAN MOUNTAINS shall take no knowledge of private data that you store and/or spread via Marzipanmountains, unless this is necessary for a good provision of services or MARZIPAN MOUNTAINS is obliged thereto on the basis of lawful stipulations or a court order. In that case, MARZIPAN MOUNTAINS shall make an effort to limit the taking knowledge of the data as much as possible, insofar this lies within its power.
4.8 If MARZIPAN MOUNTAINS establishes that your contributions have been taken over by sites of third parties in combination with contributions of others, then MARZIPAN MOUNTAINS is authorised to act in its own name or on behalf of you against this in court. This clause does not forbid you to publish your contribution elsewhere, it solely concerns to be able to act against taking over of (substantially) all contributions of Marzipanmountains.
Article 5. Content published by MARZIPAN MOUNTAINS
5.1 The content published by MARZIPAN MOUNTAINS itself, such as texts, blogs reports etc. are offered without any form of warranty on correctness and contain only the opinion of the writer.
5.2 If there is an instance of content or quotes which are based on sources or content of third parties, then MARZIPAN MOUNTAINS shall state this source or refer thereto by means of hyperlinks. MARZIPAN MOUNTAINS has no contractual relation with these third parties and is also not responsible for the website to which is referred.
Article 6. Compensation for the service
6.1 Marzipanmountains is offered to you, entirely free of charge.
Article 7. Liability
7.1 Except for in case of wilful intent or conscious recklessness, MARZIPAN MOUNTAINS accepts no liability whatsoever for the use of the service.
7.2 MARZIPAN MOUNTAINS is explicitly not liable for indirect damage, consequential damage, missed profit, missed savings and damage by enterprise stagnation.
7.3 Precondition for the emergence of any right to compensation of damages is that you report the damage no later than within two months after discovery in writing to MARZIPAN MOUNTAINS.
7.4 In case of Force Majeure, MARZIPAN MOUNTAINS is never required to compensation of the damage emerged because of it. Of Force Majeure is among others an instance in case of disruptions or fall-out of the internet, the telecommunication-infrastructure, power cuts, domestic unrests, mobilisation, war, delay in the transport, strike, exclusions, enterprise disruptions, stagnation in supply, fire and flooding.
7.5 You safeguard MARZIPAN MOUNTAINS from all claims of third parties (including entitled parties) to the content published by you and claims of supervisors, which are connected with the use of the service offered by MARZIPAN MOUNTAINS and the website and/or the content published by you.
Article 8. Duration and cancellation
8.1 This agreement starts as soon as you use the service for the first time and then runs for an undefined time.
8.2 You can cancel the agreement at any moment, by de-registering and removing the content.
8.3 MARZIPAN MOUNTAINS can terminate the agreement if you have made no use of the service during a period of eighteen months. It shall in that case firstly send a reminder e-mail to the e-mail address that is linked to your account.
8.4 Upon termination you are responsible for the exporting of possible content published by you. The account data etc. shall after termination not be visible anymore. Possible comments on published content shall however not be removed.
Article 9. Changes prices and terms and conditions
9.1 MARZIPAN MOUNTAINS may modify these terms and conditions at any moment.
9.2 MARZIPAN MOUNTAINS shall announce the changes or additions at least thirty days before coming into force via the service so that you can take knowledge thereof.
9.3 If you do not wish to accept a change or addition, then you can cancel the agreement up to the date of coming into force. Use of the service after the date of coming into force applies as acceptation of the changed or added terms and conditions.
Article 10. Other stipulations
10.1 The Laws of the Netherlands are applicable to this agreement.
10.2 Insofar not prescribed otherwise by the rules of mandatory law, shall all disputes in connection with Marzipanmountains be submitted to the competent Netherlands’ court in the court district in which MARZIPAN MOUNTAINS has its seat of business.
10.3 If a stipulation in these Terms and Conditions of Use requires that a notification must take place “in writing”, then this is also complied with if the notification is executed per e-mail or communication via the service, provided that it has been established to a sufficient degree that the message originates from the alleged sender and that the integrity of the message has not been affected.
10.4 The version of communication or information such as stored by MARZIPAN MOUNTAINS is deemed to be correct, unless you provide proof to the contrary in that matter.
10.5 If a stipulation in these Terms and Conditions of Use proves to be invalid, then this does not affect the validity of the entire Terms and Conditions of Use. Parties shall in this case establish for the replacement (a) new stipulations(s), with which as much as possible by law, the intention of the original stipulation(s) will be represented.
10.6 MARZIPAN MOUNTAINS is authorised to assign its rights and obligations from the agreement to a third party that takes over Marzipanmountains or the concerned company activity from it.
3252CP Goedereede, The Netherlands