Acceptancepages Terms of Use

• Acceptancepages service
• Account/profile
• Use of the Website
• Intellectual property rights
• Uploading files/license
• Prohibited content
• Notice of unlawful content
• Paid services and products
• Discontinuation of services
• Privacy
• Content of third parties
• Liability
• Miscellaneous provisions

June 2010

We recommend you to read these Terms of Use with due care so that you are aware of your rights and obligations when you make use of Acceptancepages. By using the Acceptancepages website - accessible via Acceptancepages.com and Acceptancepages domains with other extensions ("Website") and via other means, for instance via other (mobile) devices and the Acceptancepages API, - in any way whatsoever, you accept to being bound to these Terms of Use. This also means that you guarantee that someone who is using Acceptancepages on your computer will also comply with these Terms of Use. Acceptancepages is entitled to amend these Terms of Use at any time without notifying the users of this. If you continue the use of Acceptancepages after one or more amendments to the Terms of Use, this will imply that you accept this (these) amendment(s) irrevocably. It is therefore sensible to view these Terms of Use regularly.

1. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
2. You may use the Services only if you can form a binding contract with Acceptancepages and are not a person barred from receiving services under the laws of The Netherlands or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
3. The Services that Acceptancepages provides are always evolving and the form and nature of the Services that Acceptancepages provides may change from time to time without prior notice to you. In addition, Acceptancepages may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Acceptancepages on the Services are subject to change. In consideration for Acceptancepages granting you access to and use of the Services, you agree that Acceptancepages and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
5. Acceptancepages does not regulate the communication between users mutually or between users and the Acceptancepages service as to its content. Therefore Acceptancepages has no control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Acceptancepages is not liable for the acts or omissions of its users including the files, data and/or materials they make available on the Acceptancepages website. Therefore Acceptancepages does not give warranties with regard to the content of files, data and/or materials provided by users.

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1. Acceptancepages may at its own discretion decide whether or not to provide you with an account.
2. If we disable your account, you will not create another one without our permission.
3. You guarantee to Acceptancepages that the information provided by you to Acceptancepages, is complete, truthful and accurate including your personal details such as your name and email address. You agree that we save your details and use them in connection with the management of your account. Please consult our Privacy Statement in that regard.
4. You will not create more than one personal profile.
5. You will not use your personal profile for your own commercial gain
6. You may not create accounts in the name of another person, unless that other person has granted his/her consent to do so
7. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use.
8. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Acceptancepages cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
9. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
10. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
11. You will not use Acceptancepages if you are under 13.
12. You will not use Acceptancepages if you are a convicted sex offender.
13. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
14. You can terminate your account at any required time according to the procedure as described in the help section.
15. Profiles are for persons or bands/artists only. For companies and/or the catering industry a special Acceptancepages membership can be created. Profiles of companies will be deleted.

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1. Without prejudice to the other clauses in these Terms of Use, the activities you carry out within the scope of Acceptancepages may not:
   • be based on lies and/or be misleading;
   • infringe the rights of Acceptancepages or third parties, including copyrights, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;
   • infringe any law, regulation, bye-law or any other applicable regulations;
   • contain viruses, Trojan horses, worms, bots or other programmes that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website’s technical protective measures and/or the computer systems of Acceptancepages;
   • be of a commercial nature, subject to the prior written consent of Acceptancepages; or
   • in any other way be unlawful towards Acceptancepages and/or a third party.
2. You will not send or otherwise post unauthorized commercial communications (such as spam) on Acceptancepages.
3. You will not collect users' content or information, or otherwise access Acceptancepages, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Acceptancepages.
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account belonging to someone else.
7. You will not bully, intimidate, or harass any user.
8. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
9. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions and notifications.
10. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Acceptancepages without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
11. You will not use Acceptancepages to do anything unlawful, misleading, malicious, or discriminatory.
12. You will not do anything that could disable, overburden, or impair the proper working of Acceptancepages, such as a denial of service attack.
13. You will not facilitate or encourage any violations of this Statement.

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1. You acknowledge and agree that the Website contains files, other content and programmes which are owned by Acceptancepages, licensors and/or users of Acceptancepages and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademark rights and patents.
2. Under the conditions set out in these Terms of Use, Acceptancepages grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available via the Website in the manner and in the format that these files are made available on the Website. Downloading, copying, altering, disclosing files, data, programs and/or materials, or using them, either directly or indirectly for commercial purposes or any purpose other than those mentioned above is explicitly not allowed, subject to the prior consent of Acceptancepages or the relevant rights holder. This means, inter alia, that substantial parts of the Website may not be extracted or re-utilized and that non-substantial parts of the Website may not be extracted or re-utilized repeatedly and systematically within the sense of the Database Act without prior written consent of Acceptancepages.
3. Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the Website is limited to what has been described in these Terms of Use.
4. You herewith declare that you will not perform any acts which infringe on the (intellectual property) rights of Acceptancepages or third parties. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet). Without prejudice to the above, the acts as mentioned in clause 4.2 will also be regarded as an infringement on Acceptancepages’ ownership rights in its computer systems.
5. It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.

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1. Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via the Website to the Website’s visitors.
2. You acknowledge and agree that by making files, data and/or materials available to Acceptancepages (by which in these Terms of Use amongst others is meant: uploading them)
3. you automatically grant to Acceptancepages:
   • a free, unencumbered, worldwide, sub-licensable, non-exclusive license to
     • use, reproduce, disseminate and publicize the files, data and/or materials in connection with the Acceptancepages service; and
     • to use and reproduce (and to allow third parties to use and reproduce) the files, data and/or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the Acceptancepages service;
   • the right to remove, intentionally or unintentionally, and for whatever reason and also without any reason being given, from the Acceptancepages servers and from the Website any files, data and/or materials made available by you, without Acceptancepages becoming liable to you or a third party in any way whatsoever as a result of such removal.
4. The license meant in clause 5.2 expires at the moment you or Acceptancepages removes the respective files, data and/or materials from the Website.
5. You acknowledge and agree that the files, data and/or materials you have made available to Acceptancepages, will be used by other users of Acceptancepages. Acceptancepages does not accept any liability for the compliance by the users of Acceptancepages with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Acceptancepages, are used in a manner which is contrary to or is not provided for in these Terms of Use. Acceptancepages is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party in relation to the files, data and/or materials made available by you.
6. You are fully, independently and solely responsible for all use you make of the Website, including - but not limited to - making available files, data and/or materials and sending and sharing files, data and/or materials.
7. You guarantee to Acceptancepages that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 5.2 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify Acceptancepages and all its affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with these Terms of Use. All the costs incurred and damage suffered by Acceptancepages in any way in connection with these claims will be reimbursed by you.
8. By making files, data and/or materials available to Acceptancepages, you guarantee that:
   • you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to Acceptancepages the rights as meant in these Terms of Use;
   • the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Acceptancepages, and that no consent or license is necessary or required from you or any third party for using the files on the Website;
   • you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available;
   • Acceptancepages will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including collective right organisations;
   • you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective right organisations, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.
9. We always appreciate your feedback or other suggestions about Acceptancepages, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

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1. This article enumerates a non-exhaustive list of content you may in any event not make available via Acceptancepages (it being at the sole discretion of Acceptancepages to decide whether certain content is or is not permitted):
   • Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
   • Content which incites to violence against and/or harassment of another person or other persons;
   • Content which leads to or is the result of exploitation or abuse of others;
   • Content which according to Acceptancepages is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;
   • Content which asks for personal data of minors and/or makes available personal data of other persons;
   • Content which encourages or commits the performance of illegal activities;
   • Content which infringes intellectual property rights, privacy rights or any other rights of Acceptancepages or third parties;
   • Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;
   • Content which, without the prior written consent of Acceptancepages, involves commercial activity such as advertising, lotteries, contests or pyramid games;
   • Content which includes a photograph or likeness of another person without that person’s consent;
   • Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms of Use.

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1. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
2. Acceptancepages will examine notices of infringement on rights of third parties by users of Acceptancepages and if possible take measures against it. If you are of the opinion that a Acceptancepages user infringes your rights, please inform us of this by sending an email to service@Acceptancepages.com This notice should
   • include the URL from which the material that in your opinion infringes your rights can be found on the Acceptancepages website;
   • include a statement that in your view your rights have been infringed upon and why;
   • include contact details where Acceptancepages can contact you, such as your name, address, telephone number and email address;
   • include a statement supported by documentary evidence that the information in your notice is accurate and complete.
3. Acceptancepages reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.
4. If it is evident from the notice that the content is manifestly unlawful, Acceptancepages will remove it or make it inaccessible.
5. Acceptancepages reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Acceptancepages may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the content concerned is manifestly unlawful.
6. By issuing a notice you indemnify Acceptancepages and all affiliated companies as well as its board, board members, employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that Acceptancepages suffers and the costs it incurs or will yet suffer or incur or the costs which Acceptancepages has to incur in relation to such claim, including - but not limited to - reimbursing the costs of legal assistance.
7. Acceptancepages will not in any way be a party to any dispute between the person having issued the notice and the user to which the notice refers.
8. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Acceptancepages be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

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1. You pay the price stated on the Website for the Products and/or Services ordered via the Website. Payment is made in the manner indicated in the agreement or elsewhere on the Website. Unless explicitly agreed otherwise, payment must be made when you place the order or enter into an agreement.
2. The prices stated on the Website may, without prior announcement, be changed. Only the price stated on the Website when the agreement is concluded will be binding.
3. You cannot hold Acceptancepages to any offers and/or prices if you should in all reasonableness have known that the offer and/or the price are/is an obvious mistake or obvious error in writing.

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1. In addition to the other (legal) remedies at Acceptancepages’ disposal, Acceptancepages is at all times, without reasons being given and without prior explanation entitled, to restrict, suspend or discontinue your activities in connection with Acceptancepages temporarily or permanently, to discontinue and/or remove your account temporarily or permanently, to remove files, data and/or materials, to send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that:
   • you act contrary to these Terms of Use;
   • we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Acceptancepages. Acceptancepages will not have any liability whatsoever in this respect.
2. If your use of a paid service of Acceptancepages is terminated, for any reason whatsoever, you are not entitled to a refund of any advance payments. In such cases the payments already made accrue to Acceptancepages.
3. Acceptancepages does not guarantee that the Acceptancepages service will be available at all times and without interruption or breakdowns.

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1. By using the Website you are bound by our Privacy Statement.

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1. It is possible that the Website contains content and services of third parties and/or links to websites of third parties ("Content of Third Parties"). The inclusion or present of Content of Third Parties on the Website does not imply that Acceptancepages has approved and/or checked such Content. Acceptancepages is not responsible for the content and manner of operation of Content of Third Parties or for any use thereof by the users of the Website.
2. The applicable terms and conditions of third parties apply to the products and services offered by those third parties.

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1. Acceptancepages does not accept any liability for damage resulting from an attributable failure in the performance of the agreement to provide services, including but not limited to damage resulting from or in connection with the use of the Website or the impossibility of using it and/or any associated services of Acceptancepages or an unlawful act or otherwise, insofar as permitted under mandatory law.
2. Insofar any liability rests with Acceptancepages based on such provisions, the liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the payments actually made by you to Acceptancepages in the current calendar year (exclusive of VAT) for the products and/or services from which the liability of Acceptancepages ensued.
3. Acceptancepages will never be liable for any consequential damage including clear financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the services rendered by Acceptancepages and/or your use of the Website.
4. A prerequisite for the right to damages is that you will at all times report the damage to Acceptancepages as soon as possible after suffering it. Any claim to damages against Acceptancepages lapses 12 months after the claim arises.
5. This restriction of liability does however not mean that Acceptancepages excludes any liability for intent and/or gross negligence on the part of Acceptancepages ("own actions") itself and/or the Acceptancepages board.

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1. These Terms of Use include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.
2. Without prejudice to any existing statutory obligations on the part of Acceptancepages to retain the agreement between you and Acceptancepages in connection with the use of the Website, Acceptancepages does not have to keep any archived agreement accessible for you.
3. If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect.
4. These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.

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