Disclaimer
These Terms of Use are applicable to your use of the Cyberdigma Network offered by Cyberdigma. Please read these Terms of Use carefully so that you know what your rights and obligations are when you use the Cyberdigma Network. By using the Cyberdigma Network or the Website in any way whatsoever, you accept being bound to these Terms of Use. You can download these Terms of Use here: http://www.Cyberdigma/files/termsofuse.pdf.1. Definitions
The following terms, indicated with a capital, shall have the following meaning:
| Account: | a personal section created by you when you sign in to the Cyberdigma Network and containing personal data and your Digital MINDZ DNA. |
| Applicant: | the person or business submitting a Notice. |
| Circle: | a private online network within the Cyberdigma Network, which can only be joined by Users who received an invitation and the contents of which, including User Content, can only be viewed by members of the Circle. |
| Database: | the aggregated (personal) details of all Users that are registered by Cyberdigma, including your Digital MINDZ DNA. |
| Digital MINDZ DNA: | your online profile created by Cyberdigma based on the preferences you submit during the creation of your Account and on your subsequent behavior on the Website and your use of the Cyberdigma Network, including the information and data which make up your Account. |
| Events: | offline events organized by Users via the Cyberdigma Network. |
| Information: | all material placed on the Website or made accessible via the Cyberdigma Network by Cyberdigma. For the avoidance of doubt, User Content is not included in the Information. |
| Intellectual Property Rights: | all intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as rights to know-how and one-line performances. |
| Cyberdigma: | the private company with limited liability Cyberdigma B.V. having its registered office at Planetenbaan 100 in (3606 AK) Maarssen and listed at the Chamber of Commerce under number 30229383. |
| Cyberdigma Applications: | remotely accessible web-based functionalities of Cyberdigma, such as the functionality to organize Events. |
| Cyberdigma Network: | the service provided to you by Cyberdigma free of charge via the Website and which is described on the Website and in Clause 3 hereof. The term Cyberdigma Network shall include Cyberdigma Applications. |
| Notice: | a complete and correctly filled out form by which alleged illegal User Content is reported to Cyberdigma pursuant to the Notice of Alleged Illegal User Content and in accordance with the Conditions for Notice of Alleged Illegal User Content. |
| Password: | the password given by you during the creation of your Account. |
| Plaza: | a public online network within the Cyberdigma Network, which all Users may join and the contents of which, including User Content, can be viewed by anyone. |
| User: | a natural person who has created an Account and is using the Cyberdigma Network. |
| User Content: | all material placed on the Website or made accessible via the Cyberdigma Network by Users including, but not limited to, comments, blogs, messages, audiovisual material and the announcement of events. |
| User Name: | the Cyberdigma name chosen by you during the creation of your Account and under which you log in to Cyberdigma. |
| Website: | the website of Cyberdigma, www.Cyberdigma, including all the subdomains and other websites operated by Cyberdigma. |
2. Applicability and amendment of Terms of Use
| 2.1 | These Terms of Use are applicable to any use you make of the Cyberdigma Network or the Website. |
| 2.2 | Cyberdigma is entitled to amend, update or supplement these Terms of Use at any time. Any amended, updated or supplemented Terms of Use can be found on the Website. If any modifications to these Terms of Use significantly alter your rights or obligations, Cyberdigma will notify you by means of a message on the Website and via a system notification message. |
| 2.3 | By using the Cyberdigma Network or the Website after these Terms of Use have been amended or updated, you irrevocably accept the new Terms of Use. If you don not agree with any amendments, updates or supplements, your only remedy is to no longer use the Cyberdigma Network and to terminate your Account. Cyberdigma therefore recommends that you regularly consult the Terms of Use. |
3. The Cyberdigma Network
| 3.1 | The Cyberdigma Network can be described as a social networking platform for professionals. Cyberdigma is more in particular an online social business network for everyone with a passion to share their knowledge, ideas and experiences with others. The Cyberdigma Network offers for instance the possibility to contact other Users online and to create (public or private) online networks by inviting them to join a network via the Cyberdigma Network, to write web logs and to upload User Content. The Cyberdigma Network also offers tools to contact other Users offline and to organize events. |
| 3.2 | By analyzing your Digital MINDZ DNA, Cyberdigma will provide you with or display to you the most relevant User Content, Information and events. |
| 3.3 | You accept and agree that the Cyberdigma Networks is rendered on an “as is basis”. Cyberdigma excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Cyberdigma Network. |
4. Your Account
| 4.1 | In order to use the Cyberdigma Network and all options thereof optimally you have to create an Account as described on the Website. You guarantee to Cyberdigma that the information provided when creating your Account is complete, correct and accurate. It is not allowed to create an Account in name of another person. You have to submit a User Name and Password by which you can access the Account. |
| 4.2 | All information and data provided by you during the creation of your Account will be saved in the Database and processed in accordance with the Cyberdigma Privacy Policy which you can find here or download here: http://www.Cyberdigma/files/privacystatement.pdf. |
| 4.3 | You are responsible for keeping your Password confidential. You are liable for all use made of the Cyberdigma Network via the combination of your User Name and Password. Cyberdigma will assume that you are indeed the person who has signed in with your User Name and Password. As soon as you know or have reason to assume that your User Name and Password have come into the hands of (a) unauthorized person(s), you must inform Cyberdigma of this, notwithstanding your own obligation to take immediate and effective measures such as for instance changing your Password. |
| 4.4 | Everybody can create an Account. However, if you are below the age of 16 you need the consent of your legal representative(s) (your guardian or (one of) your parents). By accepting these Terms of Use you guarantee that you are at least 16 or that you have obtained the consent of your legal representative(s) to create an Account |
| 4.5 | Cyberdigma reserves the right to change the log-in procedure, your Password and/or your User Name if they regard this necessary in the interest of the (correct) operation of the Cyberdigma Network. User Names will be removed and/or revoked if they constitute an infringement on any rights of third parties or are otherwise regarded as undesirable by Cyberdigma. |
5. Use of the Cyberdigma Network
| 5.1 | You are responsible for any activities performed by you on the Website or via the Cyberdigma Network, including for User Content you submit and for the organization of Events. Notwithstanding the other provisions of these Terms of Use, any use of the Cyberdigma Network by you, including the User Content you submit, shall not:
| ||||||||||||||
| 5.2 | Any technical facilities required in order to be able to use the Cyberdigma Network including, but not limited to, hardware and the availability of an internet connection as well as the costs of their use, will be at your own expense. | ||||||||||||||
| 5.3 | It is not allowed to copy (parts of) the Website, User Content and/or Information on websites of third parties. | ||||||||||||||
| 5.4 | Except as expressly allowed by mandatory law, you may not (i) copy, make available, sublicense or otherwise commercialize the Cyberdigma Network, (ii) modify, translate or otherwise create a derivative work of the Cyberdigma Network within the meaning of Article 13 of the Dutch Copyright Act (Auteurswet), or (iii) disassemble, decompile or reverse engineer the object code or source code of the Cyberdigma Network or any part thereof. | ||||||||||||||
| 5.5 | Cyberdigma may take technological measures to protect the Cyberdigma Network and individual parts of the Cyberdigma Network. You may not remove or circumvent such technological measures. |
6. User Content
| 6.1 | Notwithstanding the provisions set out in Clause 5.1, you guarantee that you will not make available and/or transmit any User Content via the Cyberdigma Network which
| ||||||||||||
| 6.2 | You retain all Intellectual Property Rights to User Content submitted by you. You acknowledge and agree that by making User Content available you automatically grant to Cyberdigma a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the User Content in connection with the Cyberdigma Network and to use the User Content for marketing and/or promotional purposes in connection with the Cyberdigma Network. | ||||||||||||
| 6.3 | You acknowledge and agree that the User Content you make available to Cyberdigma will be used by other Users. Cyberdigma does not accept any liability for compliance with these Terms of Use by the users of Cyberdigma. | ||||||||||||
| 6.4 | You acknowledge and understand that other Users determine the contents of the User Content offered by them. Cyberdigma is not aware of the contents of any User Content. Therefore Cyberdigma can not give any guarantees and does not accept any liability for the User Content offered by Users. | ||||||||||||
| 6.5 | If you are of the opinion that User Content is unlawful, you can report this to Cyberdigma. You can find more information about the Notice in Notice of Alleged Illegal Content section (http://www.Cyberdigma/files/noticeOfAllegedIllegalContent.pdf). | ||||||||||||
| 6.6 | Cyberdigma reserves the right to change or remove User Content for any reason and without any further notice and without having to pay any compensation. In particularly Cyberdigma may do so in, but not limited to, cases in which you violate Clause 5.1 and/or Clause 6.1. This paragraph does not withstand the right to take further legal action including, but not limited to, providing your personal details to third parties. |
7. Interruption of the Cyberdigma Network
| 7.1 | Cyberdigma is entitled to put the Website and/or the Cyberdigma Network (temporarily) out of Cyberdigma Network and/or to reduce the use of it without any prior notice and without being obliged to pay compensation to you, if to the discretion of Cyberdigma this is necessary for instance in connection with the reasonably required maintenance of the Website and/or the Cyberdigma Network. |
| 7.2 | Cyberdigma is entitled without any prior notice, to apply procedural and technological changes and/or improvements to the Website and/or the Cyberdigma Network. |
8. Intellectual Property Rights
| 8.1 | All Intellectual Property Rights with regard to the Website, the Cyberdigma Network, the Information and the Cyberdigma Applications, including the Intellectual Property Rights to the texts, images, designs, photographs, software, audiovisual material and other materials are vested in Cyberdigma and/or their licensors. |
| 8.2 | Under the conditions as set out in these Terms of Use, Cyberdigma grants you a restricted, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to use the Cyberdigma Network and the Information and to view the User Content. |
| 8.3 | It is expressly not allowed to download, copy, change, or make public the Database, the Information, the Cyberdigma Applications and files, data, programs and/or materials, or to use them for direct or indirect commercial purposes or to use them for any other purpose than the purposes mentioned in these Terms of Use unless Cyberdigma has given its explicit consent. This does not apply to User Content which you made lawfully public yourself via the Cyberdigma Network. |
| 8.4 | It is not allowed to remove, make illegible, hide or change notifications with regard to Intellectual Property Rights. |
| 8.5 | Nothing in these Terms of Use is meant to assign any Intellectual Property Rights to you. You shall not perform any acts which may infringe upon the Intellectual Property Rights of Cyberdigma such as registering domain names or trademarks which are similar or identical to any object of which Cyberdigma has the Intellectual Property Rights. |
9. Privacy
During the creation of your Account and during the provision of the Cyberdigma Network, you will supply Cyberdigma with personal data. These personal data will be saved and processed according to the Cyberdigma Privacy Statement (http://www.Cyberdigma/files/privacystatement.pdf) and the applicable legislation and regulations.
10. Database
The database of Cyberdigma is to be regarded as a database within the sense of Section 1, opening sentence and under (a) of the Dutch Databases Act (Databankenwet). Cyberdigma is the producer of this Database and in that capacity has the exclusive right to grant consent for the use of data from this Database. You may only use data from the Database insofar as use is allowed pursuant to these Terms of Use and for the performance of the Cyberdigma Network and you are not allowed without the prior written consent of Cyberdigma to retrieve and re-use a substantial part of the User Contents of the database(s) and/or retrieve and repeatedly and systematically reuse non-substantial parts of the User Contents of the database(s) within the sense of the Databases Act.
11. Liability and guarantees
| 11.1 | Any and all liability of Cyberdigma, whether based upon attributable failure, tort or otherwise, is fully excluded, including but not limited to damage resulting from or in connection with the use of the Website and/or the Cyberdigma Network or the impossibility of using it or pursuant to an unlawful act or otherwise insofar as this is allowed under mandatory law. |
| 11.2 | Cyberdigma does not guarantee that the Cyberdigma Network will be accessible at all times and without any interruptions or failures, for instance as a result of failures in the internet or phone connection, by viruses, faults/defects or caused by third parties whom Cyberdigma uses in rendering the Cyberdigma Network. Cyberdigma is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the Cyberdigma Network being (temporarily) unavailable or (temporarily) broken down, such as, without limitation, damages resulting from the unavailability of the Event organizing functionality. |
| 11.3 | Your only remedy for allegedly suffered damages is to discontinue the use of the Cyberdigma Network and to cancel your Account. |
| 11.4 | This Article does not limit Cyberdigma’s liability for damages caused by gross negligence or willful intent by the board of directors or the executive management of Cyberdigma. |
| 11.5 | You guarantee to Cyberdigma that you are entitled to make use of the Cyberdigma Network in the manner as contemplated in and that you will act in strict accordance with these Terms of Use. |
12. Indemnification
| 12.1 | You fully indemnify and hold harmless Cyberdigma against any and all claims by third parties based on the allegation that any activities performed by you in using the Cyberdigma Network, such as placing User Content, are in any way unlawful. This includes, without limitation, any activities that are in violation of Clauses 5.1 and 6.1 hereof or that constitute an infringement on any Intellectual Property Rights. |
| 12.2 | You fully indemnify and hold harmless Cyberdigma against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Website, the Cyberdigma Network and/or a violation of these Terms of Use and/or any rights of third parties. |
13. Term and termination
| 13.1 | You are entitled to discontinue the use of the Cyberdigma Network at any time and to terminate your Account. |
| 13.2 | In addition to the other remedies or means available to Cyberdigma, Cyberdigma is at all times entitled to (temporarily) restrict, suspend or put out of use your activities in connection with the Cyberdigma Network without giving any reason and without any prior explanation, to discontinue and/or to remove your Account temporarily or permanently, to remove User Content, to issue a warning, to terminate the Cyberdigma Network and to refuse to provide you with the Cyberdigma Network, particularly, without limitation, if you act contrary to these Terms of Use and/or Cyberdigma is of the opinion that your acts may inflict damage or cause liability for Cyberdigma or yourself with regard to other users or third parties. Cyberdigma will not be liable or obliged to pay compensation for this in any way whatsoever. |
14. Notice of Alleged Illegal User Content
| 14.1 | In order to terminate infringements of the rights of third parties as soon as possible, Cyberdigma has developed a procedure for reporting infringing User Content: Notice of Alleged Illegal User Content. Submitting such a notice is subject to the Conditions for a Notice of Alleged Illegal Content. |
| 14.2 | Cyberdigma is not liable for any damage whatsoever, either direct or indirect, suffered caused by the unlawful use of the Cyberdigma Networks. Cyberdigma can only be held to remove or make unavailable any unlawful User Content or to discontinue any unlawful activities, after it has received a Notice. |
15. Contact
For any general queries, Cyberdigma can be contacted via the following contact details:
| | Cyberdigma B.V. Moreelsepark 65 (Hoog Catharijne, Kantoren Hoog Overborch, 2e etage) 3511 EP Utrecht Tel. 030-2393840 Fax. 030-2393841 info@Cyberdigma |
16. Miscellaneous, applicable law and competent Court
| 16.1 | These Terms of Use and the use of the Cyberdigma Network and the Website are governed by and construed in accordance with the laws of The Netherlands. |
| 16.2 | All disputes resulting from or arising out of these Terms of Use or your use of the Cyberdigma Network shall exclusively be submitted to the competent court in Utrecht. |
| 16.3 | These Terms of Use include all the arrangements which you and Cyberdigma have made in this respect. They replace all previous arrangements and agreements which you have made or concluded with Cyberdigma in this respect. Verbal communications, undertakings or arrangements have no legal force unless they have been confirmed in writing. |
| 16.4 | Cyberdigma is allowed to assign any rights and obligations resulting from these Terms of Use to third parties and will inform you of this. If you don not accept such an assignment, you may discontinue the use of the Cyberdigma Network and terminate your Account. |
| 16.5 | Notwithstanding any legislative or legal obligations applicable to Cyberdigma, in relation to you Cyberdigma will not be obliged to keep any archived agreement accessible to you. |
| 16.6 | If these Terms of Use are or become partly invalid, you as well as Cyberdigma continue to be bound by the remaining part. Cyberdigma will replace the invalid part by clauses which will be valid and of which the legal consequences - considering the conditions and purpose of these Terms of Use - correspond as much as possible with those of the invalid part. |