CONDITIONS OF USE REZZONATION B.V.
GENERAL PROVISIONS FOR THE USE OF ‘ONE’ APP
Article 1 – Introduction
- These Conditions of Use (“Conditions of Use”) describe the conditions under which use can be made of the mobile application for iOS, Android and webClient (“the ‘ONE’ app”) of Rezzonation BV (“Rezzonation”).
- The natural person or legal person who uses the ‘ONE’ app is referred to as User.
- By creating a strictly personal account (“Free Account”) User obtains free access to the ‘ONE’ app and enters into an agreement (“the User Agreement”) with Rezzonation. In addition to the Free Account, against payment User can create a Premium Account that offers extra facilities by entering into a separate agreement (“the Premium Agreement”).
- To use the ‘ONE’ app and to open the content, User must (a) fulfil the age requirements applicable locally, (b) have the right to enter into a binding User Agreement with Rezzonation and not be prevented by the applicable regulations from doing this and (c) reside in a country where the ‘ONE’ app can be used.
- User guarantees that all registration information that is provided to Rezzonation is truthful, correct and complete, and undertakes to ensure that this remains the case.
Article 2 – Applicability
- These Conditions of Use shall apply to the use of the ‘ONE’ app in the broadest meaning of the word.
- The Conditions of Use may also be consulted, downloaded and printed on our website rezzonation.com.
- Rezzonation may amend these Conditions of Use from time to time. The latest version will always be available on rezzonation.com.
- If any provision of the Conditions of Use is invalid or becomes nullified, the other provisions of the Conditions of Use shall remain fully in force.
- Rezzonation shall replace any invalid or nullified provision(s) by (a) new provision(s), where as far as possible the purpose and intent of any invalid or nullified provision(s) shall be taken into account.
- Articles which, explicitly or by their nature, must remain in force, even after termination of the User Agreement, shall remain in force after the termination.
- The administration of Rezzonation shall take precedence, unless proven otherwise by User.
Article 4 – The User Agreement
- The User Agreement shall be formed by means of the use of the ‘One’ app, which includes its downloading and installation.
- The User Agreement may be terminated at any time and for any reason by means of deleting the Free Account. Instructions on how to do this can be found on Rezzonation’s website: www.rezzonation.com
Article 5 – Use of the ‘ONE’ app
- The use of the ‘ONE’ app shall be for own account and risk.
- To use the ‘One’ app, User shall itself and at own cost provide the necessary equipment, system software and (internet) connection.
- Rezzonation shall grant to User a non-exclusive, non-sublicensable and non-transferrable licence for the use of the ‘ONE’ app (“the Licence”).
- User is not permitted to use the ‘ONE’ app for commercial purposes without explicit permission of Rezzonation and User may not make the ‘One’ app available to third parties or sell, rent, decompile, subject to reverse engineering or modify it without the prior permission of Rezzonation. User is also not permitted to remove or circumvent technical provisions that are intended to protect the ‘ONE’ app or to have them removed or circumvented.
- Rezzonation has at all times the right to modify the ‘ONE’ app, change or delete data, deny User the use of the ‘One’ app by terminating the Licence, to restrict the use of the ‘ONE’ app or deny access to the ‘ONE’ app wholly or partially, temporarily or permanently. Rezzonation shall inform User of this in a manner it considers appropriate.
Article 6 – User Contribution
- If via the ‘One’ app User supplies information, data, images, video and audio fragments and/or other content (“the Contribution”), User shall ensure that the Contribution in any event has no illegal or offensive (including sexist, pornographic, racist and discriminatory) content or (otherwise) violates the privacy of third parties.
- User shall guarantee that the Contribution via the ‘One’ app does not infringe (intellectual property) rights of third parties and shall indemnify Rezzonation from all possible claims by third parties as the result of placing a Contribution via the ‘One’ app.
- If User submits a Contribution via the ‘One’ app, the intellectual property rights and/or rights similar to these – in so far as they rest with User – shall be transferred to Rezzonation, without Rezzonation owing User remuneration for this. In so far as no further document is required for this transfer, User shall grant all cooperation to this on first request of Rezzonation. In so far as the transfer of intellectual property rights and/or similar rights to the User’s Contribution is not possible, User shall hereby grant to Rezzonation an exclusive, perpetual, sublicensable and transferrable Licence for the use of the Contribution.
- User shall hereby waive towards Rezzonation all its rights relating to personality, to the extent to which the applicable regulations permit such waiver. By transferring or licensing the right to the User’s Contribution, Rezzonation is entitled to use the Contribution without restrictions and to exploit them or cause them to be exploited via any media and in any form whatsoever.
Article 7 – Availability of the ‘ONE’ app
- The ‘ONE’ app shall be supplied by Rezzonation on the basis of best effort: Rezzonation shall make every effort to supply the ‘One’ app as well as possible but provides no guarantees with regard to its performance.
- Rezzonation has the right to take its systems temporarily out of service for the purpose of maintenance (planned and unplanned), modification or improvement of the ‘ONE’ app. Rezzonation shall make every effort to inform User in good time of the planned taking out of service.
- Rezzonation shall never be liable for compensation in connection with the taking out of service of the ‘One’ app. As the ‘One’ app is supplied to several Users, it is not possible for a User to refuse a certain modification.
- Rezzonation shall not be bound to pay any compensation for damage caused by or with the modification of the ‘One’ app.
- Rezzonation shall only be responsible for the provision of maintenance and support with regard to the ‘ONE app’ where this is stipulated on the basis of applicable right. The responsibility for maintenance and support of third parties-apps shall rest with ‘ONE’ app suppliers.
Article 8 – Customer support
- For customer support and questions relating to accounts and payments User may contact Rezzonation’s customer support: email@example.com. Rezzonation shall make reasonable efforts to respond to all requests for customer support within a reasonable time, but promises cannot be made in advance.
- User may also submit a complaint on the online dispute resolution platform (ODR platform). The ODR platform can be found by clicking on the following link: https://ec.europa.eu/consumers/odr.
Article 9 – Limitation of liability
- Rezzonation has made every effort to develop the ‘One’ app as carefully and securely as possible.
- Rezzonation shall supply its services as-is without any explicit or implicit guarantee, including but not limited to guarantees of suitability for a specific purpose, saleability, title, non-violation and freedom from computer viruses or other malware.
- Rezzonation shall not guarantee that the information it provides is correct, complete or useful, that its services will be operational, free from faults or secure or that its services will operate without faults, delays or imperfections.
- Rezzonation has no control over and shall not be responsible for checking the way in which or when Users use the ‘One’ app or services provided via Rezzonation’s website or the functions, services and interfaces that provide these services.
- Rezzonation shall not be responsible for and not be obliged to check the actions or data (including the content) of Users or third parties.
- User must indemnify Rezzonation, to its associated companies and directors, officers, employees, partners and representatives thereof, against all claims, complaints, allegations or controversies (jointly: “Claim(s)”) and damage, both known and unknown, in connection with, arising from or in any way related to a claim that a third party has on User.
- Liability of Rezzonation shall be excluded for indirect damage, including consequential damage, reputation damage, loss of profit, missed savings, corruption or loss of (company) data and damage caused by interruption of operations.
- The exclusions and limitations of liability described shall not apply if and in so far as the damage is the result of intent or deliberate recklessness on the part of Rezzonation’s management.
- Rezzonation’s liability due to attributable shortcoming in the fulfilment of the User Agreement or the Premium Agreement shall exist only if User immediately and properly serves a written notice of default to Rezzonation, gives a reasonable time period for correction of the shortcoming and Rezzonation remains in attributable default also after this period in the fulfilment of its obligations. The notice of default should contain as detailed as possible description of the shortcoming, so that Rezzonation is in a position to react adequately.
- Condition for any right to compensation shall be that User shall notify Rezzonation of the damage within 14 days after its occurrence in writing.
Article 10 – Intellectual property rights
- All intellectual property rights and/or similar rights that rest on or arise from the ‘One’ app or its content – including software, text, figures, design, data files, photographs and other materials on the ‘One’ app – shall rest solely and exclusively with Rezzonation.
- User shall only obtain the rights of use that are assigned to it in this article and/or in the User Agreement or the Premium Agreement. User’s right of use shall not mean that it has the right to obtain source code. The rights of use shall give no right to the granting of one or more sub-licences to third parties.
- User shall obtain from Rezzonation a non-transferrable right of use to use the ‘One’ app for the term of the User Agreement and – if applicable – the Premium Agreement for the intellectual property rights which rest on the ‘One’ app or parts of it.
- User shall indemnify Rezzonation against all claims by third parties that are related to the use of the ‘One’ app and/or the data contained in it and materials or data provided by User.
- Unless it has been agreed otherwise, the User shall not be permitted, without Rezzonation’s written permission, to make changes to the temporary or definitive design of the ‘ONE’ app or to cause them to be made.
- Rezzonation shall have the freedom, taking into account the interests of User, to use the ‘One’ app (including the design and figures/text that have been designed or drawn up by or on behalf of User) for its own publicity or promotion.
Article 11 – Rights of third parties
- Using the ‘ONE’ app certain websites, apps, content, other products and services of third parties may be visited / used / integrated.
- Certain back-up services of third parties that have been integrated in the ‘ONE’ app may be chosen.
Article 12 – Advertisements
- Rezzonation is entitled at its own discretion and without requiring any permission from User for this to add to the ‘One’ app advertisements and/or other statements of a commercial nature (“Advertisements”) of Rezzonation or a third party.
- Rezzonation shall take User’s justified interest into account here.
- Payments for Advertisements present in the ‘One’ app shall be for Rezzonation. User shall have no claim to this compensation or to part of it, nor is User entitled to any other compensation, discount or restitution.
Article 13 – Code of conduct
- The ‘One’ app must be used in a responsible manner. It is forbidden to use the ‘One’ app in a way that:
- could cause damage to the systems of Rezzonation;
- could disrupt the use of the ‘One’ app by others. Such disruptions may consist of, but are not limited to, the unrequested dissemination of advertising, spreading of computer viruses and worms.
- It is forbidden to use the ‘One’ app for illegal practices. This means, among other things, that the ‘One’ app, connections, systems and any storage area made available to User may not be used for acts and/or behaviour that are contrary to the law, public decency, public order, and/or the User Agreement or the Premium Agreement. These include, among other things, the following acts and behaviour:
- infringement of copyright-protected work(s) or otherwise acting contrary to the intellectual property right of third parties;
- distribution of child pornography;
- sexual intimidation or harassment of persons in another way;
- distribution or making available for third parties of obscene, insulting and/or harassing material or other material of this nature;
- without permission penetration of computers and other data carriers, such as smartphones and tablets (hacking) in which any security is breached and/or access is obtained by technical intervention using false signals or a false key or by the assumption of a false position.
- Rezzonation shall retain the right to disable the connection to and the use of its website if action is taken contrary to the provisions in the User Agreement or the Premium Agreement and the obligations arising from this are not fulfilled or are not fulfilled properly or completely, this until the obligations arising from the User Agreement or the Premium Agreement have been fulfilled.
- The obligation to pay the agreed amounts shall remain in full during the period of taking out of service.
- If the seriousness of the act and/or behaviour justifies this contrary to the provisions in the User Agreement or the Premium Agreement, Rezzonation has the right to dissolve the User Agreement or the Premium Agreement with immediate effect, without Rezzonation being obliged to pay any compensation in this matter or to restitution of money already paid.
Article 14 – Jurisdiction
- All legal relationships between Rezzonation and User shall be governed exclusively by Dutch law.
- Only the competent judge of the court in Amsterdam shall be competent to take cognisance of disputes between Rezzonation and User except in the case of mandatory rules on jurisdiction.
Article 15 – Free Account
- The use of a Free Account, and the corresponding username and password, shall only be permitted for the natural person or legal person linked to it. User must therefore keep these data for own use and these data may under no circumstances be made available to third parties.
- All actions that take place by means of User’s username and password shall be deemed to take place under the responsibility of and for risk of User. In case of suspicion of misuse of username and/or password, this should be reported to Rezzonation as quickly as possible, irrespective of its own obligation to take immediate measures to prevent (further) misuse of these.
- User shall acknowledge and agree that the perpetual Licence that has been granted in connection with user content, including feedback, shall be irrevocable and therefore shall continue to apply after the expiry or termination of the User Agreement, irrespective of the reason for this.
Article 16 – Company Account
- If a Free account (“the Company Account”) is created on behalf of a legal person or company, the person who creates this account must state and guarantee to have power of representation.
- No actions may be carried out via the Company Account that suggest an endorsement or commercial relationship between the company and a User, artist, songwriter or another person, unless the company has obtained the rights independently to make such endorsement implicit.
- Companies must be transparent to Users with regard to the notification of any endorsement of or remuneration paid to Users, artist, songwriters, or other parties, and must comply with all applicable legislation and regulations and codes of conduct when they are involved with that described in paragraph 2 of this article.
Article 17 – Premium Account
- For a description of a Premium Account reference is made to Rezzonation’s website: www.rezzonation.com.
- Via a Premium Account additional services will be provided in combination with the ‘One’ app.
- If User registers for Premium Account, User may cancel the concluded Premium Agreement within fourteen (14) days from the day of registration for Premium Account.
- If the Premium Agreement is not cancelled within 14 days, User’s right to cancellation shall expire and User shall agree that the agreed price each month is automatically charged until the Premium Agreement has been lawfully terminated.
- User may conclude the Premium Agreement by paying the subscription fee in advance after registration on a monthly basis or according to another periodically recurring interval that has been made known prior to the purchase.
- Rezzonation may change the price for a Premium Account from time to time and User shall give advance notification of every price change and, if applicable, inform User how these changes can be accepted.
- Price changes shall take effect at the start of the next subscription period after the date of the price change, or – if the Premium Account has been concluded for an indefinite period – every year, on 1 January.
- Subject to the applicable legislation User shall agree to the new price and continue to use the Premium Account after the price change has come into force.
- If User does not agree with the price change, User has the right to reject the change – before the price change comes into force – by deregistering from Premium Account.
- The Premium Agreement and the use of Premium Account will be automatically extended at the end of the subscription period, unless the Premium Account was concluded for an indefinite period.
- If the Premium Account has been concluded for an indefinite period the Premium Agreement may be terminated by means of a written notice taking into account a notice period of one month.
- If Premium Account has been concluded for a definite period the Premium Agreement may be terminated by means of a written notice no later than one month prior to the expiry of the set duration. Early termination of the Premium Agreement that was concluded for a set period is not possible except with the explicit approval by Rezzonation.
- Rezzonation shall not be responsible for the products and services supplied by third parties via Premium Account.
- Rezzonation shall also have the right to change, terminate or otherwise change the Premium Account at any time in accordance with these Conditions of Use.
- If User terminates the Premium Account / the Premium Agreement, or if the Premium Account is interrupted (for example because the payment details are changed), User may not register again for the Premium Account.
- User must take into account that the Premium Account may be discontinued in the future, after which User no longer pays for Premium Account and may no longer use it.
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