Terms and conditions for Groovetrackers
The service "Groovetrackers" is offered over the internet by the company Groovetrackers. The use of Groovetrackers is subject to the below terms and conditions. Using Groovetrackers constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Groovetrackers.
Article 1. Use of the service
1.1 The service Groovetrackers allows you to publish a profile for yourself, participate in online discussions and get in contact with other users. Groovetrackers does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
1.2 Groovetrackers is free to use. However, after each use all data you entered is deleted immedately. To be able to save data for later use, and to use other advanced functions, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Groovetrackers may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Groovetrackers that someone else knows your password.
1.4 Groovetrackers processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Groovetrackers for more information.
Article 2. Terms of use
2.1 It it is not permitted to use Groovetrackers for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on Groovetrackers under the names of other people or to pretend to be another person, or a moderator/maintainer of Groovetrackers.
2.2 In addition, on Groovetrackers it is forbidden to
- use indecent language;
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
and to do anything that violates applicable netiquette.
2.3 Should Groovetrackers discover that you violate any of the above, or receive a complaint alleging the same, then Groovetrackers may intervene to end the violation.
2.4 If in the opinion of Groovetrackers the continued functioning of the computer systems or network of Groovetrackers or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Groovetrackers may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Groovetrackers in particular is entitled to change your contributions at its own discretion.
2.5 Groovetrackers is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Groovetrackers is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
2.6 Groovetrackers may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Groovetrackers from all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1 Groovetrackers uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 Groovetrackers actively maintains Groovetrackers. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3 Groovetrackers may from time to time adapt Groovetrackers. Your feedback and suggestions are welcome but ultimately Groovetrackers decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1 The service Groovetrackers, the accompanying software as well as all information and images on the website is the intellectual property of Groovetrackers. None of these items may be copied or used without prior written permission of Groovetrackers, except and to the extent permitted by mandatory law.
4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Groovetrackers receives a license to use this information for the service and everything that goes with it, including advertisements for the service.
4.3 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Groovetrackers may decide to adapt or remove the information.
4.4 You may change information you publish or store using the service at your own discretion. Removal is however not possible.
4.5 If you send information to Groovetrackers, for example a bug report or suggestion for improvement, you grant Groovetrackers a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6 Groovetrackers shall refrain from accessing data you store or transfer using Groovetrackers, unless this is necessary for a good provision of the service or Groovetrackers is forced to do so by law or order of competent authority. In these cases Groovetrackers shall use its best efforts to limit access to the information as much as possible.
4.7 In case Groovetrackers discovers your contributions have been copied by third parties in combination with contributions of others, then Groovetrackers is authorized to take legal action against such copying under its own or your name. All costs must be borne by Groovetrackers but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Groovetrackers to act against copying of (substantially) all contributions to Groovetrackers.
Article 5. Compensation for the service
5.1 Groovetrackers is offered completely at no charge.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence Groovetrackers shall not be liable for the use of the service or any damages in connection therewith.
6.2 Groovetrackers in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to Groovetrackers at most two months after discovery.
6.4 In case of force majeure Groovetrackers is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3 Groovetrackers is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Groovetrackers shall first send a reminder mail to the e-mail address connected to your account.
Article 8. Changes to terms
8.1 Groovetrackers may change or add to these terms and conditions as well as any prices at any time.
8.2 Groovetrackers shall announce through the service changes or additions at least thirty days before their taking effect.
8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Groovetrackers after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Groovetrackers shall be brought before the competent Dutch court for the principal place of business of Groovetrackers.
9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Groovetrackers service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by Groovetrackers shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 Groovetrackers is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Groovetrackers or the associated business activities.
