Terms and conditions for DuggOnline

1 August 2019

The service "DuggOnline" is offered over the internet by the company DuggMedia. The use of DuggOnline is subject to the below terms and conditions. Using DuggOnline constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by DuggMedia.

Article 1. Use of the service

1.1. The service DuggOnline allows you to store and distribute media.

1.2. To use DuggOnline, you first need to register. After completing registration, you can directly log into your account and use the service.

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. DuggMedia 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 DuggMedia that someone else knows your password.

1.4. DuggOnline processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of DuggMedia for more information.

Article 2. Terms of use

2.1. It it is not permitted to use DuggOnline 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

2.2. In addition, on DuggOnline it is forbidden to:

  • * publish information that is pornographic or erotic (even if legal under applicable law);

  • * publish information in violation of copyright or hyperlinks to such information;

  • * assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);

  • * violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;

  • * and to do anything that violates applicable netiquette.

2.3. Should DuggMedia discover that you violate any of the above, or receive a complaint alleging the same, then DuggMedia may intervene to end the violation.

2.4. If in the opinion of DuggMedia the continued functioning of the computer systems or network of DuggMedia 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, DuggMedia may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. DuggMedia in particular is entitled to change your contributions at its own discretion.

2.5. DuggMedia is at all times entitled to file a criminal complaint for any offenses committed through or using the service.

2.6. DuggMedia may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless DuggMedia from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. DuggMedia uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2. DuggMedia actively maintains DuggOnline. In case maintenance is reasonably expected to negatively impact availability, DuggMedia carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.3. DuggMedia may from time to time adapt DuggOnline. Your feedback and suggestions are welcome but ultimately DuggMedia decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The service DuggOnline, the accompanying software as well as all information and images on the website is the intellectual property of DuggMedia. None of these items may be copied or used without prior written permission of DuggMedia, 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). DuggMedia 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, DuggMedia may decide to adapt or remove the information.

4.4. You may change or remove information you publish or store using the service at your own discretion.

4.5. If you send information to DuggMedia, for example a bug report or suggestion for improvement, you grant DuggMedia 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. DuggMedia shall refrain from accessing data you store or transfer usingDuggOnline, unless this is necessary for a good provision of the service or DuggMedia is forced to do so by law or order of competent authority. In these cases DuggMedia shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1. The use of DuggOnline is subject to a fee which is due every month. The fee is charged upon expiry of each applicable period.

5.2. Payment is possible by creditcard, or as explained further on the website.

5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of DuggMedia shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2. DuggMedia 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 DuggMedia at most two months after discovery.

6.4. In case of force majeure DuggMedia 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. DuggMedia is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event DuggMedia shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1. DuggMedia may change or add to these terms and conditions as well as any prices at any time.

8.2. DuggMedia 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 DuggOnline 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 DuggOnline shall be brought before the competent Dutch court for the principal place of business of DuggMedia.

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 DuggOnline 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 DuggMedia 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. DuggMedia is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of DuggOnline or the associated business activities.

Article 10. Adjustments

No changes have taken place since publication on August 1, 2019.

Article 11. Questions

Questions or complaints regarding these Terms and conditions can be directed to privacy@duggmedia.com.

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Willem Wezenberg
Willem Wezenberg
Partner at DuggMedia
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