OTGS Legal

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Terms of Use

 

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The service “On The Ground Sound (OTGS)” (“Service”) is offered over the internet by the company On The Ground Sound (“OTGS”). More information about OTGS can be found here.

The use of the Service is subject to the below terms and conditions as well as our Privacy Policy and Cookie Policy.

Please review these Terms of Use as well as our above mentioned policies closely. If you do not agree to any of the provisions in any of those documents, you should not use the Service. By accessing or using the website and/or services offered by OTGS, or by viewing, accessing, uploading or downloading any information or content from or to the Service, you represent and warrant that you have read and understood the Terms of Use and the above mentioned policies, will abide by them, and that you are either 13 years of age or more, if you reside in the United States or 16 years of age or more if you reside in the EAA or are the age of majority in the jurisdiction you are residing.

Please also review our Privacy Policy and Cookie Policy to learn how and why we collect and use data on our platform, as we well as the rights and responsibilities associated.

 

Article 1. Use of the service

1.1. The Service allows you to, among others, publish a profile for yourself, participate in online discussions and get in contact with other users. OTGS does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.

1.2. To be able to save data on the Service 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 Service.

1.3. You must secure your account against third parties access, by choosing and safekeeping  a username and password. In particular you must keep the password strictly confidential. OTGS 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 OTGS that someone else knows your password.

1.4. OTGS processes your personal data. By using the Service, you give your consent for all forms of processing within the scope of the service. Consult the OTGS Privacy Policy for more information.

Article 2. Terms of use

2.1. It it is not permitted to use the Service 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 the Service under the names of other people or to pretend to be another person, or a moderator / administrator of the Service.

2.2. In addition, on the Service it is forbidden to:

  • use indecent language;
  • publish information where it is unwanted (offtopic);
  • publish information that is pornographic or erotic (even if legal under applicable law);
  • publish information in violation of copyright laws or hyperlinks to such information;
  • exercise commercial activities;
  • and to do anything that violates applicable netiquette.

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

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

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

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

Article 3. Availability and maintenance

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

3.2. OTGS actively maintains the Service. 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. OTGS may from time to time adapt the Service. Your feedback and suggestions are welcome but ultimately OTGS decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The Service, the accompanying software as well as all information and images on the website is the intellectual property of OTGS. None of these items may be copied or used without prior written permission of OTGS, except and to the extent permitted by mandatory law.

4.2. Information you upload, store or process using the service is and remains your property (or the property of your suppliers or licensors). OTGS does not claim any ownership rights in your content. You hereby agree to give OTGS a license to use this information for the Service and everything that goes with it, including advertisements for the Service.

4.3 You agree to not upload, store, process or embed any content to the Service to which you do not hold the necessary rights.  

4.4. You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement.

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

4.6. If you send information to OTGS, for example a bug report or suggestion for improvement, you grant OTGS a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.7. OTGS shall refrain from accessing data you store or transfer using the Service, unless this is necessary for provision of the Service or OTGS is forced to do so by law or order of competent authority. In these cases OTGS shall use its best efforts to limit access to the information as much as possible. Please review our Privacy Policy for more details.

Article 5. Report infringement

5.1. If you discover any content on the Service that you believe or know to be in violation of your copyright, someone else’s copyright or any other intellectual property right, please report this to us by email at otgs-legal@otgs.io.

5.2. If you discover any content on the Service that you believe or know to be in violation of your trademark rights, please report this to us by email at otgs-legal@otgs.io.

5.3 If you discover any content that is in violation of our Term of Use or otherwise unlawful, abusive or defamatory, please report this to use by email at otgs-legal@otgs.io.

Article 6. Advertisement

6.1. OTGS may present advertisements of its sponsors on the Service.

6.2. It is not permitted to block advertisements shown to you. OTGS is entitled to suspend or block your access to the service if advertisement blocking is detected.

6.3. Consult OTGS’s Privacy Policy to learn more about your privacy in connection with advertisements.

Article 7. Disclaimer

THE SERVICE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

OTGS MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. OTGS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE WITHOUT INTERRUPTION, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTGS DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICE DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

OTGS AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Article 8. Limitation of liability
EXCEPT IN CASE OF INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OTGS SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE OR ANY LOSS OR DAMAGES IN CONNECTION THEREWITH. OTGS IN NO EVENT IS LIABLE FOR DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, MISSED SAVINGS OR DAMAGES THROUGH BUSINESS INTERRUPTION AND/OR YOUR INABILITY TO ACCESS THE SERVICE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICE.

DAMAGES MAY ONLY BE CLAIMED IF REPORTED IN WRITING TO OTGS AT MOST TWO MONTHS AFTER DISCOVERY. IN CASE OF FORCE MAJEURE OTGS 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.

IN NO EVENT SHALL OTGS’ AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO OTGS DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

IN CASE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OTGS AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND OTGS, AND THAT OTGS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Article 9. Term and termination

9.1. This agreement enters into force as soon as you first access or use the service and then remains in force until terminated.

9.2. 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.

9.3. OTGS is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event OTGS shall first send a reminder mail to the email address connected to your account.

Article 10. Changes to terms

10.1. OTGS may change, replace, alter or otherwise modify these terms and conditions as well as any prices at any time. The date of last modification is stated at the end of this document. It is your responsibility to check this page from time to time for updates.

10.2. OTGS shall announce, through the service, material changes to these Terms of Use at least thirty days before their taking effect.

10.3. If you do not want to accept a change or addition, you can terminate the agreement starting from the date the changes take effect. Use of On The Ground Sound (OTGS) after the date of effect shall constitute your acceptance of the changed terms and conditions.

Article 11. Miscellaneous provisions

11.1. Dutch law applies to this agreement.

11.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with OTGS shall be brought before the competent Dutch court for the principal place of business of OTGS.

11.3. 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 OTGS 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.

11.4. The version of any communication of information as recorded by OTGS shall be deemed to be authentic, unless you supply proof to the contrary.

11.5. 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.

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

 

Last modification: 26-02-2019