USER TERMS & CONDITIONS

USER TERMS & CONDITIONS BRABANTDC COMMUNITY (INCLUDING WEBSITES/EVENTS/ACTIVITIES), OPERATED BY NORTH BRABANT PROVINCE

Article 1 Definitions
1.1. User terms & conditions: these user terms & conditions.
1.2. User agreement: the agreement made between the user and BrabantDC at the moment the user registers for the use of the BrabantDC Community and/or for one of our websites/events/activities to which these terms and conditions apply.
1.3. User: the person, partnership, initiative, company and/or organisation that has registered for the use of the BrabantDC Community and/or for one of our websites/events/activities.
1.4. The BrabantDC Community: a platform on which people, companies and organisations can communicate, collaborate and share content on topics related to creativity, meaningful entrepreneurship, art, culture and sustainability in the broadest sense of the word.
1.5. Privacy statement: the privacy statement is as made available on the website of www.brabantdc.nl.
1.6. North Brabant Province:
North Brabant Province, Culture dept.
P.O. Box 90151, 5200 MC, Den Bosch
Visiting address: Brabantlaan 1, Den Bosch

Article 2 Description of Parties and service provision
2.1 North Brabant Province is the owner of The BrabantDC Community: BrabantDC is the network under which the Community falls.
2.2 BrabantDC operates the Community in which users can communicate and share information in the manner made possible by the Community.

Article 3 Registration and user agreement
3.1 Individuals, companies and organisations can register for the use of The BrabantDC Community. By completing the registration process by ticking ‘I agree with the user terms & conditions and the privacy statement’ and clicking on ‘complete registration’, the user agreement is established. The following terms & conditions apply to the user agreement.
3.2 By registering for the BrabantDC Community and creating a user account, the user declares that they are an adult or that their parents, legal representative or guardian agrees to these user terms & conditions and all other conditions that BrabantDC has set for the use of the Community.
3.3 Only correct data must be provided in the registration process. This information must be kept up to date at all times by the user.
3.4 BrabantDC retains the right to make changes to the user terms & conditions and procedures from time to time. These will be communicated to users in a timely fashion for acceptance.
3.5 BrabantDC registers all information that a user enters, uploads and shares with another user via the Community. Exactly which information is recorded and processed by BrabantDC, how long this information remains registered and how access to this information can be obtained is stated in the privacy statement of BrabantDC with which the user has agreed. The privacy statement can be found on www.brabantdc.nl.

Article 4 User obligations
4.1 After registration, the user is granted the right to use the Community solely for the intended use as stated by the Community.
4.2 The user will strictly and faithfully comply with all user regulations, conditions and procedures, as established or yet to be established by BrabantDC.
4.3 The user is responsible for their own use of the Community. In this context, the user is liable to BrabantDC for the use of the Community.
4.4 The user declares that:
a. only they have access to the Community;
b. they will keep their username and password strictly confidential and will not disclose it to third parties;
c. they will only use the granted access and user rights to the Community for legal and legitimate purposes, and in such a way that no third-party rights are infringed, including but not limited to intellectual property rights;
d. they will not use the Community for purposes and/or behaviours that are in conflict with applicable legal provisions, self-regulation, generally applicable decency rules and due care rules or with these user terms & conditions. Among other things, this includes that the user should not be guilty of spamming and/or hacking;
e. they will comply with the reasonable (technical) regulations, conditions and procedures applied by BrabantDC;
f. they will refrain from bothering and/or causing damage to BrabantDC and other users of the Community. The user is prohibited from starting up processes or programs – whether or not via the Community – that they know or reasonably suspect may interfere with or harm the Community, BrabantDC and other users of the Community or other internet users. This includes the use of harvesting bots, robots, spiders and scrapers.
4.5 The user will provide the necessary hardware and software, peripherals and connections to enable access to the Community and user account and its use.
4.6 The user is obliged to make their own recent backup of all data they have entered in the Community and their user account.
4.7 The user will provide BrabantDC with all the co-operation that can reasonably be expected when carrying out maintenance work on the Community.
4.8 The user is not entitled to transfer any right or obligation under the user agreement for the Community with BrabantDC to a third party.

Article 5 Rights and obligations of BrabantDC
5.1 BrabantDC strives for optimal availability and accessibility of the Community.
5.2 BrabantDC does not guarantee that the Community or parts thereof will work without interruption, faults or defects, or that all faults and defects can and will always be corrected.
5.3 BrabantDC expressly does not guarantee the (undisturbed) functioning of telecommunications connections.
5.4 BrabantDC is not obliged to repair corrupted or lost data.
5.5 BrabantDC is committed to ensuring adequate Community security, in line with current technical standards. This last point does not affect the user’s own responsibility to adequately secure their systems, data and other – sensitive or otherwise – information.
5.6 Under no circumstances does BrabantDC:
a. guarantee unrestricted access to the Community;
b. correct and undamaged data transmission;
c. undisturbed and uninterrupted use of the Community;
d. the complete reliability and unhackability of the Community.
5.7 In the execution of its services, BrabantDC is entitled to use the services of third parties in any way whatsoever.
5.8 BrabantDC is not liable or responsible for the information and/or data, or the correctness of the information and/or data, which are entered and/or maintained and/or processed and/or transferred by users making use of the Community.
5.9 BrabantDC has the right to take measures in the Community to immediately block access to or use of the Community or the user’s account in the case of unlawful use and/or suspension of its obligations and/or after the end of the user’s rights to the Community and/or the user’s account.
5.10 Maintenance work, updates, changes and/or restrictions will be announced as far as possible via the Community.
5.11 BrabantDC has the right to make changes to the Community.
5.12 A change that, in the reasonable opinion of BrabantDC, requires significant adjustment on the part of the user will be made known to the user as soon as possible. The user may not claim compensation for damages.
5.13 BrabantDC is entitled to make reasonable and necessary changes to the login procedure that provides access to the Community, without this entitling the user to claim compensation from BrabantDC. In such cases, BrabantDC will inform the user of the changes as soon as possible.

Article 6 Suspension and termination 6.1
BrabantDC has the right to restrict, suspend, block and/or terminate the right to use the Community and to delete the user account in the following cases:
a. if the user fails to fulfil any obligation under the user agreement or is in default with the fulfilment of one of the obligations. BrabantDC will inform the user of this in advance, unless this cannot reasonably be expected of BrabantDC.
b. if BrabantDC discovers or reasonably suspects that unauthorised third parties are using or offering the possibility to use credentials that provide access to the Community, or in all other cases that threaten the security of the Community. BrabantDC will inform the user as soon as possible of (possible) unauthorised use of the Community and the consequences hereof.
c. if the user does not agree to the revised user conditions or a revised privacy statement;
d. in other unforeseen circumstances to be determined by BrabantDC, which impede or (temporarily) (threaten to) prevent the functioning of or access to the Community.
6.2 The user acknowledges and accepts that the (temporary) closure or blocking of the Community and/or user account, pursuant to paragraph 1, implies that the Community and/or user account is (temporarily) no longer available.
6.3 Without prejudice to the stipulations in paragraph 1, both BrabantDC and the user may terminate the User Agreement with immediate effect at any time and without providing any reason, with a notice period of one month and without this termination leading to any liability for compensation.
6.4 The termination of the user agreement, in any way whatsoever, means that BrabantDC will terminate the right to use the Community and will delete the user’s account.

Article 7 Liability
BrabantDC excludes, as far as possible and to the maximum legal extent, any form of liability, for whatever reason and of whatever nature, resulting from the use of the Community by the user. This includes but is not restricted to:
a. damages or costs arising from the limitation, suspension, blocking or termination of the user agreement pursuant to article 6;
b. damages or costs resulting from misuse of login data or unauthorised access to the Community.

Article 8 Ownership of information and data
8.1. The user retains ownership of all information that they communicate through the use of the Community.
8.2. BrabantDC has the right to use all information that the user communicates and/or stores via the Community for the purposes as described in this user agreement and in accordance with BrabantDC’s privacy statement.

Article 9 Intellectual (property) rights
The intellectual property rights of the Community, from whatever source and, in any case, including the underlying software, the data and all associated documentation and new improved versions, are owned by BrabantDC or its suppliers. These terms and conditions do not apply to the transfer of intellectual property rights.

Article 10 Other provisions
If a provision of these terms and conditions is null and void or about to be declared null and void, this does not affect the validity of the other provisions. The parties will agree on a provision that is not null and void or voidable and approximate the scope of the void or voidable provision as far as possible.

Article 11 Applicable law and disputes
11.1 Unless mandatory law otherwise provides, Dutch law applies to these user terms & conditions. The application of the Vienna Sales Convention 1980 is excluded as far as possible.
11.2 Unless mandatory law otherwise provides, the court of ‘s Hertogenbosch has exclusive jurisdiction to hear disputes relating to these user conditions.

Version 5 June 2019