Article 1 Definitions
License Holder: [Cheryl Fuss], the user of these conditions, registered at ... [558 Mesa Ridge, Decatur Texas, USA 76234].
User: each natural or legal person who by registration on the website enters into an agreement with the license holder, and also each other visitor of the website who uses it in whatever manner, for instance by reading, using or adding information on the website.
Web space: the part of the website which the user has access to with his email address and password.
Agreement: the agreement between license holder and the user, by which the user can use or add information, images and other data from/to the website.
Article 2 General
These user conditions apply to each agreement and the legal relationships connected thereto between the user and license holder.
Apart from the applicable laws and regulations, the provisions in these user conditions apply to the access to and use of the website. By using the website, the user agrees to the application of these user conditions.
The English version of these user conditions is always decisive for the interpretation thereof.
Article 3 Registration
Registration requires a statement of the user’s personal data according to the instructions on the registration form on the website. The registration is completed at the moment that the licence holder has confirmed the user’s registration.
The confirmation is deemed to have been received at the moment that the licence holder has sent the confirmation to the e-mail address provided by the user.
If the confirmation has not been received by the user due to delivery or access problems regarding the user’s email account then this is at the user’s risk, also if the email account has been placed at a third.
The user warrants that the personal data provided by him have been provided completely and truthfully. License holder is at all times entitled to remove an incomplete or incorrect registration with immediate effect and without further notice.
Article 4 Contents of the agreement
Subject to the restrictions in these user conditions the license holder will make the web space on the website available to the user during the term that the user is registered. The user has access to the web space with his email address and the password indicated by him at the registration.
The license holder retains the right to deny access to the website to users who act in contravention of these user conditions. Unauthorized use of the website can lead to (criminal) liability for the loss/damage it may incur.
By putting the website into use the user declares not to use the content which is made available by license holder for any purpose which is illegal or in contravention with these user conditions.
The user agrees with, and gives permission to the processing of personal data for as far is this is necessary for the license holder in order to be able to perform the agreement. Submitted personal data will only be published on the website exclusively within the scope of the services provided by the license holder. The submitted personal data will never be sold by the license holder or used otherwise for commercial purposes.
The user can add data to the web space at his own discretion. The user undertakes to ensure that all the data which will be added by him are a true representation of facts and circumstances related to these data. The user should always keep the added information as current as possible.
The license holder endeavours to check all the data added to the website for relevance, reliability and completeness. However, the license holder cannot ascertain the quality of the information referred to on a continuous basis. Therefore, the license holder is never liable for any loss/damage which may follow from it. In this respect the user discharges the license holder from all claims of thirds.
The license holder is entitled to check, change, refuse and/or remove data from the web space at all times on the basis of reasons for his own.
The use of the information published on the website is at the risk of the user. The license holder does not ensure or guarantee the accurateness, timeliness, reliability and completeness of the information on the website. In this respect all liability of the license holder is excluded.
The website may contain links to other websites which are not exploited by the license holder. These links are used for the optimization of information on the website, without the license holder bearing any liability for the information published on these other websites.
Article 5 Obligations of the user
Publication in whole or in part of the information on the website, using whatever medium, is only permitted with a link (hyperlink), or by use of any functionality offered by the license holder such as an embed-code. All other forms of multiplication and/or publication of the information on the website are not permitted, unless the license holder has given his prior written permission for this to the user. Framing of pages or information from the website is expressly not permitted.
The user should not disclose the password provided by the license holder. All actions performed on the account of the user are attributed to the registered user. The user should immediately notify the license holder of unauthorized use of the account by thirds. The license holder is never liable for damage/loss caused by unauthorized use of login data.
The user guarantees that he does not infringe the copyright of thirds with the information he has provided, including also images.
The license holder cannot establish the identity of other users with certainty. The user himself is responsible for the observance of the due care required in this respect.
The user is not permitted to remove, evade or break through any security of the website software.
The user is not permitted to use equipment or software which may disturb or seriously burden the normal website operations.
The user is not permitted to send unsolicited messages (SPAM) using the systems of license holder or thirds.
Article 5 Maintenance
The license holder is al all times entitled to disable the website temporarily if the license holder deems this desirable in the scope of maintenance, adjustment or improvement of the website or servers of the license holder or thirds.
Article 6 Intellectual property
All copyrights and other intellectual property rights on content and images belong the license holder. The user is not allowed to multiply, to change this material and/or make it public without prior written consent of the license holder, unless otherwise follows from the nature and purpose of the use of the website and subject to the restrictions imposed by law.
All copyrights and other intellectual property rights pertaining to the information placed on the website by its co-users, including images and other information, belong to the co-user concerned. The user is not allowed to use the data referred to in this respect for other purposes than those for which the publication of these data on the website was intended. Without prior written consent of the concerned co-user, the user is not allowed to copy, to change and/or publish these data. The user discharges the license holder in this respect against all claims of co-users and other thirds.