Terms of use
  1. Terms of use
    1. These are the terms of use of D101 B.V., a Dutch Limited Liability Company registered with the trade register of the Amsterdam chamber of commerce under number 58932658, having its corporate domicile and principal place of business in Amsterdam (hereafter referred to as “We” and “Us”). This terms of use are applicable to all our products and services, including all our application(s) for mobile smartphones and tablet computers (hereafter referred to as: “Wedding Kiosk”).
    2. Before making use of Wedding Kiosk, please read these terms of use carefully. By making use of Wedding Kiosk, you accept that you are bound by these terms of use, and you warrant that persons who make use of Wedding Kiosk through your computer will also comply with these terms of use.
    3. We have the right to adjust these terms of use at any time without notifying you although we will do our best to do so with the contact information you have provided. In any case, you can always find the latest version of the terms of use on the Website (www.WeddingKiosk.co/terms). If you continue to use Wedding Kiosk after any adjustment(s) to the terms of use, you irrevocably accept the adjustment(s) made to the terms of use.
    4. You must be at least 16 years old to use Wedding Kiosk.
  2. Use of Wedding Kiosk
    1. You warrant that you will at all times comply with the obligations under these terms of use and that you will adhere to all legislation that is applicable to the use of Wedding Kiosk.
    2. Without prejudice to the other provisions of these terms of use, the activities that you perform within the scope of your use of Wedding Kiosk:
      1. must not violate any of our rights or rights of third parties, including but not limited to property rights, rights of use, copyrights, adjacent rights, trademark rights or any other intellectual property rights or rights with regard to the protection of privacy, and must not be in breach of any law, regulation or other applicable regulations.
      2. must not contain any viruses, Trojan horses, worms, bots, spyware, malware, crawlers, scrapers or other software that can damage a computerized work or data, can make them unusable or inaccessible, can delete data, cause nuisance for us, Wedding Kiosk users or other third parties, or that are meant to by-pass technical protection measures of Wedding Kiosk or the Website and/or our computer systems;
      3. may not contain any spam or otherwise have a commercial character;
      4. must not lead to hacking or phishing;
      5. may not include domain names or web URL’s;
    3. You are responsible for (and you bear the costs of) the hardware, software, and other goods that are necessary to have and maintain access Wedding Kiosk.
    4. You agree that we may place advertising and promotions on Wedding Kiosk.
    5. Wedding Kiosk allows or shall in the future allow you to connect through Wedding Kiosk to Facebook or other social media channels. You acknowledge and agree that we are not liable or responsible for damages suffered by you as a result of your use of such other social media and we give no warranties, express nor implied, on the protection of your content, information, data and personal information while using other social media.
  3. Intellectual property rights
    1. You acknowledge and approve that Wedding Kiosk contain files, content and programs that are property of us or third parties and that are subject to intellectual property rights, including but not limited to copyrights, database rights, neighbouring rights, trade mark rights, and patents.
    2. On the terms as stated in these terms of use, we give you a limited, strictly personal, revocable, non-exclusive, not sub-licensable and non-transferable right to look at and/or listen to the files that are made available through Wedding Kiosk in the manner and format in which these files are made available.
    3. Nothing that is stated in these terms of use, within Wedding Kiosk or on the Website is meant to transfer any intellectual property rights to you. The use of Wedding Kiosk permitted to you is strictly limited to what is set forth in these terms of use.
    4. You acknowledge and approve that the information, data and content you use while using Wedding Kiosk is information, data and content that you choose to be made public.
    5. You agree that any information provided by you to us is subject to our privacy policy, which can be found here: http://www.WeddingKiosk.com/privacy and forms an intergal part of this terms of use.
  4. Forbidden content

    Without prejudice to the other provisions of these terms of use, you are prohibited to use Wedding Kiosk in any way whatsoever in connection with:

    1. content that is discriminating in any way against someone’s looks, race, religion, gender, sexual orientation, culture, origin, or that may otherwise be labeled as discriminating or offensive;
    2. content that triggers violence against or harassment of others;
    3. content that in our opinion is immoral or undecent, that is violent or contains nude, pornographic or erotic material;
    4. content that enhances, enables or performs illegal activities;
    5. content that violates our intellectual property rights, privacy rights or of any other third party;
    6. content that involves commercial activities without our prior written consent, such as advertisements, betting, gambling or competitions;
    7. content that includes photos or other images of a person without the permission of that person;
    8. content that violates any law, regulation, other applicable regulations, or these terms of use.
  5. Discontinuation and availability of services
    1. Without prejudice to our other rights, we are at all times entitled, without stating the grounds, to limit your activities in connection with Wedding Kiosk, to suspend them or shut them down, to abort and delete your account on a temporary or permanent basis, to delete your photos, videos or other Data, to terminate services, and to refuse providing any further services to you, especially but not limited to situations in which:
      1. you act in breach of these terms of use;
      2. we, to our sole discretion, feel that your acts or omissions can inflict damage on us or on third parties.
    2. If your use of Wedding Kiosk is terminated on whatever grounds, you are not entitled to any refund of amounts that were already paid.
    3. You acknowledge that during the use of Wedding Kiosk and our other services, you may be faced with technical disruptions or delays and non-availability of Wedding Kiosk or other services. We will update and maintain Wedding Kiosk from time to time. As a result, we cannot guarantee that Wedding Kiosk or other services will be accessible at all times and without any interruptions or disruptions, and we cannot guarantee any minimum uptime of Wedding Kiosk.
  6. Liability, force majeure, and lapse of rights
    1. The use of Wedding Kiosk is granted on an “as is” basis, which means a) that you fully accept the flaws, faults and other downsides of (the use of) Wedding Kiosk and the Website; b) that we grant no warranties, express nor implied of whatever nature, including warranties with regard to the functionality, performance and security of Wedding Kiosk and the Website and c) we are not liable for any losses or damages;
    2. If, despite article 6.1, there would be any liability on our side, such liability is at all times limited to the amount that is paid out in the relevant case under our liability insurance policies, increased by the deductible that according to the insurance policy terms and conditions of these insurance policies is at our expense in the relevant case. The aforesaid insurance policies have limited coverage, amongst other things as regards the amount of the damage events and as regards the number of damage events per year.
    3. Should there be no insurance payment under the insurance policies referred to in article 6.2, whatever the grounds, our total liability will be limited to a maximum liability of € 5,000 (five thousand Euro).
    4. You indemnify us from and against all and any claims by third parties, of wahtever nature, in connection with:
      1. your content and your use of Wedding Kiosk or our other services;
      2. your (alleged) breach of intellectual property rights;
      3. your violation of any third party rights;
      4. your violation of any laws, rules or regulations;
    5. If we are, due to force majeure (in Dutch: overmacht), unable to fulfil our obligations, such obligations will be suspended for the duration of the force majeure situation. In case of force majeure you are not entitled to any (damage) compensation.
    6. Force majeure on our side is to be understood as any circumstance beyond our control or that prevents the fulfillment of our obligations in whole or in part or makes it unreasonable to expect us to fulfill our obligations, regardless of whether those circumstances could be foreseen. Such circumstances also include breach of contract by a supplier, an internet service provider or another third party, power or server outages, technical disruptions, bugs and virus infections.
    7. All your rights, claims and other powers towards us, be it under a failure to fulfill contractual obligations, or under an act of tort, or on any other ground, will lapse as soon as a period of one (1) year has passed since the date on which you became aware of - or could reasonably have been aware of - the existence of those rights, claims, and powers.
  7. Final clauses
    1. If any clause of these terms of use is void or is declared null and void, the other provisions will remain in full force.
    2. These terms of use were construed in accordance with and are governed by Dutch law, even if you make use of Wedding Kiosk or the Website outside the Netherlands.
    3. All and any disputes between you and us will be exclusively brought before the competent court in Amsterdam, the Netherlands.
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