GENERAL CONDITIONS OF USE - Keesing Media Group B.V.
In these Conditions of Use, the terms below are defined as follows:
- ‘Content’: all text, graphics, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, scripts, puzzles, games and all other materials which are published in or via the Publications, or which is or can be downloaded or uploaded by a User, regardless of whether these are editorial or commercial in nature. Where the term ‘Publication’ is used in these Conditions of Use, this is also understood to refer to the Content contained therein;
- ‘Digital Publications’: amongst others, (mobile) websites, webplayers and applications, as well as other forms of digital publications;
- ‘Conditions of Use’: the general terms and conditions as stipulated in this document;
- ‘Use’: the viewing of a Publication, the downloading and uploading of Content, as well as all other possible forms of use of a Publication by a User;
- ‘User’: anyone who makes Use of KMG’s Publications in any way whatsoever, for instance by reading or calling up these Publications or otherwise;
- ‘KMG’: Keesing Media Group B.V., as well as each of its direct and indirect subsidiary companies;
- ‘Publications’: all publications by KMG, in print form, digital form and all other possible forms in which KMG publishes Content.
Applicability and Scope
These Conditions of Use apply to the Use of all Publications unless other conditions have explicitly been declared applicable. By using a Publication, the User declares that he/she has taken note of and agreed to these Conditions of Use.
Intellectual Property Rights
All (intellectual) property rights to the Publications, including copyrights, trademark rights, database rights and trade name rights, are held exclusively by KMG and/or its licensors. The (right of) Use in relation to a Publication in no way implies the existence of any transfer, licence or other right of use on the part of the User with respect to these rights.
KMG explicitly reserves the copyrights to the Publications. Therefore, without KMG’s prior permission, the Publications may not be reproduced or published, wholly or in part, in any way whatsoever. This is still the case even if KMG is cited as the source.
For the copying or other publishing of all or part of a Publication, the User must request permission in advance from the editor and/or publisher of the particular Publication. The contact details can be found in the Publication. In your request, clearly state that it is a request to reuse the Content. Whether this permission will be granted and subject to what conditions is decided on a case-by-case basis, and the User cannot rely on any permission granted in the past or granted to third parties. Costs may be associated with the permission to copy Content.
If the User infringes KMG's rights, he/she is liable for all damage suffered by KMG as a result, including the costs of investigation and legal assistance.
Use and Reuse of Digital Publications
It is prohibited to circumvent, inactivate or otherwise influence the security of Digital Publications or parts thereof, or attempt to do so, or prevent or limit (or attempt to prevent or limit) the Use of these by third parties.
The publishing of a Digital Publication, in its entirety or in part, via any medium whatsoever, is only permitted by using a hyperlink or by using a functionality provided by KMG via the particular Digital Publication (for instance an embed code). All other forms of reproduction and/or publishing of a Digital Publication, including any form of “framing”, require KMG's prior written permission.
The use of software or any other automated means to systematically access, retrieve, extract and/or store data from any Publication (“scraping”) is strictly prohibited without explicit prior consent from KMG and then only by use of the means provided by KMG (e.g. through use of an API).
KMG devotes constant care and attention to the content and composition of its Publications. Nonetheless, KMG does not provide any guarantees with regard to the completeness, accuracy or reliability thereof, nor does KMG guarantee that the information contained in the Publications is suitable for the purpose for which these are consulted. Nor is KMG responsible for (the content of) publications by third parties (digital or otherwise) to which reference is made in its Publications via links, hyperlinks or otherwise.
KMG accepts no liability whatsoever for damage of any nature whatsoever arising from or in connection with the Use of its Publications or the unavailability – temporary or otherwise – of the Publications.
The User himself/herself is fully liable for the Use of the Publications and any ensuing consequences. The User is liable to KMG for any Use by him/her of the Publications that is not in accordance with the provisions of these Conditions of Use and indemnifies KMG against all third-party claims in relation to such.
The following conditions apply to all User Content:
- User Content must comply with the house rules that apply to the particular Publication;
- User Content may not break any law, may not infringe any third-party rights (including intellectual property rights, privacy rights or portrait rights) and may not otherwise be unlawful towards third parties or KMG;
- User Content may not be hurtful or discriminatory, may not be in breach of public order or common decency, may not incite violence or the commission of crimes, may not contain pornographic material, and may not contain any commercial messages;
- KMG reserves the right to shorten, adapt, refuse, remove or block User Content or otherwise render it inaccessible if it is in violation of the provisions of these Conditions of Use or, if necessary, without having to report its reasons;
- KMG reserves the right to inform the competent investigative authorities about User Content that is in breach of public order, otherwise in violation of the law and/or if KMG is legally obligated to notify the authorities about said User Content;
- The User is fully liable for the (consequences of) other Users’ Use of User Content he/she has submitted;
- By submitting User Content, the User declares and guarantees that he/she has the right and/or all necessary permissions to publish and reproduce this User Content and grant KMG and other Users a licence to it;
- By making User Content available, the User grants:
- KMG an irrevocable, worldwide, non-exclusive, royalty-free, transferable licence (with the right to sublicense), which is not limited in time, for any use, reuse, reproduction, dissemination, creation of derivative works, display and performance of this User Content or parts thereof, for any purpose and in any way whatsoever in all its Publications, as well as permission to store the User Content in (electronic) files;
- every other User an irrevocable, worldwide, non-exclusive, royalty-free licence, which is not limited in time, to access that User Content via the particular Publication, as well as for the use, reproduction, dissemination, creation of derivative works, display and performance of that User Content, within the functionality of a Digital Publication and to the extent this is explicitly permitted under these Conditions of Use.
The following additional conditions apply to User Content in Digital Publications:
- In order to make User Content available, the User must log in using his/her account or enter a correct e-mail address;
- Users under the age of 16 years must have permission from their parents or legal guardians in order to make User Content available;
- User Content may not contain any viruses, Trojan horses, worms or other software that could damage the Digital Publication, render it unusable or inaccessible or which could otherwise cause damage to KMG and/or other Users;
- KMG has the right to watermark User Content with a logo in order to be able to trace the cross-posting of this User Content by third parties. Altering, moving or removing a watermark is prohibited.
KMG is not liable for the consequences of publishing User Content and the User indemnifies KMG against all third-party claims in relation to this.
Creating an Account
If a Digital Publication offers the possibility of creating an account, the following conditions apply:
- The data to be provided when creating an account must be complete and accurate;
- Users under the aged of 16 years must have permission from their parents or legal guardians in order to create an account. By creating an account, the User guarantees that he/she is 16 years of age or older or that he/she has permission from his/her parents or legal guardians;
- Creating an account in another person's name or assuming a false identity is prohibited;
- The User is responsible for keeping his/her user name/login code and password strictly confidential;
- The User is not permitted to use his/her account to grant third parties access to a Digital Publication;
- The User is fully responsible and liable for all use of his/her user name/login code and password and for all actions performed via his/her account. If and as soon as a User suspects that his/her login code, password, account and/or identity is being used unlawfully, he/she must immediately notify KMG of this. In that event KMG is authorised to take all measures it deems necessary to protect its Publications and other Users and the User is required to fully cooperate with these measures;
- KMG reserves the right to refuse, delete or block access to an account, temporarily or otherwise.
KMG reserves the right to amend the contents of its Publications and/or these Conditions of Use at any time. The amended Conditions of Use take effect at the moment they are published. By continuing his/her Use of the Publication(s), the User declares that he/she has taken note of and has agreed to the applicability and contents of these amended Conditions of Use.
Choice of Law
Dutch law applies to these Conditions of Use and any disputes arising from them.