Acceptance of Terms and Definitions
1.b. We expressly reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to review the Website and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Website and acceptance of those modifications will constitute agreement to abide and be bound by the modified Terms.
1.c. At any time, the current version of the Terms may be viewed, printed and downloaded at http://www.inmutual.com/about/terms-of-service
Description of our Services
2.a. On our Website we provide you with the ability to share the things that bring you together with other people. We show the connections you have with others through your mutual networks. On the Website, the Users may (1) fill in networks of conferences, schools, universities, companies where they were or will be a participant/part of and (2) post, comment, reply on the forum chat boards on each networks network page on InMutual. Every registered User is a participant in the community.
2.b. We only act as an arranger between the Users. Therefore, we are not responsible towards any party for performance of the contact.
2.c. We reserve the sole right to modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.
The use of our Services
3.a. You may use our Services only if you can form a binding contract with InMutual, and only in compliance with these Terms and all applicable laws. When you create your InMutual account, you must provide us with accurate and complete information.
3.b. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Registration, Registration data and Privacy
4.a. In order to access the Website and to participate in the community, you will be required to set up an account (the User Account). You can obtain the User Account by completing our online registration form, which requests certain information and data (Registration Data). Only natural persons of 13 years of age and unlimited legal capacity, legal entities and partnerships are allowed to register. By registering, you acknowledge that all information provided in the Registration Data is true, complete and accurate and that you will correct any future modifications in order to keep the Registration Data current, complete and accurate. You may delete your User Account at any time.
4.b. We also provide you with the possibility to use InMutual by signing in with your Facebook or Google account.
4.c. During the registration, you will type in your email and select a password (the Access Data), which you will need for future login. You are solely responsible for maintaining the confidentiality of your Access Data and for any and all statements made and acts or omissions that occur through the use of your Access Data. Therefore, you must take steps to ensure that others do not gain access to your Access Data. Our personnel will never ask you for your password. You may not transfer or share your User Account with anyone, and we reserve the right to immediately terminate your User Account if you do transfer or share your User Account. We shall not be liable for damages, which result from the abuse or loss of the Access Data.
4.d. We undertake to handle all personal Registration Data in strict confidence according to statutory provisions and to collect, process, store and use the Registration Data only for the purpose of operating the Website and allowing you to act as a participant in the community.
Posting on InMutual
5.a. InMutual allows you to post content, including photos, comments, and other materials on the network and (sub)-sub-network pages. Anything that you post or otherwise make available on our Products is referred to as User Content. You retain all rights in, and are solely responsible for, the User Content you post to InMutual.
5.b. Moderators can remove inappropriate posts as they see fit and are able to block a user for a twelve (12) hour period or ban them indefinitely from posting on the (sub)-sub network.
5.c. Users may comment and react on your posts through electronic processes on the Website.
5.d. You acknowledge that you are solely responsible for your posts with good manner. In particular it is your obligation to ensure and to take all required action that your InMutual complies with all law.
5.e. You grant InMutual and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on InMutual solely for the purposes of operating, developing, providing, and using the InMutual Products. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Intellectual Property Information
7.a. For purposes of these Terms, Content is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed on our Website.
7.b. The Content presented on the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of InMutual and/or third parties (the Content Provider). You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any Content or use of or access to the Website. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, distribute, transfer to third parties, storage, use altered versions of or use in a similar or different manner any Content in any form or by any means without prior written permission from us or the specific Content Provider. Any unauthorized use of the Content may result in criminal or civil penalties.
7.c. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks (the Trademarks) of InMutual or Content Providers. You have no right to use these Trademarks.
7.d. Any Content that you transmit to the Website or to us, will be treated as non-confidential and non-proprietary. While you retain all rights in such Content, you grant us a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such Content for any purpose regardless of the form or medium in which it is used.
7.e. We do not warrant or represent that your use of Content will not infringe the rights of third parties.
7.f. We respect the intellectual property of others, and we ask you to do the same. If you believe your or anyone’s copyright, trademark or other property rights have been infringed by a posting or Content on the Website, you should immediately send notification to firstname.lastname@example.org.
Conduct on our Website and Legality of content
8.a. Your use of the Website is subject to Dutch law. You are solely responsible for the substance of your communications through the Website and any consequences thereof. By posting in or otherwise using any communications service, that may be available to you on the Website (the Communication Services), you are obliged to ensure that you do not violate these Terms, the applicable law, good manners or any third party rights (personal rights, copyrights, intellectual property rights, data protection rights etc.) or jeopardize public policy. In particular you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Content that:
– is unlawful, threatening, abusive, harassing, defamatory, offensive, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, harms another person(s) in any other way or otherwise violates our rules or policies;
– promotes violence or sedition, incites criminal acts, provides instructions on how to commit criminal acts, contains explicit or graphic descriptions or accounts of pornography or sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
– victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
– constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
– contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
– impersonates any person or entity, including any of our employees or representatives.
8.b. We do not pre-screen, monitor, or edit all of the Content posted by Users of our Communication Services or submitted by any User of the Website and we neither endorse nor assume any liability for such Content. However, we reserve the right at our sole discretion to remove or adjust any Content that, in our judgment, does not comply with these Terms or any other rules of User conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of Content.
8.c. You may not use your User Account to breach security of another User Account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
8.d. You agree that we may at any time, and at our sole discretion, block or terminate your User Account with immediate effect and without prior notice to you for violating any of the above provisions and refuse a new registration. You shall be liable for any damage to us due to a posting inconsistent with these Terms. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Restrictions of content and Use of the Services
9.a. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content and to terminate User Accounts or reclaim (sub-sub-) networks pages to the Website as established by Users from time to time.
Termination of Use
10.a. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
10.b. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and files in your User Account and/or bar any further access to such files or the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Third party websites and Information
11. The Website may link you to other sites on the Internet (Third Party Websites) or otherwise include references to Content provided by other parties. These Third Party Websites may contain information or material that some people may find inappropriate or offensive. These websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, reliability, copyright compliance, legality, decency, or any other aspect of the Content of such Third Party Websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Website or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties
12.a. We make no warranty that the results that may be obtained from the Website will be effective, accurate or reliable.
12.b. We make no warranty that the Website will meet your requirements and be uninterrupted, timely, secure or error-free. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
12.c. Content available through the Website often represents the opinions and judgments of a third person not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any Content made by anyone other than an authorized InMutual spokesperson speaking in his/her official capacity.
12.d. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings.
Limitation of Liability
13.a. We will only be liable for willful intent or gross negligence. We shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of a product or a Service, as far as there is no maliciously concealed defect, default or impossibility for which we are responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the User relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. Liability for subsequent damage, for instance loss of earnings and similar indirect damage, and compensation for useless expenditures and liability for the property hereof is excluded.
13.b. Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and error-free. We do not ensure constant and uninterrupted availability of our Website or the absence of technical failure, inaccuracies or typographical errors or data loss and we are not liable for any loss arising out of or in connection with the use of the Website or any website referenced or linked to from the Website. We cannot guarantee that our Website is virus-free. The use of the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that may result from such activities. You shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.
13.c. We shall not be liable in any way for third party goods and services offered through the Website or for assistance in conducting commercial transactions through the Website, including without limitation the processing of orders.
14. Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15.a. All notices to a party shall be at least in text form. Notices to us must be sent to the attention of Customer Service at email@example.com , if by email, or at InMutual, located at Frederik Hendrikstraat 23-hs, 1052 HJ Amsterdam, the Netherlands if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data.
15.b. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance.
Venue and Applicable law
16.a. These Terms and any use of the Website, including the conclusion of contracts, shall be governed exclusively by Dutch law.
16.b. Jurisdiction over any disputes arising in connection with the Website shall lie with the courts in The Netherlands, as far as legally admissible
17. We accept no oral agreements. These Terms and any additional posted rules applicable to certain Activities constitute the entire agreement. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, the Terms shall take precedence.
18.a. Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
18.b. You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
18.c. If any part of these Terms is held invalid or unenforceable, the remaining portions shall remain in full force and effect. The Parties undertake to replace the invalid provision by a valid provision in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The same shall apply in case of a lacking provision.
18.d. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
19. Except as explicitly noted on this site, the services available through this site are offered by InMutual, located at Frederik Hendrikstraat 23-hs, 1052 HJ Amsterdam, the Netherlands. If you notice that any user is violating these Terms of Service, please contact us at firstname.lastname@example.org.