Terms of Service
1. ACCEPTANCE OF TERMS
MIMOA v.o.f. (“MIMOA”) provides its service to you, subject to the following Terms of Service, and reserves the right to update these Terms of Service at any time without notice to you. You should visit our Website periodically to review any changes. Your use of the Website constitutes your agreement to all such terms, conditions, policies and notices.
2. DESCRIPTION OF THE SERVICE
MIMOA provides users with access to a variety of resources including search services, shopping services, communication forums and personalized content through the Website and its network of properties and offers registered users the possibility to add information, images and other data to the network (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for MIMOA to provide the Service. MIMOA reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MIMOA properties, shall be subject to these Terms of Service.
3. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and to provide personal data. You also agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form;
b. maintain and promptly update the registration data (Mi Profile) to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MIMOA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MIMOA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. PERSONAL USE ONLY
The Service is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or exploit for any purposes, any portion of, use of, or access to the Service, the Website or the content on the Website. You may not use the Service to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. If you want to make commercial use of the Service, you must enter into an agreement with MIMOA to do so in advance. Please contact us for more information.
6. PERSONAL ACCOUNT
If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a screen name. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MIMOA of any unauthorized use of your password or account or any other breach of security. MIMOA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. MEMBER CONDUCT
You understand that all information, data, text, photographs, messages, tags, or other (audio-visual) materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that you, and not MIMOA, are entirely responsible for all Content that you publish, post, upload, distribute or otherwise make available via the Service. MIMOA has control on the Content posted via the Service, but MIMOA has no obligation to monitor the use of the Service and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will MIMOA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content published, posted, uploaded, distributed or otherwise made available via the Service.
By way of example, and not as a limitation, you agree that, when using the Service, you will not:
a. publish, post, upload, distribute or otherwise make available any Content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable;
b. publish, post, upload, distribute or otherwise make available any Content that in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
c. publish, post, upload, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise);
d. publish, post, upload, distribute or otherwise make available any Content that contains software viruses, spyware or any other software, files or programs that may damage the operation of another's computer or property of another;
e. publish, post, upload, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. add contributions containing languages other than English. MIMOA reserves the right to remove those contributions;
g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h. advertise or offer to sell or buy any goods or services for any business purpose;
i. harvest or otherwise collect or store personal data about others, including email addresses;
j. create a false identity for the purpose of misleading others;
k. create an inappropriate (e.g. vulgar, offensive etc) screen name;
l. violate any applicable laws or regulations.
You acknowledge that MIMOA may or may not pre-screen Content, but that MIMOA has the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available on the Website. Without limiting the foregoing, MIMOA has the right to remove any Content that violates these Terms of Service or that is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MIMOA or submitted to the Website.
8. COPYRIGHT STATEMENT
MIMOA respects the intellectual property of others, and we expect our users to do the same. MIMOA does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for the Service, you grant MIMOA the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, translate, adapt and publicly display such Content within the context of the Service (including, without limitation, all MIMOA Services, now known or later developed) solely in connection with the architectural project for which such Content was submitted or made available. MIMOA has the right to always publish your screen name in connection with the content you submit.
The license you have granted will remain in full force, also after termination of your personal account. The granted license will only be terminated in case you remove the Content concerned from the Website or in case you request MIMOA to remove such Content from the Website. No compensation will be paid with respect to the use of your Content, unless agreed with MIMOA otherwise, in writing and signed by MIMOA.
MIMOA is under no obligation to post or use any submitted Content you may provide and MIMOA may remove any submitted Content at any time in its sole discretion.
In addition to the warranty and representation set forth above, by posting Content, you warrant and represent that:
a. you are the right owner of such Content, or that the right owner of such Content has granted you permission to use such Content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service;
c. all persons depicted in such Content have provided consent to the use of the Content as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content;
d. such Content does not infringe on any other third party rights and the publication thereof is not in any way unlawful. MIMOA is by no means liable or responsible for Content submitted to the Website by others. After submitting Content to the Website, you will always remain responsible for your Content, also after termination of your personal account, and the above warranties and representations remain in full force and effect. It is MIMOA’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other (intellectual property) rights of MIMOA and/or others.
Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MIMOA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The linked sites or resources are not under the control of MIMOA and MIMOA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
11. DISCLAIMER OF WARRANTIES
MIMOA disclaims any and all warranties for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material available or displayed on the Service of MIMOA. MIMOA does not endorse any opinions or recommendations made by users of the Service. MIMOA disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. MIMOA disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. the Service of MIMOA, and all materials, information, products and services included in the Service are provided “as is” and “as available”, with no warranties whatsoever. MIMOA expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
b. MIMOA disclaims any warranties:
- regarding the security, reliability, timeliness, and performance of the Service;
- for the accuracy, quality or reliability of any information or advice obtained through the Service;
- for services or goods received through or advertised on the Service of MIMOA or received through any links provided by the Service, as well as for any information or advice received through any links provided in the Service;
c. any material or data downloaded or otherwise obtained through the use of the Service of MIMOA is accessed at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
d. no advice or information, whether oral or written, obtained by you from MIMOA or through or from the Service shall create any warranty not expressly stated in the Terms of Service.
12. EXCLUSION OF LIABILITY
Under no circumstances shall MIMOA, our affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Service, be liable under any theory or liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including – but not limited to – any direct and indirect damages. The limitation of liability shall apply whether the damages arise from:
a. use of misuse of the Service of MIMOA, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties);
b. other services or goods received through or advertised on the Service of MIMOA or received through any links provided in the Service;
c. any information or advice received through or advertised on the Service or received through any links provided in the Service of MIMOA;
d. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service;
e. the performance or non-performance of the Service of MIMOA or any information or merchandise that appears on, or is linked, or related in any way to the Service;
f. any other matter relating to the Service.
13. MODIFICATION OF THE SERVICE
MIMOA reserves the right from time to time for any reason to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MIMOA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. INTELLECTUAL PROPERTY
The names, images and logos identifying MIMOA, as well as all information, software, photographs, graphics, videos, images and other data of MIMOA and/or third parties are subject to copyright, design rights, database rights, trade mark rights and/or other (intellectual property) rights of MIMOA and/or third parties. It is prohibited to copy, modify, display, transmit, publish, transfer, sell or in any other way make available these data (or any part thereof) without our prior approval.
You agree to indemnify and defend MIMOA, our affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Service, against and hold harmless from any and all claims, such as damages and expenses, due to or arising out of your use of the Service, your connection to the Service, your submission of Content and/or your violation of these Terms of Service. In addition, you agree to reimburse MIMOA for all (legal) costs and expenses made by MIMOA in connection with such claims.
This provision will remain in full force and effect after termination of your personal account and your use of the Service.
16. WAIVER AND SEVERANCE OF TERMS
The failure of MIMOA to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found (partly) invalid or unenforceable, the provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service will continue in full force and effect.
17. ENTIRE AGREEMENT
18. REFUSAL OR DISCONTINUATION OF SERVICE
MIMOA reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including – but not limited to – the removal of your personal account, and to refuse any and all current or future use of the Service, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by MIMOA. MIMOA further reserves the right to remove an account that is "inactive" without prior notice. "Inactive" means that the user does not log in to his account for a period of 6 months.
19. CHOICE OF LAW AND FORUM
These Terms of Service will be governed by and construed in accordance with the laws of The Netherlands. The district court of Amsterdam has the exclusive jurisdiction regarding any and all disputes arising from and/or relating to these Terms of Service. You irrevocably consent to bring any action to enforce these Terms of Service in the district court located in Amsterdam, the Netherlands.