thumbr B.V. ("thumbr")
1073 AT Amsterdam
Dutch Chamber of Commerce (Amsterdam) nr: 53270886
Dutch VAT nr. : NL850818126B01
1. DESCRIPTION OF THE SERVICES
2. ACCESS TO THE SERVICES, AVAILABILITY AND AGE LIMITS; YOUR RESPONSIBILITIES
3. PAYMENTS FOR THE SERVICE AND RIGHT OF WITHDRAWAL
If thumbr requires a payment for particular content and/or Services, the Terms of payment of thumbr are applicable. thumbr can supply to you – directly or via third-party suppliers of payment services (“the Third-party Supplier”) that supply payment transaction services to thumbr and the users of the Services to enable the sale of products, content or Services via the Services – products, services and/or virtual items (such as a virtual game element, virtual coins or a subscription to download a game). If you purchase such a product, service or item, you enter into an agreement with thumbr or the relevant Third-party Supplier for the execution of the payment.
If the agreement with a Third-party Supplier of payment services is entered into, thumbr is never responsible for the communication between you and this Third-party Supplier. All information that you exchange with the Third-party Supplier comes exclusively under the Privacy statement and/or other instructions of the Third-party Supplier and you indemnify thumbr with respect to reversals of payments or other claims of the Third-party Supplier as a result of the non-execution of the payment.
In the event that the agreement for the payment service is entered into with thumbr, all information that we receive from you in the context of executing payments and supplying services comes under our Privacy statement. You pay or reimburse to thumbr all national and local or other taxes (with the exception of tax based on the net profit of thumbr) including but not confined to turnover tax, use-related property tax and tax on games of chance or any other levies in their place, which taxes are based on the costs payable for the use of the Services, regardless of whether that tax is imposed now or in the future by international, European, national or local authorities or by another institution or institutions with the authority to impose tax.
If you purchase a product or service from us in the EU, you are entitled to revoke your purchase within seven calendar days, counting from the first day after the date of delivery or purchase (the right of withdrawal period). The date of purchase is considered to be the date of delivery. You do not have this right if the service or the product was delivered and used before the end of the right of withdrawal period. In the event of purchase of virtual items, digital content, digital goods, digital products and/or digital services, you are not entitled to withdraw your purchase, because the execution starts at the moment of delivery.
thumbr does not refund money, for whatever reason. You do not receive money back or any other compensation for unused products, goods or virtual items. If a payment must be made for certain content, products, Services or virtual items, the payment is payable regardless of whether you actually download or use content and/or applications or not; the consideration for the payment is exclusively the supply of the right to download, receive and/or have access to certain content and/or applications. If you cancel or close (voluntarily or involuntarily) your subscription with thumbr, the (virtual) items, products, goods and/or services purchased by you are lost. thumbr provides no compensation for them at all.
4. CODE OF CONDUCT FOR THE USE OF THE SERVICES
You will maintain confidentiality with respect to the information provided to you via the Services and the Sites and you will not pass that information on to others, without the permission of thumbr or the person who provided the information to you;
You will not use the Services and the Sites to consort with bullying or offensive behaviour, including but not confined to the placement of announcements, photos or recordings with insulting, defamatory, coarse or disgracing statements, or racist, pornographic, obscene or insulting language or images;
You will not use the Services and the Sites for (inciting to) actions that constitute a criminal offence or that result in liability under civil law;
You will not use the Services and the Sites to infringe the privacy rights, property rights, intellectual property rights or other rights of thumbr or of any person;
You will not place messages, photos or recordings, or use the Services in any way that infringes, plagiarises or violates the rights of thumbr or of a third party, including but not confined to copyright, privacy or other personal right, or in any way that is fraudulent or unlawful in any other way or is contrary to the law or public morality;
You will not use the Services and the Sites for the promotion of charities, advertising or acquisition of articles or services and/or other promotional and/or commercial purposes;
You will in no way place or pass on contact information via your publicly placed information, including but not confined to telephone numbers, postal addresses, email addresses, websites or full names;
You will not impersonate a different person or create this impression;
You will not reproduce, copy, sell, resell or use – fully or partially – the Services and the Sites;
You will not use the Services and the Sites for the direct or indirect sending of unsolicited messages, including but not confined to mass commercial advertising or informative announcements via email or instant messages or the placement of messages on messages boards (“Spam”). In addition, you will not use the Services and the Sites (a) to send messages that are excessive and/or intended to torment or harass others, (b) to continue sending or placing messages to and/or on thumbr or to a recipient who has indicated that he/she does not wish to receive them, (c) to send messages with deceptive or misleading header information, (d) to send messages maliciously, including but not confined to “mail bombing”, or (e) to send or receive messages in a way that breaches the user policy of an internet service provider;
You will not spread any computer virus or other computer code, files or programs of whatever nature via the Services and the Sites that interrupt, destroy or limit the functionality of computer software or hardware or telecommunication equipment or otherwise enable the unauthorised use of a computer or computer network, including wireless devices and networks.
You are not permitted to use the Services and the Sites in any way that could damage, overload or impair or disable our servers or networks or that could impede the use and enjoyment of other people of the Services and/or the Sites. You are not permitted to attempt to gain unauthorised access by means of hacking, password mining or any other method to services, user accounts, computer systems or networks
thumbr reserves the right at its own discretion to terminate or suspend your use of the Services and the Sites in connection with a possible breach of these prohibitory provisions and subsequently to take legal and technical measures and recover any damages from you in full.
5. REGISTRATION FOR THE SERVICE
If you register for the Services, you guarantee that (a) the personal information provided on the registration form (hereinafter referred to as the “Registration Information”) is correct and complete. If you choose a user name, we reserve the right to remove or cancel it if we deem that appropriate. If thumbr, at its own discretion, is of the opinion that the Registration Information is not correct or complete, thumbr is authorised to suspend or terminate the use of your account and/or terminate the relationship with you and/or deny you the use of the Services and/or the Sites or a part of them, now or in the future. You are responsible for maintaining the secrecy of passwords and/or other information that is provided to you by thumbr and you are fully responsible for all actions that are performed with the aid of the use of your user name, password or this other information. You undertake to conclude your visit to the Sites at the end of each session (by closing your browser) and to contact thumbr if you notice or suspect that unauthorised use is being made of your password or that the security or protection of the Registered Information is no longer guaranteed for a different reason. thumbr can provide you with access to certain Services and/or Sites without you being registered as a user. In any of those cases, your identification is based on the means of identification that we deem suitable, such as the number of your mobile telephone.
As a user you may only have one account. In the event of more than one account, we reserve the right to remove them. thumbr has the right to terminate the accounts of users who have not been active for a significant period.
6. COMPETITIONS AND AVAILABILITY OF PRIZES
7. PRIVACY STATEMENT AND PROCESSING OF DATA
8. INDEMNIFICATION AND COMPENSATION
9. USE, STORAGE, MONITORING AND REMOVAL OF INFORMATION
You guarantee that the Material does not infringe the rights of third parties and you hereby grant us a royalty-free, non-exclusive, transferable, perpetual and worldwide licence to use, reproduce and disclose at the discretion of thumbr the Material placed and/or disclosed by you on the Sites and/or via the Services.
If you are of the opinion that an advertising message, text message or a public announcement on the Sites is an infringement of your copyright, you can read in our copyright policy as described in article 10 what you can do.
10. COPYRIGHT POLICY
If you are of the opinion that without your prior permission your statements have been reproduced and/or otherwise disclosed via the Services, on this website or via the wapsite in such a way that this infringes or has infringed your IP rights or that these rights have been violated in another way, we request you to inform us of the (alleged) violation, whereby the following information should be provided:
- - a specific description and the location(s) of the statements;
- - your name, address, mobile telephone number and email address;
- - a declaration that shows that you and/or your authorised representative did not give permission for the reproduction and/or disclosure of the statements, or that the statements are lawful on the basis of any statutory provision;
- - a declaration that shows indisputably that the information you provided to us is complete and true and that shows that you are the lawful owner of the IP rights that are vested in the statements.
As soon as your notification has reached us, we reserve the right to block the statements or remove them from the Sites. If in our opinion the statements may constitute an infringement of your IP rights, we will proceed to blocking or removal and do our best to find out the identity of the infringing party. At the same time, we will inform this party of the infringement it has performed and of the fact that its statements constituting an infringement have been removed from the Sites.
The party whose statements constituting an infringement are blocked or removed on the basis of this copyright policy has the right to set up a defence. To that aim, it must provide us with the following information:
a specific and complete description of the statements that have been blocked or removed and the locations of these statements before they were blocked or removed, including the URL;
a declaration that shows indisputably that the statements have been blocked or removed as a result of demonstrable errors or mistakes or that shows that the blocked or removed statements were incorrectly designated as statements to be blocked or removed;
11. CANCELLATION AND TERMINATION
Your data is stored by thumbr for no more than two years after your last visit to the thumbr platform, unless thumbr, for reasons of any statutory provision, is obliged to store (parts of) your personal data for a longer period. Please read our Privacy statement for more information. thumbr reserves the right to terminate or suspend at its own discretion your use of the Services and/or the Sites at all times without prior notice and to destroy and remove within the Service the Registered Information, as well as all information and files related to you, including the Material placed or disclosed by you on or via the Services and the Sites. thumbr can also deny you further access to the Services and/or Sites.
12. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS AND SITES OF THIRD PARTIES
We can make use of advertisers and sponsors with respect to our Services and the Sites. As a condition of the use of these Services and the Sites, you agree that we can show advertising and other promotions on our Sites or in our Services. Including advertisements or promotions on our Sites or in our Services does not signify agreement by thumbr with the corresponding content and/or service, and/or the corresponding product, service or company. We aim at advertising and promotions that are suitable for our users. thumbr does not take part in and is in no way responsible for a transaction with respect to products or services that are provided by the third parties referred to, or for the content or information that is provided in connection with products or services from third parties. You agree that thumbr is not liable for damage of whatever nature, which is the result of those transactions.
In addition, the Services and/or the Sites may contain links to websites of third parties, including links that are offered as automated search results. thumbr does not take part in and is in no way liable for the content of – or material on – these websites.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
THUMBR, ITS DIRECTORS, MANAGERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS (THE “PROVIDERS”) ACCEPT NO LIABILITY WHATSOEVER FOR DAMAGE THAT IS THE RESULT OF THE USE MADE BY YOU OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND THE SITES. YOU UNDERSTAND AND AGREE EXPLICITLY THAT:
THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WHEREBY NO GUARANTEE AT ALL IS OFFERED. THE PROVIDERS IN SO FAR AS AND TO THE EXTENT THAT IS LEGALLY ALLOWED, EXPRESSLY ACCEPT NO LIABILITY WHATSOEVER, WHETHER EXPLICIT, IMPLICIT, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES, INCLUDING BUT NOT CONFINED TO THE IMPLICIT GUARANTEE OF THE PROPERTY RIGHT, THE MARKETABILITY, THE SUITABILITY FOR A PARTICULAR PURPOSE AND THE NON-BREACH OF PROPERTY RIGHTS.
THE PROVIDERS ACCEPT NO LIABILITY WITH RESPECT TO THE SAFETY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES. THE PROVIDERS DO NOT GUARANTEE THAT THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES MEET YOUR EXPECTATIONS OR THAT THE SERVICE, THE SUPPLY OF THE CONTENT, THE SOFTWARE, THE SERVICES AND SITES WILL NOT BE INTERRUPTED AND FREE OF ERRORS.
ADVICE OR INFORMATION, VERBAL OR IN WRITING OR VIA OUR SERVICES, OBTAINED BY YOU FROM US, DOES NOT CREATE ANY GUARANTEE THAT HAS NOT BEEN LAID DOWN EXPRESSLY IN THESE GENERAL AND SPECIFIC TERMS. YOU MAY NOT RELY ON THAT INFORMATION OR ADVICE;
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE OR LOSS OF DATA AS A RESULT OF DOWNLOADING OR USING THE CONTENT, THIS SOFTWARE, THE SERVICES AND THE SITES;
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE PROVIDERS BE LIABLE TO YOU OR A THIRD PARTY FOR DAMAGE, INCLUDING BUT NOT CONFINED TO DIRECT, INDIRECT, ADDITIONAL, SPECIAL, MORAL, SUPPLEMENTARY, THIRD-PARTY LIABILITY OR CONSEQUENTIAL DAMAGE (INCLUDING DAMAGE DUE TO LOSS OF OPERATIONAL INCOME, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) AS A RESULT OF THE USE MADE BY YOU, MISUSE OR IMPOSSIBILITY OF USING THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES, ALSO IF THE AUTHORISED REPRESENTATIVE OF THUMBR HAS BEEN INFORMED OF THE POSSIBILITY OF THAT DAMAGE ARISING (INCLUDING DAMAGE SUFFERED BY THIRD PARTIES). IF UNDER THE LAW APPLICABLE TO YOU THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY IS NOT PERMITTED TO ITS FULLEST EXTENT, THE ABOVE LIMITATION OR EXCLUSION IS APPLICABLE IN SO FAR AS STATUTORILY PERMITTED. IN NO EVENT WILL THE TOTAL LIABILITY OF THE PROVIDERS TO YOU FOR THE DAMAGE, LOSSES AND CLAIMS (FROM THE CONTRACT OR FROM UNLAWFUL DEED (INCLUDING NEGLIGENCE) OR OTHERWISE) BE GREATER THAN THE AMOUNT THAT WAS PAID BY YOU TO THUMBR TO REGISTER YOURSELF FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND THE SITES.
16. GENERAL INFORMATION