General Terms of Use for NDC mediagroep Publications

Definitions

 

In these Terms of Use, the terms below are defined as follows:

 

Terms of Use: these general terms of use;

 

Content: all text, graphics, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, scripts, games and all other materials which are published in or via the Publications, or which 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 Terms of Use, this is also understood to refer to the Content contained therein;

 

Digital Publications: amongst others, (mobile) websites and (mobile) applications, as well as other forms of digital publications by NDC mediagroep;

 

NDC mediagroep:  NDC mediagroep B.V., as well as each of its (direct and indirect) subsidiaries;

 

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 NDC mediagroep’ Publications in any way whatsoever, for instance by reading or calling up these Publications, posting User Content or otherwise;

 

User Content: all Content that is provided to NDC mediagroep by a User, including but not limited to letters and photos submitted and all Content that a User has made available digitally or uploaded for one or more Publications;

 

Publications: all publications by NDC mediagroep, in print form, digital form and all other possible forms in which NDC mediagroep publishes Content.

 

Applicability and scope

These Terms of Use apply to the Use of all NDC mediagroep Publications unless other terms have explicitly been declared applicable by NDC mediagroep. By using a Publication, the User declares that he/she has taken note of and accepts these Terms of Use.

 

Intellectual property rights

All (intellectual) property rights to the Publications, including press publication rights, copyrights, trademark rights, database rights and trade name rights, are held exclusively by NDC mediagroep and/or its licensors. The (right of) Use in relation to a Publication in no way implies the existence of any transfer, license or other right of use on the part of the User with respect to these rights.

 

NDC mediagroep explicitly reserves all (copy- and other) rights to the Publications. Therefore, without NDC mediagroep prior explicit and written permission, the Publications may not be copied, distributed, re-utilized, extracted, or otherwise reproduced or made available, in whole or in part, in any way whatsoever, except to the extent strictly necessary for personal, non-commercial Use. The extraction and reproduction of (parts of) the Publications for the purpose of text- and data mining is therefore also expressly prohibited, with the exception of extractions and reproductions made by research organizations and cultural heritage institutions for the purpose of scientific research as referred to in article 15n of the Copyright Act.

 

If the User infringes NDC mediagroep rights, he/she is liable for all damage suffered by NDC mediagroep as a result, including the costs of investigation and legal assistance.

 

(Re-)Use of Publications

The Publications are solely intended for personal, non-commercial Use.

 

For copying or otherwise reproducing or making available (part of) a Publication, the User must request explicit and written permission in advance from the editor and/or publisher of the Publication. The contact details can be found in the Publication. Clearly state in your request 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, which will be at least € 0.36 per word (excluding VAT) in the event of text files.

 

It is prohibited to circumvent, inactivate or otherwise influence the security of 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.

 

It is explicitly prohibited to make available and/or reproduce Publications in another context (visual or otherwise), through another URL, by means of an iframe or any other kind of framing.

 

The use of software or any automated system to retrieve information from the Publications (“scraping”) is prohibited, unless NDC mediagroep has given its explicit prior consent and the functionalities offered by NDC mediagroep (such as an API connection) are being used.

 

User Content

The following conditions apply to all User Content:

  • User Content must satisfy 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 NDC mediagroep;
  • 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;
  • NDC mediagroep 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 Terms of Use or, if necessary, without having to report its reasons;
  • NDC mediagroep 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 in case NDC mediagroep is obligated to report such 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 NDC mediagroep and other Users a license to it;
  • By making User Content available, the User grants:
    • NDC mediagroep an irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicence), 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 license, 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 Terms 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 NDC mediagroep and/or other Users;
  • NDC mediagroep 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.

 

NDC mediagroep is not liable for the consequences of publishing User Content and the User indemnifies NDC mediagroep 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 username/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 username/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 NDC mediagroep of this. In that event NDC mediagroep is authorized 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;
  • NDC mediagroep reserves the right to refuse, delete or block access to an account, temporarily or otherwise.

 

Disclaimer

NDC mediagroep devotes constant care and attention to the content and composition of its Publications. Nonetheless, NDC mediagroep does not provide any guarantees with regard to the completeness, accuracy or reliability thereof, nor does NDC mediagroep guarantee that the information contained in the Publications is suitable for the purpose for which these are consulted. Nor is NDC mediagroep 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.

 

Claims and opinions expressed in the articles and notices (including advertisements) in the Publications are those of the particular author/authors, advertiser/advertisers and/or other User/Users, and not (necessarily) those of NDC mediagroep. NDC mediagroep neither guarantees nor endorses any product or service mentioned in its Publications, nor does it guarantee the claims made by the party offering these products or services. With this in mind, the User is advised to, if necessary, seek independent information and/or conduct his own research before using the information obtained via the Publications.

 

NDC mediagroep may perform editorial, substantive, technical and/or other types of checks on User Content, but does not do this in all cases. The User is aware that a Publication may contain factually incorrect, insulting, indecent or distasteful User Content and explicitly accepts that NDC mediagroep is not liable for this.

 

NDC mediagroep 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 NDC mediagroep for any Use by him/her of the Publications that is not in accordance with the provisions of these Terms of Use and indemnifies NDC mediagroep against all third-party claims in relation to such.

 

Amendments

NDC mediagroep reserves the right to amend the contents of its Publications, the services provided through the Publications, as well as these Terms of Use at any time. The amended Terms of Use take effect at the moment they are published. By continuing the Use of the Publications, the User agrees with the applicability of the amended Terms of Use.

 

Choice of law

Dutch law applies to these Terms of Use and any disputes arising from them.

 

These Terms of Use were most recently amended on 10 June 2021.