Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY.
- This agreement is with STICHTING CONNECTINGFRIENDS ("CONNECTINGFRIENDS", "we", or "us") and applies to all products and services of CONNECTINGFRIENDS.
- The site, application and services comprise an online platform through which Users can contact each other, exchange information, and agree on visits, hereinafter referred to as the "Service".
- CONNECTINGFRIENDS makes this Service available through www.connectingfriends.net and other (mobile) sites.
- You understand and agree that CONNECTINGFRIENDS is not a party to any agreement entered between Users of the Service, and that CONNECTINGFRIENDS has no control over the conduct of Users during their visits or over their use of the Service. We reserve the right, but have no obligation, to monitor interactions between you and other Users of the Service, in the interest of a secure Service for all Users.
- These Terms apply to your access to and use of the Service of CONNECTINGFRIENDS and to any User Content therein.
- These Terms describe the intent of the Service that you are getting access to. By accepting the Terms or using the Service, you agree to comply with these intentions and to comply with the Terms.
- If you accept or agree to these Terms on behalf of any entity or use the Service on behalf of any entity, you represent and warrant that you are authorized to do so on that entity's behalf and that the entity will be responsible for your violation of these Terms.
- We reserve the right to make changes at any time to these Terms. Any modifications to the Terms will be effective immediately upon posting. With each update, we will update the “Latest Update” date at the top of these Terms. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms.
- If you have any questions regarding these Terms, please contact us through our Contact Form.
- The "Service" refers to our website(s) and its application, Content, newsletter(s), and all of its functionality and formats, as well as to any mobile application(s) or any other product or service that we may create in the future, and includes the website, the application.
- A "User" of the Service means a person who completes CONNECTINGFRIENDS's account registration process, as described under “Account Registration” below, and has decided to take a paid subscription to the Service.
- A "Visit" refers to any off-line get-together between Users of the Service, and anyone introduced to this get-together by any of the parties involved or anyone coincidentally or expressly participating in this get-together, insofar this get-together is arranged using the Service. Get-togethers between Users, not arranged via the Service are not considered Visits and are in no way related to the Service or to the responsibility of CONNECTINGFRIENDS.
"Location" is the housing of User, describing the facilities where a User lives and where the User can accommodate Guests for Visits, including but not limited to the User's house or houses, holiday accommodation, tent, caravan, and mobile home.
A "Host" is a User offering a Visit to any other User at their own Location.
A "Guest" is a User visiting a Host.
A "Location Owner" is the User who created a Location and is still authorized to maintain its description.
A "Location Sharer" is a User who also lives in the Location of a Location Owner.
- "Terms" refers to the full text of this agreement and all of its parts.
- “Content” refers to all text, graphics, images, audio, video, information or other materials in the Service.
- “User Content” is any information, file, or other object that a User posts, uploads, publishes, submits or transmits to be made available through the Service.
- “Materials” refers to the logo of the Service, all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof.
- "Feedback" is all feedback, comments and suggestions for improvements to the Services.
- "Fees" refer to all the payments you are obliged to make to CONNECTINGFRIENDSfor the use of the Service, or for buying any of the products or services offered at the Service.
- A "Dispute" is a claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service.
REGISTRATION, ELIGIBILITY & ACCOUNT
Users can invite other Users for a get-together in their own home, at the other User's home, or at any location of their choice. Users can remove their account if they do not want to use the Service any more. All personal information of the User is then removed from Visit registrations, and no other User can find personal details on the account in the Service any more. If the User also removes a Location, all user descriptions of the Location are removed as well, including all photographs.
A User may create one or more Locations and then becomes the Location Owner of this Location. Users can be connected to more than one Location, if they indeed live in that Location, at least part of the time.
A Location Owner may invite other Users that live in the same Location with the Location Owner to become a Location Sharer.
A Location Owner may transfer ownership of a Location (i.e. the description and specification of a Location) to a Location Sharer, who then becomes the Location Owner.
By registering to use our Service, you represent and warrant that you are at least 18 years old.
The use of the Service requires that you register for an account. You agree to provide and maintain correct, up-to-date and complete information.
You are responsible for the safe use of your access details. You agree to (a) create a unique password for the Service; (b) not disclose your password to any third party; (c) take full responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access; (d) provide and maintain correct, up-to-date and complete information in your account; (e) immediately notify CONNECTINGFRIENDS of any unauthorized use of your account or if you suspect any security breaches related to the Services; (f) maintain and promptly update your account information upon any changes; (g) maintain the security of your account by protecting your password and restricting access to your account.
You are not allowed to use more than one (1) account. CONNECTINGFRIENDS reserves the right to suspend or terminate your account and your access to the Service if you create more than one (1) account, if any information provided during the registration or thereafter proves to be inaccurate, false, not current or incomplete, or if we have a reasonable suspicion that others than you have gained access to the Service using your account.
INTERACTIONS WITH OTHER USERS
We cannot and do not confirm each User's identity. Users are solely responsible for determining the identity and suitability of others with whom they connect through our Service. We do not endorse any User of our Service and we do not investigate or verify any User's profile, conduct, background, or any information Users may submit to the Service. We encourage you to take precautions when interacting with other Users, particularly when meeting a stranger in person for the first time. Registering your Visit is an important step for your safety and the safety of other Users.
THIRD PARTY PRODUCTS
The Service includes areas where you or other Users can create, post or store User Content. You are solely responsible for your use of such areas and agree that your use of these areas is at your own risk. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, any User Content that we believe, in our sole discretion:
- is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;
- creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm
- attacks, bullies or harasses nonpublic people
- includes hate speech,
- discriminates any ethnic, racial, sexual or religious group;
- is gratuitously violent or gory
- infringes anyone's intellectual property, privacy or other rights
- is fraudulent or deceptive
- contains someone else's personal information unless such person has agreed to the disclosure of this information;
- contains any information or content that’s illegal
- contains any harmful, disruptive or destructive content that may harm any other User of the Service;
- may infringe any right of any other party.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Services and User Content. In connection with your use of the Services and User Content, you may not and you agree that you will not:
- violate any applicable local, state, provincial, national, or other law or regulation, any order of a court, or any illegal activity;
- use any means or processes to access, “scrape,” “crawl” or “spider” any content of the Service;
- use the Service or User Content for any commercial or other purpose that is not expressly permitted by these Terms;
- copy, collect, store or otherwise access any information contained on the Service or User Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Service, including, without limitation, through the use of harmful code, including but not limited to viruses, bots, Trojan horses, denial-of-service attacks, or spoofing.
- use our Service to distribute, transmit, post or submit any information concerning any other person or entity, without their permission;
- use our Service or User Content in connection with the distribution of unsolicited commercial e-mail ("spam") or advertisements of any kind;
- stalk, threaten, intimidate or harass any other User of our Service or User Content, or collect or store any personally identifiable information about any other User, other than for purposes of connecting for a Visit;
- offer, as a Host, any Location that you do not yourself own or have permission to use;
- register for more than one Account or register for an Account on behalf of an individual other than yourself;
- use the Service or User Content to find a Host or Guest and then complete a Visit independent of the Service in order to circumvent the obligation to pay any Service fees related to CONNECTINGFRIENDS's provision of the Service or for any other reasons;
- circumvent or attempt to defeat any security or measure relating to use of the Services;
- present yourself as an agent, representative, employee or affiliate of CONNECTINGFRIENDS, impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use the Services in any manner that could hinder other members from fully enjoying the Services or that could damage or impair the functioning of the Services in any manner;
- post, upload, publish, submit or transmit any Content that does any of the foregoing;
- use the Service or User Content, or any individual element thereof, including but not limited to CONNECTINGFRIENDS's Materials, without CONNECTINGFRIENDS's express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or User Content;
- assist or encourage any third party in doing any of the foregoing.
CONNECTINGFRIENDS has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
If you are not interested in a Visit when invited by another user, be polite in your rejection and don't wait too long responding to the request. Use a short message to respond to this request, explaining the reason for your rejection.
If you approach another User and this User is not interested in further contact, than take your distance and do not send this User more messages.
VIOLATION OF THE TERMS
CONNECTINGFRIENDS reserves the right, in our sole discretion, to edit, remove or delete any User Content that is a violation of this agreement without notice. Enforcement of these Terms is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances.
PAYMENT PROCESSING ERRORS
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate eligible transaction account, payment instructions or contact information.
USER CONTENT LICENSE
CONNECTINGFRIENDS may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against CONNECTINGFRIENDS or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of CONNECTINGFRIENDS, its users, or members of the public.
You acknowledge that CONNECTINGFRIENDS has no obligation to monitor your access to or use of the Service or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
CONNECTINGFRIENDS reserves the right, at any time and without prior notice, to remove or disable access to any Content that CONNECTINGFRIENDS at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Service and all content and other Materials on the Service, are the proprietary property of CONNECTINGFRIENDS or our licensors or members and are protected by Dutch and international copyright laws.
You are granted a limited, non-exclusive and non-transferable license to access and use the Service and CONNECTINGFRIENDS Materials for its purposes as described and limited in these Terms. This license is revocable at any time. Any use of the Service or the CONNECTINGFRIENDS Materials other than as specifically authorized herein, without the prior written permission of CONNECTINGFRIENDS is strictly prohibited and will terminate the license granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or any Content therein, unless that is explicitly permitted in these Terms. You will also not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms. By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CONNECTINGFRIENDS or its licensors, except for the licenses and rights expressly granted in these Terms.
In consideration for the use of our online platform, we charge the Users of the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Service Fees.
CONNECTINGFRIENDS has the sole responsibility and right to determine the membership fee, as well as the renewable subscription period.
Users can decide to remove their account. Payments will then automatically stop, starting with the next due payment. Payments for the running period are not restituted.
Your subscription will be automatically renewed until you inactivate or remove your account.
Apart from the membership fee, a User pays no fees to CONNECTINGFRIENDS for the use of the Service according to these Terms.
REPEAT INFRINGER POLICY
CONNECTINGFRIENDS will, in appropriate circumstances and in CONNECTINGFRIENDS's sole discretion, terminate members who are deemed to be repeat infringers.
The Service, the Content, and the User Content are protected by copyright, trademark, and other laws of the Netherlands and foreign countries. You acknowledge and agree that the Service and the Content, including all associated intellectual property rights, are the exclusive property of CONNECTINGFRIENDS and its licensors, and that Users exclusively own their own User Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the User Content.
THIRD PARTY CONTENT
In using our Services, you may be exposed to content from other Users or third parties (“Third-Party Content”), either on our Service or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other Users of our Service.
All trademarks, service marks, logos, trade names and any other proprietary designations of CONNECTINGFRIENDS used herein are trademarks or registered trademarks of CONNECTINGFRIENDS and may not be copied, imitated or used, in whole or in part, including as metatags or any other “hidden text”, without the prior written permission of CONNECTINGFRIENDS or the applicable trademark holder. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
In addition, the look-and-feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of CONNECTINGFRIENDS and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service, provided such link does not portray CONNECTINGFRIENDS or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use a CONNECTINGFRIENDS logo or other proprietary graphic of CONNECTINGFRIENDS to link to the Services without the express written permission of CONNECTINGFRIENDS . Further, you may not use, frame or utilize framing techniques to enclose any CONNECTINGFRIENDS trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Service without CONNECTINGFRIENDS's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of CONNECTINGFRIENDS or any third party.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms, e.g. infringement of any intellectual property rights of others), with or without prior notice and at any time: (a) terminate your access to our Service, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another CONNECTINGFRIENDS account without our prior written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well being of the CONNECTINGFRIENDS community, we will remove a User's account from our Service. We don't take this decision lightly, but it is sometimes required.
DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Service.
USER'S REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf.
You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
We welcome and encourage you to provide Feedback to the Services. You may submit Feedback by means of the contact form of the Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of CONNECTINGFRIENDS and you hereby irrevocably assign to CONNECTINGFRIENDS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
DISCLAIMER OF WARRANTIES
If you use our Service or User Content, you do so at your sole risk and you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. The Service and User Content is provided "as is", without any warranty, either express or implied. We expressly disclaim, and you waive, all warranties of any kind as to the Service or its User Content. No advice or information, obtained from CONNECTINGFRIENDS through any channel, will create any warranty not expressly made in these Terms.
We do not represent or warrant the performance or functionality of the Service, or of any of its Content, or the quality of any products, services, information or other material purchased or obtained through our Service.
You are solely responsible for all of your communications and interactions with other Users of the Service and with other persons with whom you may communicate or interact as a result of your use of the Service.
You understand that CONNECTINGFRIENDS does not make any attempt to verify the statements of Users of the Service, or to review or visit any accommodations.
CONNECTINGFRIENDS does not make any representations or warranties as to the conduct of Users of the Service.
You agree to take reasonable precautions in all communications and interactions with other Users of the Service and with other persons with whom you may communicate or interact as a result of your use of the Service. For this purpose, CONNECTINGFRIENDS offers the option of registering your Visits in the Service.
Other Users may distribute User information, although they are not allowed to do so. You will not hold CONNECTINGFRIENDS responsible for any of such violations, nor anything resulting from or related to any such violation.
LIMITS ON LIABILITY
In no event shall CONNECTINGFRIENDS, or our representers, Users, employees or agents be liable for any direct, indirect, or consequential damages or any other damages of any kind arising from or relating to (A) the use of our Service or the inability to use our Service; (B) the disclosure of, unauthorized access to, or alteration of your content; (C) your or anyone else's conduct or acts in connection with the use of our Service, including any damages resulting from communications or Visits with other Users, whether on-line of off-line; or any other matter arising from, relating to or connected with our Service or these Terms, even if we know of or have been advised of the possibility of such damages.
We shall not be liable for any failure or delay in performing under these Terms, whether or not such failure or delay is due to causes beyond our reasonable control.
In no event will our aggregate liability to you or any third party in any matter arising from or relating to our Service or these Terms exceed the sum of one hundred Euro's (€100).
In the event that you have a dispute with one or more Users, you release us (and anyone representing us or working for us) from any claim, demand and damage of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to release, defend, indemnify, and hold CONNECTINGFRIENDS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way relating to (a) your access to or use of the Services or User Content; (b) your violation of these Terms; (b) your User Content; (c) your interaction with any User.
Further, if you are using the Service on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and CONNECTINGFRIENDS for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
If you interact with anyone through our Service who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CONNECTINGFRIENDS by contacting us through the CONNECTINGFRIENDS contact form. Please note that although we encourage you to report misconduct, we are notIf you interact with anyone through our Service who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CONNECTINGFRIENDS by contacting us through the CONNECTINGFRIENDS contact form. Please note that although we encourage you to report misconduct, we are not responsible or liable for our users' actions, and we are not obligated to take any action.
If you consciously submit an unlawful complaint, you are liable for all damages resulting there from, including legal fees CONNECTINGFRIENDS or other involved parties are required to make in the handling of the complaint, relying on the correctness of that complaint. responsible or liable for our users' actions, and we are not obligated to take any action.
You and CONNECTINGFRIENDS agree that any Dispute will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and CONNECTINGFRIENDS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and CONNECTINGFRIENDS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
You and CONNECTINGFRIENDS agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Groningen, the Netherlands, and that arbitration will be conducted confidentially by a single arbitrator. You and CONNECTINGFRIENDS also agree that the court in Groningen, the Netherlands, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Whether the dispute is heard in abstraction or in court, you and CONNECTINGFRIENDS will not commence against the other a class action, class arbitration or other representative action or proceeding.
You may not assign or transfer these Terms, by operation of law or otherwise, without CONNECTINGFRIENDS's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CONNECTINGFRIENDS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CONNECTINGFRIENDS (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the Netherlands. Any dispute regarding these Terms or the Service will be handled by the authorized court in Groningen, the Netherlands, or by another court chosen by CONNECTINGFRIENDS.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Sections "Registration, eligibility & account", "Third party products", "User conduct", "User content license", "Copyright and limited license", "Ownership", "Third-Party Content", "Trademarks", "Hyperlinks", "User's representations and warranties", "Disclaimer of warranties", "Limits on liability", "Indemnity", "Disputes", "Assignment" and this section "Miscellaneous" shall survive any termination or expiration of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between CONNECTINGFRIENDS and you regarding the Service, User Content, and any Visit with other Users made via the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CONNECTINGFRIENDS and you regarding the Service or User Content.