terms
Terms And Conditions of Usage
Table of Contents
Article 1: Terms and Definitions
Article 2: Registration
Article 3: The Agreement
Article 4: Obligations of OpenMinders.com
Article 5: User Obligations
Article 6: Usage of the Internal Message System
Article 7: Intellectual Property Rights
Article 8: Liability of OpenMinders.com
Article 9: Compensation and Payments
Article 10: Duration and Termination of the Agreement
Article 11: Final Statements
Article 1 Terms &
Definitions
1.1. In this document the following terms
will be used unless stated differently.
| Service Provider |
RCSE Automation V.O.F., also acting under the
name OpenMinders.com, in this document to be referred to as OpenMinders.com. |
| User |
anyone who uses the online service provided by OpenMinders.com. |
| Member |
the user of the Service provided by the
Service Provider, being the legal entity with who a Contract will be
conducted for the Service. This includes anyone who has registered with
the Service and actually uses the
Service. |
| Contract |
Contract between the Member and the Service Provider
describing the boundary of usage. |
| Service |
the Service provided by OpenMinders.com, access is
provided via the
World Wide Web to the online web application providing a dating service
for people over 18 according to the compliance of the Rules &
Regulations as stated by OpenMinders.com |
| Agreement |
The Agreement is this document to which the User must
agree during the Registration process. It is expected that the User has
fully read and understands the content of this document. |
| Internal Messaging System |
Internal Messaging System to be used by Members with
Membership.
With the Internal Messaging System a Member will be able to send and
read personalized messages. |
| Internet |
a worldwide whole of linked computer networks, host
computers,
databases and telecommunication supplies concerning the infrastructure |
| Ip-Address |
unique code identifying a computer on the Internet and
the Service at the time of usage of the Service. |
| Behavior Rules |
behavior rules set by OpenMinders.com to which the
User must adhere. These behavior rules can be found via the homepage of OpenMinders.com. |
| Registration |
The process of acquiring an Account by filling in the
required fields through the online forms |
| Account |
An Account will be created after the Registration
process has been
completed. The Account will become active after Activation by the User
and Acceptance by OpenMinders.com |
| Activation |
The User must
activate his/her Account to become a Member. Activation is required
before the Service can be used. To activate the Account the User must
follow the link in the email that has been sent to the supplied email
address of the User during the Registration Process |
| Acceptance |
OpenMinders.com will screen and accept the Account
after Activation
when all required fields are completed and in accordance to the
Behavior Rules. |
| Login Name |
The Login name is a name chosen by
the Member during the Registration Process and identifies the Member
uniquely on the site. The Login Name is strictly personal and under no
circumstances may be shared with other entities. |
| Nickname |
The
Member will be identifiable on the site by its Nickname. The Nickname
can be
chosen by the Member during the Registration process and is unique
within the Service and restricted by behavior rules. |
| Membership |
A Membership is a specific form of an Agreement
between the Member
and OpenMinders.com. A Membership will provide additional functionality
to parts of the Service as indicated by its definition. |
| Registered Member |
A Registered
Member is a Member without a Membership. By default every Member will
become a
Registered Member after Acceptance of the Account. The
Registered Member will have restricted access to the Service for a
unlimited time. |
| Plus
Member |
A Plus Member is a Member with a Membership that and can send a fixed number of personalised messages
within a certain period. |
| Full Member |
A Full Member is a Member with a Membership and has
unrestricted access to all functionality of the Service for a limited
time. |
| Action |
An Action is a special form Membership that is
only valid for a limited period and will be indicated on the main web
page. The Action is valid only for the period that OpenMinders.com
deems necessary. |
| Profile |
A collection of categorized characteristics
that will describe the Member |
| Search
Profile |
The Search Profile is a Profile where the Member can
specify characteristics which will be used in the matching process. |
Article 2 - Registration
2.1 To be able use the Service the user
must subscribe to the Service and create an Account. An Account can be
created via the online registration server of OpenMinders.com
(
www.OpenMinders.com) by filling in all the required fields.
2.2 As part of the Registration process
the User must complete the following pages Login Details and Profile
details. All fields on these pages are mandatory and have to be
completed before Registration can continue.
2.3 The Login Name is a by the user provided
name which will not be disclosed by the Service in any way. The Login
Name is personal and any Member is prohibited to share the Login Name
with any other Member and any person external.
2.4 The Nickname must be specified by the
User during the Registration process. The Nickname is bound to
behavior rules which can be found on the web site. Every new submitted
Nickname will be screened and will not be visible for other members
until approved. Approval of the Nickname is part of the Acceptance
process by OpenMinders.com.
2.5 The email Address the User provides
during the Registration has to be valid. OpenMinders.com only communicates
with its Members via email, using the email address as specified during
the Registration process. The Member must have
unrestricted access to the provided mail account. OpenMinders.com is entitled to
remove any Member, regardless the Membership status of the Member when Member is using an improper or invalid email
address. OpenMinders.com accepts all email address including GMail and
Hotmail accounts.
2.6 OpenMinders.com is entitled to check
the validity of email addresses at any time and reserves the right to
block and restrict access to the Service for those Accounts that have
supplied invalid email addresses.
2.7 The Member is free to change his or
her email address at any time. During the change the Account will be temporarily
decommissioned until the newly supplied email
address has been confirmed and the Account has been re-activated. Confirming of the new email address can be
done by clicking on the link in the email that was sent to this email
address after the change. All members will be set to the Registered
Membership status until the email address has been confirmed.
2.8 The Member must supply a Password
that together with the Login Name provides access to the Service. The
Password must at least contain 6 characters and must not contain any
single, double quotes and spaces. The Member is strongly suggested not
to use a Password that is being used somewhere else for online
services.
2.9 An email with an activation code and
link will be sent upon completion of the Registration Process. To
activate the created Account the Member must click on the link in the
email. All Accounts that are not activated within 3 days will be sent a
reminder email. The Account will be deleted after six days if the
Account has not been activated.
2.10 The Terms & Conditions
stated in this document are applicable to the Service and all other
Services provided by OpenMinders.com. Any deviation to these Terms & Conditions will
only be valid if they have been consulted with and approved by OpenMinders.com. The relevance of conditions of the
user is explicitly rejected by OpenMinders.com.
2.11 These Terms & Conditions
have been deposited at the chamber of commerce in Rotterdam under
number 24403881.
Article 3 - The Agreement
3.1 The completion of the Agreement is a
fact after Registration and Activation by the User.
3.2 Through Activation of the Account the
User will become a Member of the Service and hereby declares to have
read and understood these Terms & Conditions and was at least
18 years of age at the time of registering.
3.3 Registering and activating the
Account is free of costs.
3.4 After Acceptance of the Account by OpenMinders.com the user will become a Registered Member.
Article 4 - Obligations and Rights of OpenMinders.com
4.1 OpenMinders.com will do everything in
its ability to ensure the highest availability of the service as
possible. OpenMinders.com grants the Member the right of using the
Service within the restrictions as indicated by OpenMinders.com.
These restrictions can be found on the homepage of the website or
within these Terms &
Conditions.
4.2 OpenMinders.com can not guarantee
that the Service will be available at all times. Circumstances which
can prevent the provision of the Service are: disruptions in the
connection with Internet, disruptions in the network or the
telecommunication provider and any drop of electricity and disruptions
in the Service itself.
4.3 Every disruption of the Service
concerning the direct infrastructure to which the Server equipment is
related, managed and maintained by OpenMinders.com will be dealt with
in a swift manner to minimize the disruption. OpenMinders.com is not
liable for any costs evolving from injudicious usage of the Service or
where the Member is to blame for the improper usage of the Service or
act in a manner that conflicts with these Terms &
Conditions.
4.4 OpenMinders.com is entitled and
authorized to make modifications or introduce improvements to the
Service and/or OpenMinders.com-systems without preceding disclosure to
the Members.
4.5 OpenMinders.com has been developed
with great care but cannot guarantee that the service under every
web browser will function
optimally. On the homepage of OpenMinders.com it will be announced with
which (sub)systems the service functions optimally.
4.6 OpenMinders.com is entitled to
(temporarily) take the Service offline or restrict access to its
Members for as long as OpenMinders.com deems necessary for maintenance
of the systems without preceding disclosure on the OpenMinders.com
website. OpenMinders.com will do everything in its capacity to shorten
the maintenance period.
4.7 OpenMinders.com is not liable for any
damage that the Member might experience as a result of the content of
this document.
4.8 OpenMinders.com is entitled to screen
all profiles, internal personal messages, photos and videos and take
the appropriate action, which could imply denial of access for a
limited period or indefinitely irrespective of the Membership of the
Member, when improper use of the Service has been detected or if the
Service is used for other then its original purpose, without informing
the Member in advance.
4.9 OpenMinders.com is entitled to
(temporarily) restrict access, de-activate or delete the Account if
OpenMinders.com suspects that the Profile of Member is not
accurate. OpenMinders.com
will communicate such an action via email but cannot be held
responsible if the email does not have been received, delivered and or
have been read
in time.
4.10 OpenMinders.com is entitled to store
the ip-Address of the Member and use this ip-Address for analytical and statistical purposes and fraud and abuse detection.
4.11 If OpenMinders.com detects that another
person than the Member is using the Account of Member then OpenMinders.com is entitled to take the necessary actions, including
terminating the Account immediately independently of the Membership.
4.12 OpenMinders.com has the right to
take the service (temporarily) offline and/or restricts its use and
access if Member does not comply to any of the rules and obligations as
mentioned in this Terms & Conditions and other behavior rules
as published on the web site. OpenMinders.com will try to notify Member
in a timely manner unless that cannot be expected of OpenMinders.com.
All payment obligations that exist during the Service outage and or restriction will
remain unchanged. Access restrictions can be restored after all Terms
& Conditions and all behavior rules have been met by
Member.
4.13 OpenMinders.com is entitled to change
the Password of Member at any time when OpenMinders.com deems this
necessary for a proper functioning of the Service.
4.14 OpenMinders.com is not required to
provide an explanation to Member concerning all photos, videos and
personal messages that have been disapproved by OpenMinders.com.
4.15 OpenMinders.com is entitled to change, adapt and amend the behavior rules without prior notice at any time.
Article 5 - Obligations, responsibilities and Rights of Member
5.1 Each Member must himself ensure to
get all the necessary software, terminal equipment and connections to
be able to use and connect to the Service.
5.2 Member must choose its own Login
Name, Nickname and Password. The Login Name and Nickname must be
different. The Login Name in combination with the Password provides
access to the Service and is strictly personal. It is prohibited to
share the Login Name/Password details to any other person or entity.
5.3 It is the responsibility of the
Member to ensure that the Nickname does not contain any terms or signs
that are unlawful or can lead to complaints. By accepting the Agreement
the Member declares to protect OpenMinders.com from any class actions by
third parties.
5.4 Member is responsible for safe
keeping its Password. It is therefore the Members responsibility to
change the Password as soon as possible when fraud has been detected
and immediately inform OpenMinders.com via
helpdesk@OpenMinders.com.
5.5 Member is responsible for all actions
of usage of the Service.
5.6 It is the Members responsibility to
choose a Password that Member is not using anywhere else for online
services other than for the Service. Member declares by accepting
Agreement that it will not start any legal actions against OpenMinders.com if the Password of Member has been compromised.
5.7 Member is obligated to log off,
every time he wants to finish the use of the Service, in a manner such
as described by OpenMinders.com, which is through the log off button in
the menu. Any cost as a result of an injudicious log off comes entirely
at the expense of the Member.
5.8 Member declares that he or she will behave
in every respect and in accordance of what is to be expected
from a responsible and careful Internet user. The Member is allowed to
use the Service observing all appropriate legal and behavior rules as
stated by OpenMinders.com and local governments. The behavior rules can
be found via the homepage of OpenMinders.com and are an inextricable
component of these Terms & Conditions. If the Member acts in
conflict with what is stated in this Article then OpenMinders.com has
the right to immediately conclude the Agreement with the Member.
OpenMinders.com doesn't owe Member any explanation for its decision.
5.9 Member is prohibited to use any
software or services that could harm or interfere with the functioning
of the Service.
5.10 Member is prohibited to transfer
or share any details from Account or other details from Agreement to
third parties unless OpenMinders.com has granted written permission to
Member.
5.11 Member declares to protect OpenMinders.com from any legal actions from third parties as a result
of damage caused by the (improper) use of Service and/or Internet in
general.
5.12 All damages to OpenMinders.com or
third parties as a result of improper use and/or not following and
obeying the rules & conditions as stated in this document and on the web site will
be claimed on the expense of Member.
5.13 Member is expected to keep its
Profile accurate and up to date. Member is responsible for everything
that is published on the website and the interaction with other Members.
5.14 Submitting personal information is
voluntary. All provided information is stored in the Profile and will
only be used for the searching and matching process.
5.15 Member is strictly forbidden to
publish any photos and/or video that will harm the Service in any way
or would bring negative publicity to the Service.
5.16 Member is expected to read all the behavior rules for placing photos, video
and personal messages. The behavior rules can be found through the
homepage of OpenMinders.com. The behavior rules
are indicative only.
5.17 Member declares that: All
information from the Profiles and messages to which Member has access
will never be used for any activities other than the Service itself.
This includes but is not limited to the following: transferring and
sharing the data with third parties, sending unsolicited mail or emails.
5.18 Member is prohibited to use Service
for advertising purposes in any shape or form which includes but not
limited to: products, political statements or any other means that can
affect the Service and the experience of other Members.
5.19 Member is obligated to inform OpenMinders.com immediately of any violation as indicated in the Terms
& Conditions and the behavior rules.
Article 6 - Internal Messaging System
6.1 OpenMinders.com provides an Internal
Messaging system which is only available to Members with a Membership.
6.2 Member can communicate with other
Members using this Internal Messaging System. With respect to the use
of the Internal Messaging System OpenMinders.com has conducted behavior
rules which can be found on the website and to which Member must albeit.
6.3 Member conducts himself to a decent
use of the Internal Messaging System.
6.4 Member can inform OpenMinders.com of
any indecent use which includes but not limited to the use of cursing,
foul language and/or offensive language. OpenMinders.com will
investigate such allegations and will take any action it deems
necessary to protect other Members of this behavior and to prevent this
from happening again. This could imply immediate termination of
Account
of the offending Member without notice.
6.5 Member declares that the Internal
Messaging System will only be used in good manners and will not use
the Internal Messaging to provoke or offend other Members.
Article 7 - Intellectual Property Rights
7.1 Member obtains the exclusive
non-transferable right to use the user documentation, for the duration
of this Agreement.
7.2 Member is strictly prohibited to
share, modify, copy and or distribute the user documentation.
7.3 Member is allowed to create one copy
of the user documentation as a matter of backup as long as all
characters will be left unchanged.
7.4 OpenMinders.com cannot be held
responsible for breaches of intellectual property rights of third
parties caused by Member. Member protects OpenMinders.com for breaches
of intellectual property rights of third parties which were caused by
Member.
Article 8 - Liability of OpenMinders.com
8.1 Any damage to which
by Members judgement is caused by negligence of OpenMinders.com needs to be reported as soon as possible, although not
later than 30 days after the incident, unless Member can prove that Member was not capable of reporting the
incident within 30 days. All damage that is reported outside this 30
day period will not be eligible for any compensation.
8.2 OpenMinders.com explicitly rejects
all claims of Member in which Member has been damaged as a result of
the use of Service and/or the internet in general. Member protects
OpenMinders.com against all legal actions of third parties which, in
the unlikely event, have been caused as a result of the use of Service
or the internet in general by Member.
Article 9 - Compensation and Payments
9.1 Member is free to start a Membership
with OpenMinders.com at any time.
9.2 Membership is valid for a certain
period and will commence as soon as the fee has been received.
9.3 Membership duration and fees will be announced and be available through
the website.
9.4 OpenMinders.com is entitled to make
any changes to the Membership fees, terms and conditions at any time.
Any changes will only concern new Memberships and will not affect
Members with an existing Membership.
9.5 All payments for Membership are
outsourced to PayPal. PayPal is a company that makes online secure
payments easy and possible and is highly respected and one of the
largest Online Payment Providers at this time. More information
concerning Secure Online Payments and PayPal can be found via the
homepage of PayPal (
www.paypal.com).
9.6 A Membership can not be extend during a Membership period.
Article 10 - Duration and Termination of the Account
10.1 Accounts are
valid indefinitely or until the Member decides to
terminate the Account.
10.2 Accounts can be terminated at any
time which automatically terminates the Agreement.
10.3 Termination of the Account takes
place via the menu after Member has logged on to Service. Terminating
the Account will remove all data associated to Member from the system.
10.4 Termination of Account will happen
irrespectively of the Membership and is irreversible.
10.5 No refund is available for any early
terminated Accounts.
10.6 OpenMinders.com is entitled to
immediately terminate an Account if it is not plausible that Member has
followed or behaved in a manner that is expected.
Article 11 - Final Statements
11.1 This agreement is subject to Dutch
legislation.
11.2 All disputes between parties which
result from this Agreement will be presented to a competent Dutch judge
in Rotterdam.
11.3 Any judicial pronouncements which
render part of these Articles invalid will not affect any of the other
Articles.
11.4 In case of explanation of the
contents, misinterpretations and scope of these Terms and Conditions,
the Dutch version of this document will always be conclusive.