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Terms of Use & Privacy Disclaimer:

 

What is happenex!?


happenex! is an information exchange site that allows users to publish their stories and attach geotagging to them. Users may post their content on the site without any intervention. The responsibility for the content and information posted lies only with the users in question. We as happenex! cannot check the correctness or completeness of information or the entitlement of the users to post the information.

For a proper functioning of happenex! some rules are required. The present Terms of Use and Privacy Disclaimer are applicable to the access to and use of the site in the widest sense of the word as well as on all offers of and agreements and legal relations with happenex!, unless other conditions are contractually agreed upon. Wherever in the present Terms of Use and in Privacy Disclaimer reference is made to happenex!, happenex.com or www.happenex.com, this will mean the private company with limited liability happenex! Holding B.V., registered at the Chamber of Commerce under no. 27158035, and the online community portal operated by it.

happenex!
Van der Oudermeulenlaan 1
2243 CR Wassenaar
The Netherlands

info@happenex.com

 

Services of happenex!


Happenex! is constantly innovating. You agree that the services of happenex! can change or cease (temporarily) without prior notice to you. You are at all times allowed to stop using the services of happenex!.

 

happenex! account


When creating a happenex! account you shall provide correct and complete information. You should immediately advise happenex! of any violation of the security or in case of an improper use of your happenex! account, of which you have become aware.
You declare to be an adult or acting with prior (parental) permission of those responsible for you and that you are the sole responsible person for all activities that take place on your account.

 

Do's and Dont's


The possibilities of happenex! seem unlimited. Yet there are some restrictions.
It goes for all users that they are not permitted to:

  • post false or misleading information
  • act in violation with the rights of others
  • infringe on the intellectual property rights of third parties
  • post messages that contain spam, chain letters or pyramid schemes
  • transmit any viruses
  • put an unreasonable burden on the infrastructure of happenex! or disrupt the proper functioning of happenex!
  • post, copy, process or spread any content or personal information of others without their express permission
  • post information that is in violation with the content policy laid down in these present Terms of Use and in Privacy Disclaimer

This list is not exhaustive. Other undesirable acts are not permitted, either. This in the discretion of happenex!. We as happenex! reservethe right to exclude users from using the website without prejudice to the right to take legal action if necessary.

The user explicitly agrees that happenex! is entitled to provide (personal) information to third parties, including the police/judicial authorities and third parties who allege that the user infringes on their rights, including intellectual property rights or acts unlawfully.

 

Intellectual property


The information contained on this website, such as text, pictures, photographs and illustrations, which have been subject of substantial investments, are protected. But for some legal exceptions nothing thereof may be multiplied (this also includes 'framing'), made available to third parties or made public without the prior written consent of happenex!.

Placing a hyperlink button to (any page on) this website is in principle allowed. We as happenex! reserve the right not to allow a hyperlink if according to happenex! the content, image or reputation of the guest website poorly reconciles with the name and reputation of happenex!, its services and products or the content of its website.

The trade marks (word marks and pictorial marks) on this website belong to happenex!, its licensors or third parties. It is not allowed to place one or more of these marks and logos on one’s own site or to use it in any other way without the prior written consent of happenex! or the licensor or third party in question.

Without the prior written consent of happenex! the content of happenex! may no be downloaded, copied, multiplied, spread, forwarded, shown, sold, given in licence or otherwise exploited, unless this forms part of a functionality explicitly offered by happenex! on its website. happenex! reserves all rights that have not explicitly been granted with respect to the information of happenex!.

By posting information on happenex! the user grants happenex! the perpetual, transferable and irrevocable right to use the information in the broadest sense of the word, including the right to sublicense the information to others.

 

Content policy


The users of happenex! agree that the information posted by users fits within this content policy. The goal of happenex!' is to provide as much information as possible. This is also achieved by the information that the users place on the website. However, happenex! asks its users not to abuse the website. It is not permitted to post or exhibit certain information on happenex!, for instance but not limitatively:

  • Respect intellectual property rights. Do only upload data made by yourself or in respect of which you have a user licence. In case of doubt you should refrain from using the data
  • We promote the freedom of speech and thus also each person’s right to express unpopular opinions. But we forbid any hate rhetoric aiming at attacking or humiliating an group of people on the basis of their race or ethnic origin, religion, physical or mental abilities, sex, age and/or sexual nature
  • Aggressive behaviour, stalking, threats, harassment, violation of someone’s privacy or disclosing personal information of others are absolutely unacceptable
  • Everyone dislikes spam. Do not make any misleading descriptions, labels, titles or icons to make sure that your information is viewed more often. It is not allowed to post large quantities of unaddressed, unwanted or repetitive content, including replies and private messages.

 

Reporting illegitimate content


Since users post information on the website of happenex!, holders of intellectual property rights (e.g. copyrights, trade marks) are requested to report information posted that may infringe on their right. Registered users of the website can report information as abuse by means of the “Report” button. They can file a request to have it removed. If the rightful representative of the interested party reports this in the proper manner, happenex! will investigate and if necessary remove the information concerned. Happenex! can ask the applicant to provide further substantiation, submitting documentary evidence and a signed statement. The report should be sent by e-mail to abuse@happenex.com.

Registered users of happenex! are entitled to report content as spam. This can lead to automatic removal.

The user guarantees happenex! that no rights of third parties oppose to placing content (like photographs, movies, text, images, data) on this website. The user shall safeguard happenex! against any action based on the allegation that such posting, using, processing, installing or incorporating infringes on any right of others. The user shall accept that happenex! shall never be liable towards the user for the removal of information from the website after a report of illegitimate content as referred to above, since happenex! cannot and will not assume any substantive liability for the assessment of such disputes.

Violation of the Terms of Use may lead to a warning or to termination of the account. If an account is terminated, it is not possible to open a new account.

 

Cookies


We use cookies on our website, which are stored by your browser on your computer. Cookies are used for instance to store information such as the settings of your PC and the preference indicated by you) in order to facilitate your future access to our website. This information does not contain any name or address details or any other personal data, such as credit card information that may have been provided. You can set your browser to reject cookies when visiting our website or remove them as described in your browser’s manual. It may be, however, that you cannot make use of all possibilities of our website or that you do not have access to some parts of our website.

 

Liability


happenex! is not liable for damage resulting from incorrect or incomplete information offered nor for damage following from problems caused by or inherent to the spreading of information through internet, such as failures or interruptions of or errors or delays in the delivery of information or services or otherwise in the electronic way. Furthermore happenex! will not be liable for possible damage suffered as a result of the use of data, supplied through this website. happenex! declines any and all responsibility and liability for the content of websites to which it refers by hyperlink or otherwise. The total amount of the compensation for the direct damage shall never exceed EUR 100.00 per incident. Any liability for indirect damage, consequential damage, loss of profit, economies missed, decrease in goodwill, damage caused by business interruptions, mutilation or loss of data is excluded. All of the above limitations of liability also apply in favour of the (legal) persons used by happenex!.

In case of a sponsor contract any liability of happenex! shall in all cases be limited to compensation of the direct damage to at most the amount (exclusive of VAT) contractually agreed upon. If the agreement is mainly a long-term contract with a term of more than one year, the contractual price shall be determined at the total of the payments (exclusive of VAT) during one year.

 

Solve disputes together


happenex! prefers an amicable solution of disputes. In case of a dispute happenex! will consider the usefulness and desirability of ICT Mediation in accordance with the ICT Mediation Rules of the Stichting Geschillenoplossing Automatisering (Foundation for the Settlement of Automation Disputes), having its official seat in The Hague, the Netherlands. ICT Mediation focuses on the assistance of one or more mediators. Participation of the parties to the mediation process is voluntary.

The foregoing does not alter the fact that the Judge in Rotterdam is declared competent to deal with all disputes between happenex! and the user. The legal relation between happenex! and the user is governed by the Dutch law. If any provision of the present Terms of Use and Privacy Disclaimer is declared void, the other provisions shall remain fully in force.

 

Privacy statement


If the users of this website provide personal data to happenex!, these will only be used by happenex! for the following purposes:

  • providing and invoicing our services and products
  • providing information on products and services of ourselves and of other companies, chosen on the basis of your personal preferences (if you do not want to receive this information, you may indicate so on your personal settings page or you can contact us)
  • providing data to third parties on the basis of statutory obligations
  • using search terms to allow specific advertising on the basis of these search terms

Finally, we shall save information (e.g. the IP-address used) in order to collect visitors’ statistics, also in view of the protection of our website.

 

Amendments


These Terms of Use and Privacy Disclaimer may be amended. Any amendments shall have immediate effect. Users shall regularly check the Terms of Use and Privacy Disclaimer for amendments. The amendments will be announced on this page.

 

Language


In case of any inconsistency between the Dutch version and the English translation, only the Dutch version shall be binding.

 

For any questions, remarks or complaints, you may contact happenex! at: info@happenex.com

or

happenex!
Postbus 210
2240AE Wassenaar
The Netherlands

Wassenaar, February 2010