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HYVES TERMS OF USE

These are the Hyves Terms of Use - Hyves being a member of Startphone Ltd, Chamber of Commerce, nr. 34204568, and having its registered office in Amsterdam, VAT number 813157250B01 – which are applicable to the service of Hyves, described as Hyves.

We recommend you to read these Terms of Use with due care so that you are aware of your rights and obligations when you make use of Hyves. By using Hyves in any way whatsoever, you accept to being bound to these Terms of Use. This also means that you guarantee that someone who is using Hyves on your computer will also comply with these Terms of Use. Hyves is entitled to amend these Terms of Use at any time without notifying the users of this. The most current Terms of Use can be viewed on the Hyves.nl website, the Hyves.net or the Hyves domains with other extensions. If you continue the use of Hyves after one or more amendments to the Terms of Use, this will imply that you accept this (these) amendment(s) irrevocably. It is therefore sensible to view these Terms of Use regularly.

1. Hyves service
Hyves regulates the communication between users mutually or between users and the Hyves service but not as to its content. Therefore Hyves has no or at most very little control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Hyves is not liable for the acts or omissions of other users including the files, data and/or materials they make available on the Hyves website. Therefore Hyves does not give warranties with regard to the contents of files, data and/or materials provided by users.

3. Account/profile
3.1 In order to be able to use Hyves, you apply for your own account in the manner described on the Hyves website. Hyves may at its own discretion decide whether or not to supply you with an account.
3.2 You guarantee to Hyves that the information provided by you to Hyves, is complete, truthful and accurate including your personal details such as your name and e-mail address. You agree that we save your details and use them in connection with the management of your account.
3.3 You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Hyves by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use.
3.4 You can terminate your account at any required time according to the procedure as described in the help section.
3.5 Profiles are for persons or bands only. For companies hyves (groups) can be created. Profiles of companies will be deleted.

4. License to users
Under the conditions set out in these Terms of Use, Hyves grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available by means of Hyves in the manner and in the format that these files are made available on the Hyves website, Hyves.nl, Hyves.net or the Hyves domains with other extensions. Downloading files, data and/or materials or exercising any other rights to them than those mentioned above is explicitly not allowed.

5. Intellectual property rights
5.1 You acknowledge and agree that Hyves includes files which are owned by Hyves and/or its users and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademarks and patents.
5.2 Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of Hyves is limited to what has been described in these Terms of Use. You will not perform any acts which infringe on the intellectual property rights. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet 1912).
5.2 It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.

6. Uploading files/license
6.1 Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via Hyves.
You acknowledge and agree that by making files, data and/or materials available to Hyves (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to Hyves: (a) a free, unencumbered, worldwide, non-exclusive license to (i) use, reproduce, disseminate and publicise the files, data and/or materials in connection with the Hyves service and (ii) to use and reproduce (and to allow third parties to use and reproduce) the files, data and or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the Hyves service; (b) the right to remove, intentionally or unintentionally, and for any reason whatsoever and also without any reason being given, from the Hyves servers and from the Hyves service any files, data and/or materials made available by you, without Hyves becoming liable to you or a third party in any way whatsoever.
6.2 The license meant in clause 6.1 expires at the moment you remove the respective files, data and/or materials from the Hyves website.
6.3 You acknowledge and agree that the files, data and/or materials you have made available to Hyves, will be used by other users of Hyves. Hyves does not accept any liability for the compliance by the users of Hyves with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Hyves, are used in a manner which is contrary to or is not provided for in these Terms of Use. Hyves is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party.
6.4 You guarantee to Hyves that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 6.1 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify Hyves and all its affiliated companies and persons and also the users of Hyves against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in these Terms of Use. All the costs incurred and damage suffered by Hyves in any way in connection with these claims will be reimbursed by you.
6.5 By making files, data and/or materials available to Hyves, you guarantee that (a) you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to Hyves the rights as meant in these Terms of Use; (b) any file, data and/or material uploaded or made available by you is original and does not include sampled material unless you have obtained a license to use such sampled material; (c) you are the original composer of all the music and text included in the file, data and/or material or that you have been granted a license with regard to this music and the text of the original composer(s) and/or owner(s) of the copyrights of the original musical works from who this music and/or text has been derived; (d) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Hyves, and that no consent or license is necessary or required from you or any third party; (e) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available; (f) Hyves will not be obliged to make any payment of any nature whatsoever to whomsoever, reclaim moderatorship, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including the collective copyright organisations; (g) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective copyright organisation, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.

7. Classifieds
Classifieds that promote external websites are not allowed in addition to the other conditions mentioned in these terms. The same classified may not be posted in more than one category, or various times in the same category. If a classified deleted by Hyves was being promoted by a paid premium banner, the premium banner is also removed, without restitution of the paid amount.

8. Access and content
8.1 You will only use Hyves for purposes which do not contravene the law. In addition, it is not allowed (i) to perform any act which at our discretion (might) monopolise(s) our infrastructure in an unreasonable or disproportional manner; (ii) to copy, reproduce or change files, data and/or materials which are available via Hyves or to create derivative works from it or disseminate it without our prior written explicit consent and/or of the appointed third party, as appropriate; (iii) to hinder or attempt to hinder the proper operation of Hyves; (iv) to collect data about users of Hyves; or (v) to use data about users of Hyves with the aim of sending spam or to facilitate the sending of spam; (vi) to use Hyves for commercial purposes without the prior written consent of Hyves.
8.2 The activities you carry out in connection with Hyves shall not (i) be based on falsehoods or be misleading, (ii) infringe the rights of third parties, including copyrights, neighbouring rights, trademarks or any other intellectual property rights or rights with regard to privacy protection; (iii) contravene any laws, regulations, decrees or other applicable rules; (iv) contain viruses, Trojan Horses, worms, bots or other software which might damage delete or appropriate a computerised work or make data unfit for use or accessible.
8.3 You guarantee to Hyves that you are authorised to use Hyves and to act in accordance with these Terms of Use. In addition, you guarantee to Hyves that you will fulfil the obligations under these Terms of Use at all times and that you will observe all legislation and regulations which apply to the use of Hyves.
8.4 In addition to clause 7.2 please find below a non-exhaustive listing of content which you are not allowed under any circumstances to make available via Hyves (these being at the sole discretion of Hyves):
- Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
- which incites to violence against and/or harassment of another or others and/or;
- which leads to or is the result of exploitation or taking advantage of others and/or; - which is contrary to good morals or good taste, is violent or includes a link to pornographic material or websites, or containts pornographic or erotic material as judged by Hyves and/or;
- whereby personal details of minors are asked for and/or; - in which personal details are made available and/or;
- whereby the performance of illegal activities is encouraged or committed and/or;
- whereby the intellectual property rights of others are infringed upon and/or;
- whereby chain letters, junk mail or spamming are involved and/or;
- whereby passwords or other information leading back to persons are asked for, for commercial or illegal purposes and/or;
- whereby commercial activities are involved without the prior written consent of Hyves, such as adverts, lotteries, competitions, or pyramid games and/or;
- in which a photograph or likeness of another person is included without his/her consent.
8.5 Hyves is entitled to take the service (temporarily) out of service without prior notification or to restrict the use of the service or to terminate the service with regard to Hyves without having to state the reasons to do so and without this resulting in any right towards Hyves for damages, Goldmemberships won't be restituted.
8.6 Hyves does not guarantee that the Hyves service is accessible at all times and without interruptions or breakdown.

9. Notice of infringement of intellectual property rights
Hyves will examine the notice of infringement of intellectual property rights and if possible take measures against it. If you are of the opinion that your work on the Hyves website has been used or copied in a manner that infringes the intellectual property rights, we ask you to inform us of this via an e-mail to Nine@hyves.nl. This notice should (i) be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner; (ii) include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is;(iii) include a description where the material that in your view forms an infringement can be found on the Hyves website; (iv) include contact details where Hyves can contact you, such as your name, address, telephone number and e-mail address; (v) include a statement that in your view intellectual property rights have been infringed upon; (vi) include a statement supported by documentary evidence that the information in your notice is accurate and complete and, on pain of committing perjury, that you are the owner of the respective intellectual property rights.

10. Discontinuation of services
In addition to the other (legal) remedies at Hyves’ disposal, we are entitled to restrict your activities in connection with Hyves, to discontinue and/or remove your account temporarily or permanently, remove files, data and/or materials, notify users of your activities, send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that: you act contrary to these Terms of Use; we are not able to verify or identify any data provided by you to us; we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Hyves. Hyves will not have any liability whatsoever in this respect.

11. Links
It is possible that our website includes links to other websites. Hyves is not responsible for the content and manner of operation of these websites and will therefore not accept any liability for these websites. So the use of these websites is your own responsibility.

12. Privacy
We will not provide your personal details to third parties without your consent and we will use these details in accordance with our Privacy Statement.

13. Liability
Hyves will never be liable for any direct or indirect damage resulting from or in connection with the use of our website or the impossibility of using it and/or any associated services of Hyves.

14. Miscellaneous provisions
14.1 These Terms of Use include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing. 14.2 If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect. 14.3 These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.

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