Last updated February 25, 2016
Thank you for using our services (“Services”). These services are provided by Part-up B.V. (“Part-up”), located at Anna van Hannoverlaan 46, 2291 ZG, Wateringen, The Netherlands.
You shall not:
Part-Up reserves the sole right to shut down the Website, remove Content or any part thereof for any reason at any time without notice or consent. Part-Up will have no responsibility or liability for failure to store or delete any user Content posted to the Website barring legal prescriptions.
You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall treat the account information, access and identification codes as confidential and with due care.
Part-Up provides as part of the Services the ability to communicate with other users of the Part-Up services, such as Uppers or Part-Up initiators. By using the Service You agree not to:
Part-Up provides an assessment system on the online platform via which users can express their opinion about other Uppers with whom they have participated in a Part-Up. Users are required to issue a truthful assessment, expressed in a balanced and objective manner. Part-Up has the right, but is not obliged, to delete assessment entries.
Part-Up alone, and its licensors where applicable, shall own all right, title and interest, including all related intellectual and/or industrial property rights and all other proprietary rights, in and to all Services of Part-up (including all its algorithms, user interfaces, know-how, techniques, designs, (textual) Content, and other tangible or intangible technical material or information) and any Feedback.
Part-up may use Your logos and reference Your name and the nature of the Services provided hereunder in Part-Up marketing efforts, including on the Part-Up Website.
Content posted on the Website by Uppers will be treated as non-confidential and non-proprietary, and immediately become the property of Part-Up. Part-Up may use such user Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such user Content.
You are solely responsible for your conduct (including by and between all users), the Content of Your data, and all communications with others while using our Services.
By providing Part-Up Your email address You consent to our using the email address to send You Service-related notices, including any notices required by law, changes to features of the Service and special offers.
Part-Up’s implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the purpose of delivery of the Service, respond to Service or technical problems, on Your request, or to provide Professional Services. Part-Up shall be entitled to change the account, access- and identification codes assigned.
Please consider carefully what You share or make public.
Part-Up may offer a portion or specific editions of the Service free of charge. It is at the sole discretion of Part-Up to specify the conditions for free use and Part-Up reserves the right to modify these conditions of free use unilaterally at any time.
If You dispute any charges You must let Part-Up know within sixty (60) days after the date that Part-Up invoices You. All amounts paid are non-refundable and Part-Up reserves the right to change the prices unilaterally at any time in the future.
Part-Up shall implement commercially reasonable technical and organizational measures to secure availability, confidentiality and integrity with respect to the Services, the Customer Data and personal information. However, unless explicitly otherwise agreed in writing between parties, the Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Services are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services. Part-Up and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. Part-Up and its licensors do not represent or warrant that;
All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third Party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Part-Up (and/or its licensors). The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Part-Up is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Part-Up shall not be responsible for any Customer Data other than it is obliged by applicable law. You, not Part-Up, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Part-Up shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Part-Up reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Service.
Although care has been taken to ensure the accuracy of the information on the Website, Part-Up assumes no responsibility therefor.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, PART-UP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify and hold harmless Part-up, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including professional/attorneys’ fees, and litigation costs) arising out of or in connection with:
Part-up may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in Part-up’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Part-up’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Part-up (such notice shall be deemed given when received by Part-up) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Part-up at the following address: Part-up BV, Anna van Hannoverlaan 46, 2291 ZG, Wateringen, The Netherlands, in either case, addressed to the attention of: Part-up Founders.
Part-Up may not be available force majeure. Insofar as not already included, force majeure includes instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of Part-up or force majeure on the part of suppliers of Part-up.
All agreed prices and rates may be increased on 1 January each year in accordance with the most recently published price index published by Statistics Netherlands (CBS) for collectively bargained wages in the business services sector. These price increases give You no right to cancel the Agreement. Part-Up reserves the right to increase the agreed prices and rates once a year over and above the annual price index-linking subject to notification of You at least four weeks in advance. All delivery times, cost estimates and budgets issued by the Part-Up shall be merely indicative, unless explicitly otherwise agreed in writing between the Parties.
An Agreement concluded for a fixed term shall be tacitly renewed on expiry of the contractual term by one year, unless a Party has terminated the Agreement by giving written notice two months prior to expiry of the initial contractual term or renewal period.
An Agreement concluded for an open-ended term may be terminated by either Party, subject to prior consultation, through written notice that states the reasons for termination. Termination will take place on the first day of the month following the written notice and cannot take place until after expiry of the minimum term if one has been agreed. If You cancel a Service prior to expiry of the contractual term (minimum or otherwise), Part-up shall be entitled to the remaining charges that would have been owed if the Agreement had not been cancelled in the interim.
Part-up shall be entitled to terminate any Agreement and/or the providing of Services in part or in full, with immediate effect, in writing, without notice of default if:
Part-Up shall under no circumstances be obliged to reimburse any sums of money that have already been received or to pay any compensation in the event of such termination. You agree that Part-Up may terminate the providing of any free Services at any time, for any reason and without prior notice. You agree that Part-Up shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service. The following Sections shall survive the termination and/or expiration of this Agreement: Sections 3 (Your Intellectual Property Rights); 4 (Part-Up ’s Intellectual Property Rights); 7 (Representations & Warranties); 8 (Limitation of Liability); 9 (Indemnification); and 16 (Final Provisions).
Part-Up reserves the right to discontinue or make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Part-Up reserves the right to terminate, restrict or refuse access of any person to the Content or part thereof effective immediately without notice at any time and for any reason whatsoever in its sole discretion.
“Agreement”, “Contract”: the arrangements agreed in a form or a document or in some other way, under which Part-up will deliver the Services or any other products or services defined therein.
“Content”: the audio and visual information, documents, software, products, services, proprietary tools, source code samples, generic templates and reusable components, app store content, libraries, know-how, techniques and expertise, contained or made available to You in the course of using the Service.
“Customer Data”: any data, information or material, including posts, comments, documents, project information, models, applications, templates, code, widgets, themes, application data, user information and account information, provided, submitted, created, saved, added, uploaded or made available by You to the Service in the course of using or accessing the Service, except Services (or parts thereof) and Feedback.
“Customer Deliverables”: means deliverables that are provided by Part-Up as part of Professional Services that: (i) constitute Customer Data, or a modification, translation, abridgment or adaptation of Customer Data, or (ii) are expressly identified as being owned by You in the applicable Order Form or SOW, The term “Customer Deliverable(s)” does not include Content.
“Feedback”: any suggestions, ideas, enhancement (requests), recommendations or other feedback provided by You or any other party relating to the Services.
“Part-Up”, “Us”, “Our”, “We”: “Part-Up B.V.” (a corporation under the law of the Netherlands) and/or any affiliated or subsidiary company.
“Party”, “Parties”: You or Part-Up individually (‘Party’) or together (‘Parties’).
“Service”, “Services”: means all products, services of Part-up, including but not limited to websites, Apps, Content (as defined above), applications, other software, platform as a service, documentation and manuals, except Customer Data.
“You”, “User(s)”: anyone who entered into an Agreement with Part-Up or uses or accesses a Service of Part-Up, including Your employees, representatives, consultants, contractors or agents who are authorized to use or access the Service of Part-up or have been supplied user identifications and passwords by You (or by Part-Up at Your request), even if no charge is due or registration is needed.
Spaarneplein 2, 2515 VK Den Haag
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