Last update: May 20th, 2019 Version: 1.1
2. Provision of personal information
3. Local law
eBuddy makes no guarantee that the Service is appropriate to use in locations outside the Netherlands. You are solely responsible for whether your use of eBuddy Services complies with your local law. The laws of the Netherlands apply to all use of the Service as well the agreement between you and eBuddy Any and all disputes which may arise out of and/or are in connection with this agreement or the use of the Service or visiting eBuddy shall be submitted to the competent Court of Amsterdam, the Netherlands unless another competent court has been prescribed by mandatory (international) legal rules.
4. Acceptable use policy
You agree that you solely use eBuddy Services for lawful purposes. You acknowledge and agree that eBuddy merely offers you the technical possibility to publish, share or transmit content and information. eBuddy has no knowledge of these communications and/or content and therefore accepts no responsibility or liability for any communications and/or content published, shared and/or transmitted by means of the Service. You acknowledge and agree that you remain solely responsible and liable for the communications and content that you share or transmit using the eBuddy Services and that you hold all (intellectual property) rights in the content and/or communications shared, published or transmitted by means of the Services or that you have obtained the permission from the third party that holds the (intellectual property) rights. You may not use the Service to do any of the following:
- send any unsolicited mass mailings (e.g., “spam” or “spim”);
- collect or store personal information from other users other than the information collected during the normal course of using the Service. (e.g. “phishing”);
- threaten or harass any person or entity;
- infringe on any other user’s and/or third party’s (intellectual property) rights;
- expose any person to material that is obscene, unlawful, defamatory, libelous, hateful, racially or ethically offensive, harmful to minors, illegal or encourages criminal behaviors;
- impersonate another person or entity;
- send any material containing Trojan horses, viruses, worms or other harmful or destructive items;
- commence or encourage any activity that breaches the law, public morality or public order.
Furthermore, you may not do any of the following:
- hack or gain unauthorized access to any eBuddy server, network or hardware of eBuddy or any other person or entity
- use the Service in any way that could overload, damage, disable, disrupt or harm the Service or any eBuddy server, or the network(s) associated to any eBuddy server or interfere with any other user’s use of the Service;
- adapt, modify or reverse engineer any of our systems or protocols;
- launch or use any automated system, including but not limited to “spiders”, “robots”, “load testers” etc. that sends more messages to the eBuddy servers in a certain time frame than a person can reasonably produce in the same amount of time using the eBuddy Services;
- register user accounts using any automated process; or
- reformat, resell, or redistribute the Service in any way without the explicit consent of eBuddy in writing.
5. Third parties
You acknowledge that the availability of the Service can be dependent on third party app stores such as the Apple App store, Blackberry Appworld or the Android market. You agree that your license to use eBuddy relies upon your compliance with all applicable third party licenses. Furthermore, you agree to pay all license fees (if any) charged by the respective app store.
6. Limitation of Liability
- all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
- all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this paragraph.
The total compensation to you for any direct damages as meant in this paragraph shall in no event exceed EUR 1.000,--. To the maximum extent permitted by applicable law, in no event shall eBuddy be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Services), even if eBuddy has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to eBuddy’s willful intent or gross negligence. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
7. Disclaimer of Warranty
The eBuddy Services are provided “as-is”. You agree that the use of the eBuddy Services is at your sole risk to the maximum extent permitted by law. eBuddy disclaims all warranties, whether statutory, express or implied with respect to the eBuddy Services including but not limited to the performance, fitness for use, merchantability, title, non-infringement, quiet enjoyment or accuracy of the Service. eBuddy does not warrant that the eBuddy Services will meet your requirements, will be available on a timely, uninterrupted secure or error-free basis or that the Service will operate without message or packet loss. Furthermore, eBuddy does not warrant any connection (mobile or fixed) to the internet nor does eBuddy warrant the reliability, quality or accuracy of the Service. eBuddy is entitled to put the Services (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you if in eBuddy’s opinion this is necessary for instance in connection with the reasonably required maintenance of the Service. eBuddy is entitled without any prior notification, to apply procedural and technical changes and/or improvements to the Service.
9. Termination of access to the eBuddy Services
11. Copyright and trademarks