1. Acceptance of Terms
1.2. You are only permitted to access and use the Services if you are older than 13 years. If you are between 13 and 18 years of age, please read these T&C together with your legal guardian(s), who must give permission for such access/use.
2. Use of Service2.1. You are responsible for any User Generated Content that you exchange, provide or upload, whether or not you connect to our Services directly or through a third party. You should always be aware of and pay cautious attention to the context and environment in which you exchange, provide or upload content. You will refrain from:
- posting or displaying content that is offensive, degrading, indecent, libelous, obscene, pornographic or otherwise objectionable to others or that violates the privacy, intellectual property or other rights of third parties or is in violation of legislation or regulation, including international treaties – in particular content containing material that is protected by intellectual property rights, without the written consent of the owner of such rights, other than excerpts permitted legally;
- impersonating any person or entity, or forge or manipulate headers to disguise the origin of content; -
- jeopardizing yourself or any third party in any way by using the Services;
- engaging in any activity that, directly or indirectly, interferes with or disrupts the Services;
- harvesting or otherwise collecting data about others, including email addresses, without their consent;
- interact with other users of the Services in contravention of these T&C or in an unlawful manner. You must take all necessary measures to protect your devices from viruses, worms and other harmful content.
2.2. You understand that we are not responsible for any User Generated Content, All User Generated Content which you may decide to exchange, provide or upload, will not be reviewed in advance by us – but we reserve the right to take down any User Generated Content if we deem this to be unlawful or in breach of these T&C and other applicable T&C. We ask that you flag or inform us in accordance with our Notice-and-takedown Procedure, if you become aware of (potentially) unlawful or infringing content exchanged, provided or uploaded by others. You indemnify us from and hold us harmless against any and all claims from third parties that the User Generated Content is in contravention of any (international) laws, regulations or is otherwise considered unlawful or harmful.
2.3. Third Party Content or parts thereof may be protected by intellectual property rights. You may not modify, sell or distribute the Third Party Content in any way.
2.4. You will not modify, copy, or create derivative works based on the Services. You will refrain from (re-)selling, trading, renting, licensing, loaning or distributing the Services.
2.5. The Services may contain links to other websites/sources. We do not control these, we are not responsible for any information contained therein and we disclaim any responsibility for these websites/sources.
2.6. You accept that you may be exposed to Third Party Content that is offensive, indecent or otherwise objectionable. Third Party Content may also contain material that violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Third Party Content and we cannot review or verify whether the Third Party Content is accurate, useful or harmless. Should you come across Third Party Content which violates any applicable law or regulation (including intellectual property, privacy laws and regulations), please follow the Notice-and-take-down Procedure as well.
2.8. You are responsible for protecting the security of any content, including User Generated Content that is stored on the (mobile) device used to get access to the Services.
2.9. We may permanently or temporarily suspend provisioning of the Services or parts thereof, at our sole discretion, without prior notice to you.
3. Costs, Fees and Payment
3.1. You accept that you are solely responsible for all costs involved in the use of the Services, such as communication costs related to the use of (mobile) devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.
3.2. All payments for paid content are carried out by third party payment providers. You accept that we are not responsible for these third party payment providers and their operation or availability.
4. Intellectual Property Rights
4.1. Rubberplant Studios or its licensor owns all right, title and interest, including but not limited to intellectual property rights, in and to the Services (which include applications, features, software, databases), and unless agreed otherwise, you may not reverse engineer, decompile or otherwise (attempt to) extract the source code of the software which Rubberplant or its licensor provides you – unless this is explicitly permitted.
4.2. Unless we have agreed this, or specific guidelines permit this, you are not allowed to use the Rubberplant Studios logo or any other trademark, service mark, graphic and logo used by Rubberplant Studios or its licensor in connection with the Services.
4.3. You retain any and all rights you already hold in content you post or display.
5. Liability and Warrantees5.1. Rubberplant Studios provides the Services with reasonable care and skill. You understand and accept that the Services are provided "as is" and "as available". Rubberplant Studios disclaims all warranties of any kind, whether express or implied, and including warranties:
- of merchantability, fitness for a particular purpose and non-infringement; and warranties that
- the Services are error free or that access thereto is uninterrupted; and
- the content or other information obtained through the Services is correct and reliable.
5.2. You agree that neither Rubberplant Studios, its affiliated companies, suppliers nor its licensor are liable to you for any form of damages or loss which may be in incurred by you in relation to your use of the Services. Unless and to the extent that damages are the direct result of willful intent or gross negligence of Rubberplant Studios, Rubberplant Studios accepts no liability for any direct, indirect and consequential damages and loss of business and data, whether based on contract, unlawful act (including negligence), or otherwise arising from or relating to the Services, even if Rubberplant Studios or its affiliated companies, suppliers or licensor have been informed or should have known of the possibility of such damages. In any event, the maximum aggregate liability of Rubberplant Studios, its affiliated companies, suppliers or licensor for any and all damages arising from the Services shall be a refund of the amount paid by you to Rubberplant Studios, if any.5.3. You represent and warrant that:
- your use of the Services is in strict compliance with Rubberplant Studios‘s instructions and all applicable laws and regulations (including any local laws or regulations in your country, state regarding online conduct and acceptable content and the transmission of technical data); and
- your use of the Services will not infringe or misappropriate the intellectual property rights of any third party. You indemnify Rubberplant Studios from and hold Rubberplant Studios harmless against any and all claims, including reasonable attorneys' fees, resulting from you using the Services, and creating any content.
6.1. You may always terminate the use of the Services, but, unfortunately, it is impossible for you to de-install the Services in case it has been pre-installed by the manufacturer of your device.6.2. Rubberplant Studios is entitled to terminate the agreement with you, wholly or in part, if:
- you breach any provision of these T&C;
- Rubberplant Studios is obliged to do so by law or through an order of any competent authority; or
- Rubberplant Studios decides to permanently suspend the Services.
6.3. You understand and accept that upon termination of the agreement you will have to stop using the Services immediately and remove any content you have been using from your devices.
6.4. All provisions that are intended to survive the termination, by nature or because such has expressly been provided for in these T&C or any agreement with you, shall survive such termination. These provisions include, but are not limited to, provisions regarding intellectual property, warranty exclusions, indemnity and limitations of liability and applicable law.