The Company or Beeldstemmen or We: the company Beeldstemmen.
You or User: any regular or occasional user of the Beeldstemmen Service, as a Visitor of the Beeldstemmen Website or a Participant.
Website: all of the content and pages to which the User has access at the address beeldstemmen.nl
Beeldstemmen Service: all of the services, functionalities and applications accessible via the Website and provided by Beeldstemmen, in particular an online events management tool.
Client: entity (legal or natural person) who subscribed to the Beeldstemmen Service.
Participant: User who, particularly by participating in online events and responding to polls, sends and visualises their information with the Beeldstemmen solution.
Content: any content published or distributed on the Beeldstemmen Service by Beeldstemmen, Users or a third party. This includes text, words, information, images, videos, sounds, data or hypertext links.
Visitor: person visiting the Beeldstemmen Website, without necessarily having an Account.
These General Conditions of Use specify the conditions of use in which the User is/are authorised to use the Beeldstemmen Service and the Beeldstemmen Website.
These General Conditions of Use represent a binding agreement between You and Beeldstemmen. You accept these General Conditions of Use when You use the Beeldstemmen Service.
By using the Beeldstemmen service, you accept these general conditions; If you do not accept them, please do not use the Beeldstemmen website or the Beeldstemmen service.
Beeldstemmen reserves the right, at its sole discretion and at any time, to change, modify, supplement or delete parts of these General Conditions of Use.
If You continue to use the Beeldstemmen Website and/or the Beeldstemmen Service after being notified of the changes made, this indicates that You accept the previously mentioned changes. As long as You comply with these General Conditions, Beeldstemmen grants You a limited, nonexclusive and non-transferable personal right of access and use of the Beeldstemmen Website and/or, if applicable, the Beeldstemmen Service.
If Users violate these conditions, Beeldstemmen may terminate their access or suspend it for a time.
The Beeldstemmen Service is offered on the internet and to access it Users must have an internet connection. All telephone connection and internet access costs are at their expense. Beeldstemmen does not make any equipment resources available to the User for connection to the Website, particularly telephone installations, terminal equipment, software or subscriptions.
Beeldstemmen only grants the User a limited, non-exclusive and non-transferable licence to access and use the Beeldstemmen Service and its content. This licence is subject to compliance with the rules provided by these General Conditions of Use.
Beeldstemmen is free at any time to interrupt or suspend access to all or part of the Beeldstemmen Service, or Website, particularly for operational or maintenance reasons, and to modify, suspend, delete the Website and to terminate its publication on the internet, without users having any claim to compensation.
Beeldstemmen does not guarantee that operation of the Beeldstemmen Service is continuous or errorfree
Beeldstemmen cannot be held responsible for unavailability, interruption or malfunction of the Beeldstemmen Service, for whatever reason and, particularly, in the case of a fault in its internet access provider, its hosting service, the intrusion of a third party or force majeure.
Beeldstemmen cannot be held responsible for the inconveniences and harm that are an inherent risk associated with use of the internet, such as the presence of viruses or malware.
To use Beeldstemmen Services, You must be a natural person, aged eighteen (18) or having reached the age of majority in Your country of residence or having obtained the agreement of Your legal representative (parent or guardian) if You are a minor.
You only have a right of access to the Beeldstemmen Service through a strictly personal invitation which is sent to you.
A Participant can:
You are solely responsible for the security of your access to Beeldstemmen Services. Beeldstemmen cannot be held responsible for the harm your computer may suffer following the loss or sharing of your personal invitation.
Beeldstemmen cannot be held responsible in any way if your personal invitation is stolen.
You also acknowledge that you are presumed to be the User of your personal invitation and the person responsible for actions undertaken via your access to the Beeldstemmen Service.
You acknowledge that You, and not Beeldstemmen, are responsible for all electronic communications and Content sent by You and that You must use the Beeldstemmen Service in keeping with the applicable laws and regulations.
Access to the Beeldstemmen Service is given to the User for the duration provided for by their personal invitation.
You are not authorised to use devices, programs, algorithms or other automatic methods of the type known as "deep link", "crawlers", "robots" or "spiders", or any other similar manual process or their equivalents to access, acquire, copy or monitor any part of Beeldstemmen or the Content, nor to reproduce or bypass the navigational structure or the presentation of Beeldstemmen or the Content to obtain or try to obtain data, documents or information by means not intentionally made available to you by Beeldstemmen.
Beeldstemmen reserves the right to prohibit this type of activity. You must not try to illicitly access any Beeldstemmen Service function or section, not any other system or network connected to the Beeldstemmen Service or a Beeldstemmen server, nor the services offered by Beeldstemmen, by computer piracy, "sniffing" of passwords or any other unlawful means
You must not try to probe, analyse or test the vulnerability of the Beeldstemmen Service or any network connected to the Beeldstemmen Service, nor infringe the security and authentication measures that have been set up on the Website and on the Beeldstemmen Service or the networks connected to the Beeldstemmen Service. You are not authorised to reverse look-up, trace or attempt to trace information on other Beeldstemmen Service users or visitors, or other Beeldstemmen clients, particularly any Beeldstemmen account of which you are not the holder or source, nor exploit the Beeldstemmen Service or the services or information made available or offered on or via the Beeldstemmen Service, in any manner whatsoever, with the aim of revealing this information, particularly personal identifying information or information other than your own information, as it appears on the Beeldstemmen Service.
You undertake not to take any action that would impose an excessive or unreasonable burden on the Beeldstemmen Service infrastructure, the Website or the Beeldstemmen systems or networks, or any other system or network connected to Beeldstemmen Service or Beeldstemmen.
You undertake not to use any device, software or sub-program to interfere or try to interfere in the proper operation of the Beeldstemmen Service or any transaction conducted on the site and on the Beeldstemmen Service or the use of the Beeldstemmen Service by any other person.
You must not try to fake headers or manipulate IDs in any manner whatsoever to disguise the origins of a message or a broadcast sent to Beeldstemmen on or via the Beeldstemmen Service, or a service offered on or via the Beeldstemmen Service. You must not pretend to be or to represent another person, or pass Yourself off as another physical or legal entity
You must not use the Beeldstemmen Service or its Content in an unlawful goal or one that is prohibited by these General Conditions, nor with the aim of encouraging activity that is illegal or infringes the rights of Beeldstemmen or third parties.
You are reminded that only Users are responsible for the content they broadcast on the Internet, on the Beeldstemmen Service and in their dedicated space. Under no circumstances can Beeldstemmen be considered responsible for content created by the User. The User undertakes to ensure that their content does not infringe the rights of third parties, and in particular:
The content published by the user must not incite to hatred, violence, anorexia, the manufacture and use of explosives, suicide, racism, anti-Semitism, xenophobia, homophobia, or publicly defend war crimes or crimes against humanity;
The content published by the user must not under any circumstances have a paedophilic or pedo-pornographic character;
The content published by the user must not incite to commit a crime, an offence or an act of terrorism or encourage suicide;
The content published by the user must not incite to discriminate against a person or group of persons because they belong to an ethnic group, a religion, a race or due to their sexual orientation or disability.
In the context of its obligations to combat clearly illegal content, decreed by the law of 21 January 2004 on confidence in the digital economy, Beeldstemmen may retain Users’ connection data, particularly relating to content exchanged via internal messaging.
Prior to any publication, the User undertakes to take cognizance of any rules and limits concerning freedom of expression. Freedom of expression permits criticism, reporting information that is verified and proved; it does not permit denigration and defamation. Any denigration, defamation or allegation of information that is inaccurate or deliberately abridged to alter its meaning may result in legal action against the author
The content published by the user must not infringe or be contrary to public order, public decency or wound the sensibilities of children;
The content published by the user must not have a pornographic character;
The content published by the user must not harm the rights to reputation, to private life and image of third parties;
The content published by the user must not be denigratory or defamatory, in the strict sense of the law;
The content published by the user must not harm the image, the reputation of a brand or of any physical or legal person;
Freedom of expression permits criticism as long as it is objective, reasoned, and relates to real facts
The content published by the user must not threaten the security or integrity of a State or a territory, whatever it is;
The content published by the user must not allow third parties to obtain pirate software, software serial numbers or any software that can harm or threaten, in any way, the rights or the property of third parties;
The content published by the user must not harm the intellectual property rights of any natural or legal person whatsoever.
The User of an online event expressly accepts the recording, the use and the broadcasting of his or her image as part of recording an online event.
Any dispute related to the use which may be made of the intellectual property rights or image rights of a User to broadcast an online event shall be the sole responsibility of the event organiser. Beeldstemmen shall in no case be responsible for any infringement of image or intellectual property rights by one of its Users.
All of the text, graphics, user interfaces, photographs, commercial brands, logos, sounds, music, illustrations and IT code (collectively designated by the term "Intellectual Content"), particularly the design, structure, selection, coordination, expression, appearance and userfriendliness, the presentation and layout of the Intellectual content, appearing on the Website and on the Beeldstemmen Service is held, controlled or transferred under licence by or to Beeldstemmen, and is protected by all the applicable legislation related to intellectual property and unfair competition.
Unless there is an express indication to the contrary in these General Conditions, no section of the Beeldstemmen Service, the Website or any intellectual Content may be copied, reproduced, modified, republished, uploaded, published, exhibited in public, encoded, translated, transmitted or broadcast in any manner whatsoever (including by "mirroring") on another computer, server, website or publishing or broadcast medium, or for any commercial enterprise whatever, without prior written agreement from Beeldstemmen.
You can use the information about Beeldstemmen products and services intentionally made available by Beeldstemmen for downloading, on the condition that (1) you do not delete the copyright notices on the copies of these documents, (2) you use this information for your personal use for non-commercial purposes and you do not copy and do not publish the information on a network computer and do not broadcast it in any medium whatsoever, (3) you do not make changes to this information and (4) you do not offer any commitment or guarantee about the content of these documents.
It is recalled that any content produced by the User during an online event remains the property of the Client and t
Beeldstemmen will do everything possible to ensure correct operation of the Service and to provide the Service to you 24/7.
Nonetheless Beeldstemmen only has an obligation of means regarding access to and use of the Service. Beeldstemmen cannot guarantee that the functions offered by the Service will always be available or free of typographical, technical or other errors, that faults will be corrected or that the Services or servers that host it will be free from viruses or bugs.
The Service may be interrupted temporarily by Beeldstemmen for reasons of maintenance, test, repair or anything else associated with the improvement and operation of the Service, without creating liability.
Moreover, Beeldstemmen cannot be considered responsible for the content of Websites or personal pages of the User (sites, personal blogs of the user which are accessed externally or internally to Beeldstemmen). The User accepts and recognises that he or she is solely responsible for the information, text, image, videos, data, files and programs contained in their personal space or on their personal page.
The User shall not hold Beeldstemmen liable for any loss, complaint, dispute, compensation or expense, including the costs of justice and defence, claimed by a third party or another user due to their personal space or personal page.
Beeldstemmen is held to an obligation of means within the framework of these General Conditions of Use and cannot under any circumstances be held responsible for any loss, harm or indirect damages of any kind whatsoever as a result of the management, use, operation or interruption or failure of the service.
Beeldstemmen cannot be considered responsible for the content of external Websites, or for the functionality of access to these Websites. Beeldstemmen does not approve and is not responsible for the content, ideas, opinions, products or services sold on these external Websites.
The User acknowledges that he or she is solely responsible for hypertext links and internet addresses that he or she includes on their Website or personal page and guarantees Beeldstemmen, its subsidiaries, directors, agents and employees against any dispute or claim regarding these links.
Beeldstemmen does not provide a guarantee against and cannot be considered responsible for the loss or alteration of files or data that the User transfers to their personal space on the Beeldstemmen Service
The User agrees to transfer his or her data and files knowingly and under their sole responsibility. It is the User's responsibility to perform any backup measures that seems necessary to him or her.
Beeldstemmen collects and processes some of the User's personal data (the "Data"), under the conditions provided for by the Data Protection Policy. The Data Protection Policy and its contents are an integral part of these Conditions of Use.
Beeldstemmen assures the User that his or her Data will be collected and processed in compliance with the provisions of the modified law no. 78-17 of 6 January 1978 on Information Technology, Data Files and Liberties (the "IT and Liberties Law") and Regulation (EU° no. 2016/679 of the European Parliament and Council dated 27 April 2016 (the "Regulation").
The User is invited to consult the Data Protection Policy, where a more detailed account of the conditions of collection and processing of the User's Data can be found.
Due to the provisions of the IT and Liberties Law and of the Regulation, Users have a right to access, to rectification and to erasure of their Data, to restriction of processing or to object to this processing, a right to set instructions for preserving, erasing and communicating their Data after their death and the right to the portability of their Data.
The User exercises his or her rights:
The User may exercise his or her access, rectification and deletion rights directly via their personal area, in accordance with the Data Protection Policy
Beeldstemmen undertakes to guarantee the existence of adequate protection levels in keeping with the applicable legal and regulatory requirements.
Beeldstemmen will notify the CNIL and/or the person concerned of any possible Data infringements covered by the Regulations.
If one or more provisions of these General Conditions is violated, or of the contract of subscription as a Client, or any other document written by Beeldstemmen, Beeldstemmen reserves the right to terminate or limit without any prior warning and at its sole discretion, your use and access to the Beeldstemmen Service, your account and all other Beeldstemmen services.
Beeldstemmen reserves the right to alter the General Conditions of Use at any time
Each change will take effect from the time it is put online on the Website and on the Beeldstemmen Service. Beeldstemmen undertakes to inform Users in advance by email or by a display on the Website and on the Beeldstemmen Service. The User will have to accept the modification of the General Conditions in order to use the Beeldstemmen Service.
Beeldstemmen is free to add and to delete Beeldstemmen services and/or to alter their characteristics and conditions of use. It will inform Users about this in advance by email or by a display on the Website and on the Beeldstemmen Service.
Within the context of using the Beeldstemmen Service or by its intermediation, the User may be led to make use of or access content provided by third parties. Beeldstemmen rejects any responsibility with regard to the said services and content, with which it is not involved, the third-party provider of the service or content being solely responsible in relation to the User.
Under no circumstances can Beeldstemmen be held responsible for any damage that has occurred in the context of exchanges performed outside the Beeldstemmen Service, even between Users.
Notwithstanding the country in which the User uses the Services, these General Conditions of Use are exclusively governed by Dutch law.
Given the global nature of the Internet, Users are reminded that they must also comply with the rules applicable in the territory in which they are using the Website or using the Beeldstemmen Services.
Users are therefore reminded that they must check the legality in advance of their actions on the Website and the Beeldstemmen Services with respect to the laws and regulations in force in the territory in which they are performing these actions and operations. In the event of a dispute or claim from the User, from Beeldstemmen or a third party, concerning use of the Service, only the version of these General Conditions of Use accessible on the Website and on the Beeldstemmen Service will have binding force between the parties, whatever the date of the disputed facts.
Beeldstemmen and the User must perform their obligations in utmost good faith. In the event of disputes related to the interpretation, validity and consequences of these General Conditions, the User is invited to contact assistance at the following address:support@beeldstemmen.nl