Terms and Conditions
5 November 2020
This User Agreement constitutes a legal agreement (“Agreement”) between you (in this document also includes “you” or “your”) and Buro-one and Buro-one. (which in this document also includes “Buro-one”, “we”, “us” or “our”). Your use of and access to our services, software, websites and/or applications (collectively “Services”) are governed by these Terms of Service (“Terms”). The Services allow you to upload, publish, edit, create any text, information or materials, such as audio and video files, electronic documents or images, data, information, files or other content, including third party content used by you (collectively, “Content”).
1. Your agreement with buro-one
- Minors or people below 16 years old are not allowed to use the Services.
- Please read the Terms carefully. By using the Services you agree and accept these Terms.
- To the use of personal data and cookies in relation to the Services our Privacy & Cookie Statement applies.
- These Terms supersede any and all prior terms and agreements between you and Buro-one. We may make changes to our terms, service and/or fees from time to time.
- If you have an account and don’t like something we change, you can always cancel at any time.
- Buro-one does not claim any ownership of your Content you create or upload to our Services and you are solely responsible for it.
2. Sites.studio
3. Your Subscription
3.1
You can stop using the Services at any time. If you terminate your account, you remain responsible for any overdue charges.
3.2
The subscription period will be automatically renewed for the selected subscription period, unless you have cancelled your subscription before the last day of your subscription.
3.3
In case of cancellation you will continue to have access to the Services until the end of your paid subscription period and your websites will be accessible.
3.4
Cancellation does not give you the right to reimbursement of the subscription fee or a part of it, unless local mandatory law obliges to do so.
3.5
Termination by us. If we terminate the Terms or your use of the Service (s) or Software for reasons other than legal grounds, we will make reasonable efforts to notify you at least 30 days prior to termination at the email address you provide to us. You will then be given instructions on how to retrieve your Content. Please note that upon termination you may lose access to your Content. Unless otherwise provided in any Additional Terms, we may terminate or suspend your right to use and access the Services or Software at any time if:
- you fail to comply with the provisions of the Terms (or conduct yourself in such a way that you clearly do not intend or are unable to comply with the Terms);
- you fail to make timely payment of any charges for the Services; we are required to do so by law (for example, in the event that the offer of the Services or Software to you is or will be in violation of the law);
- you physically, verbally or otherwise abuse, threaten, harass or harass us or our staff (in such circumstances we may also suspend or restrict your access to the Services);
- we choose to discontinue, the Services or Software;
- your free account has been inactive for a long period of time.
3.6
In case of cancellation you will continue to have access to the Services until the end of your paid subscription period and your websites will be accessible.
3.7
Upon cancellation or if a payment is not successfully settled, your websites will be taken offline 2 weeks after the cancellation. The data can be stored on out servers for 2 months. If you don’t want your data to be stored on our servers you can always delete your websites, files and content manually. After cancellation you can reactivate your subscription at any time in your account settings by making a payment. Your subscription will then be renewed as from the day of reactivation.
3.8
We can set technical limits for file size, storage space and processing capacity. At the end of your license term, we will make reasonable business efforts to allow you to get your Content from the Services. The transition must be completed within 30 days of the date of termination or expiration of your license term. At the end of the 30-day transition period, we reserve the right to remove your Content. Before your license ends, you must download any Content that you have stored in the Services.
4. Restrictions
4.1
You must not misuse the Services. For example you are specifically restricted from all of the following:
- Using the Services in any way that is or may be damaging to the Services;
- using the Services in any way that impacts user access to the Services;
- Using the Services contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services;
- Copy, modify, host, stream, sublicense or resell the Services
- Share or publish Content or otherwise participate in activities that violate anyone's Intellectual Property Rights. “Intellectual Property Rights” includes copyrights, moral rights, trademarks, patents, trade secrets, unfair competition, privacy law and other proprietary rights;
- Publish factually inaccurate, false, misleading, misrepresenting or deceptive Content or Content you don’t hold the rights to;
- Upload any Content that is unlawful, harmful, threatening, offensive, violent, unlawful, defamatory, libellous, vulgar, lewd, blasphemous, invades the privacy of others, is hateful, or is otherwise offensive;
- Impersonate another person or legal entity, or falsely claim that you represent a person or legal entity or otherwise misrepresent your relationship with any person or legal entity;
- Attempt to disable, damage or destroy the Services;
- Act in violation of applicable law;
4.2
Certain areas of the Services are restricted from being access by you and Buro-one may further restrict access by you to any areas of the Services, at any time, in absolute discretion. Any username and password you may have for the Services are confidential and you must maintain confidentiality as well.
3.6
In case of cancellation you will continue to have access to the Services until the end of your paid subscription period and your websites will be accessible.
3.7
Upon cancellation or if a payment is not successfully settled, your websites will be taken offline 2 weeks after the cancellation. The data can be stored on out servers for 2 months. If you don’t want your data to be stored on our servers you can always delete your websites, files and content manually. After cancellation you can reactivate your subscription at any time in your account settings by making a payment. Your subscription will then be renewed as from the day of reactivation.
5. Your Content
5.1
Buro-one does not claim any ownership of your Content you create or upload to our Services and you are solely responsible for it.
5.2
Buro-one is not liable to any third party or to you for any damages arising out of or in relation to Your Content including but not limited to, copyright protected works and/or trademarks.
5.3
By uploading your Content, you grant Buro-one a non-exclusive, worldwide irrevocable, sub licensable license for the sole purpose of operating, the Services until you delete Your Content. By using the Services you agree and acknowledge that, you grant us an unlimited permission to host, store, analyse, create previews and reproduce, publish, publicly display, distribute and edit Your Content for the purpose of operating the Services
5.4
If you publish your Content on our servers for public sharing through our Services, we will not be liable for:
- loss, damage to, or damage to your Content;
- the removal of Content by anyone other than Buro-one;
- Third party posting your Content on other websites or other media.
5.5
We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
6. Your Privacy
Please read our Privacy Policy.
6.1
Your Content must be your own and must not be invading any third-party’s rights. Buro-one reserves the right to remove any of Your Content from the Services at any time without notice.
6.2
You may not upload Content that is prohibited under any applicable law. We reserve the right to remove Content or restrict access to Content or Services if any Content you have in violation of these Terms. We do not review all content uploaded to the Services , but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other forms of objectionable content or behaviour that indicate spam or phishing, or keywords that indicate illegal content.
7. Warranties
7.1
The Services are provided "as is," with all faults, and Buro-one express no representations or warranties, of any kind related to the Services or the materials contained on the Services. Also, nothing contained on the Services shall be interpreted as advising you.
7.2
We disclaim any liability for any actions arising from your use of the Services. You may access and use the Services at your own discretion and risk and you are solely responsible for damage to your computer system or loss of data as a result of using and accessing the Services.
8. Limitation of liability
8.1
In no event shall Buro-one, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of the Services whether such liability is under contract. Buro-one, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Services.
8.2
Buro-one is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account.
9. Updates and availability
9.1
Availability. Web pages describing the Services are accessible worldwide, but this does not mean that all Services or features of services are available in your country or that user-generated content available through the Services is legal or available in your country. In some countries, access to certain Services may be blocked by us or by foreign governments. It is your responsibility to ensure that your use of the Services is legal or available where you use them. The Services are not available in all languages.
9.2
We may modify, update, or discontinue the Services at any time without incurring any obligation to you or anyone else. However, for changes to paid offers, we will make reasonable efforts to notify you of changes, updates, or discontinuation. If we discontinue the Services or Software in their entirety, we will make reasonable business efforts to transfer your Content, and we may reimburse you for any prepaid and unused fees for that Services
10. Indemnification
10.1
You hereby indemnify to the fullest extent Buro-one from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
11. Severability
11.1
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
12. Variation of Terms
12.1
Buro-one is permitted to revise these Terms at any time as it sees fit, and by using this Services you are expected to review these Terms on a regular basis.
13. Assignment
13.1
The Buro-one is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13.2
If any (part of a) provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions of the Terms will remain in full force and effect.
14. Entire Agreement
14.1
These Terms constitute the entire agreement between Buro-one and you in relation to your use of the Services, and supersede all prior agreements and understandings.
15. Governing Law & Jurisdiction
15.1
These Terms will be governed by and interpreted in accordance with the laws of the Netherlands, and you submit to the non-exclusive jurisdiction of the courts located in The Netherlands for the resolution of any disputes.
16. Contact
16.1
You can contact us at [email protected] in English or Dutch
16.2
We may notify you by email, post, messages within the Services, or other legally recognized means. It is your responsibility to keep your account information current to receive notifications.