ACCESS TO THE SERVICES. The bomberbot.com website, domain or sub-domain names and any other linked pages, features, content, or application services (including but not limited to any mobile application services) offered occasionally by SKBV in connection therewith (collectively, the “Website”) are owned and operated by SKBV. Subject to the terms and conditions of this Agreement, SKBV may offer to provide certain services, as described more comprehensively on the Website, and that was selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, but is not limited to, the use of the Website, any service SKBV performs for you and the Content (as defined below) offered by SKBV on the Website. SKBV may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. SKBV may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. SKBV reserves the right, at its sole discretion, to modify this Agreement at any time. You will be notified of such modifications. Consumers may, in case of material modifications to their disadvantage, terminate the Agreement within 14 days after such notification.
SKBV only collects personal information through the Services from a child under 13 where the school, stichting, and/or teacher of the pupil has agreed (via the terms described in the paragraph below) to obtain parental consent for that child to use the Services and disclose personal information to us or where the parent or legal guardian of a child signed the child up to use the Services. If you are a pupil or student under 13 years of age, please do not send any personal information about yourself to us if your school, stichting, and/or teacher has not obtained this prior consent from your parent or guardian or if your parent or guardian has not signed you up to use the Service, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her parent, guardian, school, stichting, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete the respective information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected].
If you are a school, stichting, or teacher, you may have SKBV products generate a Classroom ID for you to use with each limited access group you administer (an “Access Code”). For example, if you wish to establish a closed group among yourself, as a teacher, and your class, you would distribute the Access Code only to those members of your class that you wanted to view what was going on within that group. To those persons that are administered the Access Code by a group administrator will be a member of such “Limited Access Group.” Students will log into to the Services using accounts created by school administrators or teachers.
SERVICES CONTENT. The Services and its contents are intended solely for the personal, non-commercial use of Services by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to: text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the prior written consent of the respective owners, and (ii) without violating any rights held by a third party.
The Services are protected by copyright as a collective work and/or compilation, pursuant to Dutch copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than for personal and noncommercial use is expressly prohibited without prior written permission from SKBV or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, SKBV may revoke your right to so link at any time, at SKBV’s sole discretion. SKBV reserves the right to require prior written consent before linking to the Website.
For all User Submissions, you hereby grant SKBV a license to translate, modify (for technical purposes, for example making sure your content is viewable on your iPhone as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal SKBV account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant SKBV the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so.
If you share a User Submission only within a Limited Access Group, or otherwise in a manner that only certain specified users can view (each, a “Limited Access User Submission”), then you grant SKBV the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the purpose of displaying that Limited Access User Submission to other members of that Limited Access Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Limited Access Group (or such specified users, as applicable) a license to access that Limited Access User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a project in your Limited Access Group, you grant the other members of the Limited Access Group the rights necessary to view that project and to create derivative works by adding to and modifying it.
If you share a User Submission in a public “community” on the Services or in a manner that more than just you or your Limited Access Group can view (a “Public User Submission”), then you grant SKBV the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of displaying that Public User Submission to all SKBV users and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with SKBV and the Services, provided that SKBV will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a project in a public “community”, you grant the other members of the “community” the rights necessary to view that project and to create derivative works by adding to and modifying it.
Any user and SKBV may use, modify, reproduce, display, perform, distribute or create derivative works of a Public User Submission or a Limited Access User Submission (for which they have permission to access), provided that such user or SKBV must provide attribution to the original author(s).
You agree that the licenses you grant are perpetual, royalty-free, irrevocable, sublicense-able, transferable and international. Finally, you understand and agree that SKBV, in performing the required technical steps to provide the Services to you (our users), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that SKBV will not be liable for any errors or omissions in any content. You understand that SKBV cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, SKBV cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will SKBV be liable in any way for any Content, including, but not limited to, any errors or additions or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without SKBV’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including, but not limited to, any employee or representative of SKBV; or (vi) contains a virus, trojan, worm, time bomb, or other harmful computer code, file, or program. SKBV reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SKBV is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not SKBV, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to SKBV and to grant SKBV the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, accounts, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You understand and agree that, if you are in violation of any of the restrictions set forth in this Section, SKBV shall have sole discretion regarding the course of action to take in connection therewith.
WARRANTY DISCLAIMER. SKBV has no special relationship with or fiduciary duty to you. You acknowledge that SKBV has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SKBV from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing information that some individuals may find offensive or inappropriate. SKBV makes no representations concerning any content contained in or accessed through the Services, and SKBV will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. SKBV makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and Services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from SKBV or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTRIES OR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with SKBV and select a password and username (“SKBV User ID”). If you are accessing the Services through a third party site or service, SKBV may require that your SKBV User ID be the same as your user name for such third party site or service. You shall provide SKBV with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. In certain situations, your SKBV User ID may be created for you by your school or stichting; the same rules apply to them when they select a SKBV User ID for you. You may not (i) select or use a name of another person as a SKBV User ID with the intent to impersonate that person; or (ii) use as a SKBV User ID a name subject to any rights of a person other than you without appropriate authorization. SKBV reserves the right to refuse registration of or cancel a SKBV User ID at its sole discretion. You are responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to SKBV, and you are consenting to have the information in those accounts transmitted into your SKBV account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
INDEMNITY. You will indemnify and hold SKBV, its parents, subsidiaries, affiliates, officers, and employees harmless (including, but not limited to, indemnification from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SKBV OR ITS SUPPLIERS OR ITS PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF EUR 5.000 OR THE FEES PAID BY YOU TO SKBV HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SKBV’S REASONABLE CONTROL.
FEES AND PAYMENT. You shall pay all applicable fees, as described on the Website and/or your account settings in connection with the Services selected by you. You shall be responsible for all taxes associated with your use of such Services, including, but not limited to, any local or foreign taxes or any sales or use taxes. SKBV reserves the right to change its prices and to institute new charges at any time on all products and services, upon notice to you, which may be sent by email or through post(s) on the Websites. Your use of the Services following such notification constitutes your waiver to terminate this Agreement because of the new or increased charges. Any fees paid hereunder are non-refundable.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SKBV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SKBV is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release SKBV, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. SKBV may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. SKBV may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability, will remain into force after its termination.
MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided herein shall not be deemed a waiver of any further rights hereunder. SKBV shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SKBV’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicense-able by you except with SKBV’s prior written consent. SKBV may transfer, assign or delegate this Agreement and its rights and obligations, to which you hereby give your consent in advance. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SKBV in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. Except as expressly set forth below, you and SKBV agree there are no third party beneficiaries intended under this Agreement.
ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands without regard to the conflict of law provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in North Holland, the Netherlands. Application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, consumers may determine that the dispute is settled before the court which has jurisdiction according to the law, provided that this is made known to SKBV within one month after SKBV has invoked this provision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Dutch Courts located in North Holland, Netherlands, unless otherwise agreed in this Agreement.
CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at Rigakade 10, 1013 BC, Amsterdam, Netherlands or [email protected].
Effective: October 25th, 2017