These General Terms and Conditions apply to all Accounts, agreements, subscriptions and (legal) acts between the GSA User Community and the Member and to any use of the Website by the Member.
The Policies contain answers to frequently asked questions, general house rules and specific rules for the use of (certain parts of) the Website. The Policies are binding and fully applicable to the visit and use of the Website by the Member.
In the event of conflict, the provisions of these General Terms and Conditions shall prevail over provisions of the Policies.
The GSA User Community may unilaterally change these Terms and Conditions. The Member is advised to check the Terms and Conditions regularly for changes via the regular channels on the Website. If the Member continues to use the Website after the General Terms and Conditions have been amended, he will be deemed to irrevocably accept the amended General Terms and Conditions.
The prospective Member can request an Account by completing the online registration form and sending it to the GSA User Community.
The Account is established after the GSA User Community has sent a password and an activation code to the e-mail address provided by the prospective Member with which the prospective Member can activate his Account.
The GSA User Community reserves the right to refuse a request for an Account or to cancel the Account after registration, for example if there is a Sanction.
The Login Details are strictly personal and may not be made available to third parties. The Member is responsible for the use made of his Login Details.
The Member will immediately notify the GSA User Community if he suspects that his Login Details are known to a third party or that irregularities occur in any other way.
A Member is not permitted to request or manage more than one (1) Account. Furthermore, a Member is not allowed to request or manage an Account (again) after the GSA User Community has refused the request of a (prospective) Member for an Account or has canceled an Account of the Member after registration.
The Member must refrain from unauthorized use of the Website and will act and behave in accordance with what is generally expected from a careful Member.
In particular, the Member shall:
- Adhere to the "netiquette" rules (found at http://www.ietf.org/rfc/rfc1855.txt).
- Adhere to the regulations and guidelines contained in the Policies.
- Not perform acts or post Content that is contrary to laws or regulations, good morals or public order.
- Comply with all regulations and instructions displayed on the Website or addressed to him, including instructions from the Crew.
- Not infringe or otherwise violate the intellectual property rights of the GSA User Community or third parties.
- Not distribute spam or other unwanted messages to other Members or visitors to the Website via, for example, instant messaging (such as Skype, ICQ, Yahoo, etc.), direct messaging (the messaging system in the Website of the GSA User Community) and e-mail.
- Not change, delete or render unusable Content from the GSA User Community or other Members.
- Not spread Malware.
- Not use robots, spiders, website search applications or other means for searching or indexing (parts of) the Website and Members' Content.
- Not circumvent or remove the security of the GSA User Community.
The Member is responsible for all Content that is placed on the Website via his Account. The GSA User Community advises the Member not to post personal information on the Website such as address details, telephone numbers or financial information.
The Member acknowledges that the GSA User Community is not obliged to actively manage, edit, check or monitor any Member Content. The GSA User Community does not guarantee the quality, accuracy or legality of the Content of Members.
If the GSA User Community or the Crew determines that certain Content of Members does not comply with these Terms and Conditions, the GSA User Community may investigate this and where necessary modify or remove Content at its sole discretion. The GSA User Community or the Crew may also change Content to ensure the readability or general quality of the Website. The GSA User Community and the Crew are not liable or responsible for whether they perform the activities mentioned in this paragraph or not.
The Member may (at the sole discretion of the GSA User Community) not post Content on the Website:
- That is (sexually) intimidating, abusive, discriminatory or pornographic in nature or that is otherwise to be considered controversial by general standards.
- In which pyramid schemes or chain letters are promoted.
- That violates the privacy or privacy of other Members or visitors to the Website.
- Including a photo or image of another person without his permission.
- In which illegal software is offered or requested.
- In which hardware or consumer electronics are offered or requested that have been obtained through or in connection with a criminal offense.
- That is aimed at recruiting staff.
- For advertising or marketing purposes.
If the Member believes that another Member or a visitor to the Website is acting in violation of this Article 4, he may inform the GSA User Community.
If, in the opinion of the GSA User Community, the Member fails in whole or in part in compliance with the provisions of Article 4.6 sub viii, the GSA User Community reserves the right to impose a sanction of on the Member.
The Crew can impose a Sanction on the Member if he acts contrary to these Terms and Conditions. The Member is entitled to mediation as further described in the applicable Policy. However, the GSA User Community may unilaterally decide not to apply the right to mediation, for example if the Member appears to act in the exercise of a profession or business or has other commercial intentions. More information about the sanction guidelines and the mediation and objection options is included in the Policies.
Without prejudice to any other right of the GSA User Community under the law or these General Terms and Conditions, if the Member acts contrary to Articles 4 to 7 of these General Terms and Conditions or with the Policies, the GSA User Community is entitled to with immediate effect and without notice of default:
- Adapt or remove Content posted by the Member.
- Deny the Member access to the Website (temporary or not); and
- Cancel the Member's Account.
The GSA User Community and the Crew are not obliged to reimburse the costs or damage of the Member in connection with an imposed Sanction.
The GSA User Community will endeavor to make the Website available to the Member. The GSA User Community does not guarantee that the Website will always be fully available, without interruption.
The GSA User Community reserves the right to:
- Block the Website without prior notice or put it out of service for maintenance, modification or improvement thereof.
- Adapt, expand, delete or otherwise change parts of the Website without prior notice.
The GSA User Community does not guarantee that the Website is free of errors, defects or Malware or that the Website is current, complete or accurate.
The GSA User Community is not responsible for the acts or omissions of other Members. The Content of Members or other third parties only reflects the personal opinion of the Members or third parties concerned and the GSA User Community is not responsible for the content thereof.
While respecting the provisions of these General Terms and Conditions, the Member in principle retains the copyright and other intellectual property rights to the Content placed by him.
All intellectual property rights, including but not limited to copyright and database rights, on the Website and the Content posted by the GSA User Community rest exclusively with the GSA User Community or its licensors.
The Member may consult the Content included on the Website and make copies thereof solely for personal use, for example by printing or saving. Any other use of the Website or the Content, for example reproducing, distributing or otherwise making public (part of) the Website is not permitted without the express written permission of the GSA User Community and / or the Member concerned.
By posting Content on the Website: - The Member irrevocably grants permission to the GSA User Community to publish, modify and share this Content via the Website or other online or print media of Spatial Eye. - The Member grants permission to other Members and visitors to the Website to consult this Content and make copies thereof for their own use. - The Member grants permission to the GSA User Community to publish his portrait, insofar as this occurs in this Content. - The Member guarantees that he is authorized to grant previous permissions and that he may have obtained permissions from third parties for the publication of this information. The Member indemnifies the GSA User Community, the Crew and the other third parties working for it against all damage and costs with regard to claims from third parties that the use or exploitation of the Content posted by the Member infringes on the (intellectual) property rights of third parties or is otherwise unlawful towards third parties.
The Member guarantees that he acts in full compliance with all applicable laws and regulations in the field of the protection of personal data and unsolicited communications. In particular, the Member guarantees that he has obtained the necessary permissions from third parties to publish personal data from third parties on the Website.
Unless explicitly permitted under these Terms and Conditions, the Member may not process or otherwise use personal data of other Members. In particular, the Member is not permitted to transfer this personal data from third parties: - To be used for transferring unsolicited communications. - To be collected, whether it be methodically or systematically or not
The Member can have his Account canceled if he no longer wishes to use the Website. The Member must inform the GSA User Community of this by e-mail, stating his username.
Content posted by the Member cannot be deleted when the Account is canceled. The GSA User Community will anonymize the personal data linked to the Account so that the Content can no longer be traced to the Member.
The GSA User Community has the right to cancel the Member's Account if the Member has not used his Login Details for twelve (12) months.
The GSA User Community and the Crew are not obliged to reimburse costs or damages of the Member in connection with the cancellation of an Account for any reason.
The GSA User Community and the Crew are not liable for any direct or indirect damage or costs of the Member or third parties, for whatever reason, as a result of the use of (parts of) the Website, including damage as a result of the inaccuracy or incompleteness of the Content or as a result of Malware, unless the damage in question was caused by intent or deliberate recklessness on the part of the management of the GSA User Community.
The Member who acts contrary to his obligations arising from these General Terms and Conditions is liable for all damage arising therefrom for the GSA User Community.
The Member indemnifies the GSA User Community, the Crew and the other third parties working for it, against all claims from third parties with regard to all damage and costs arising in any way from the use of the Member of the Website or from non-compliance with the Member of his obligations under these Terms and Conditions.
The GSA User Community is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure also includes shortcomings of third parties engaged by the GSA User Community, as well as interruptions or disruptions in the power and / or telecommunication facilities.
If the force majeure situation has lasted longer than sixty (60) days, the Member has the right to terminate his Account without the GSA User Community being obliged to offer any compensation for costs or damage.
The Member is not entitled to transfer the rights and obligations from his Account and these General Terms and Conditions to a third party without the prior written permission of the GSA User Community. The GSA User Community may transfer rights and obligations from the Account and these General Terms and Conditions to third parties and will inform the Member thereof.
If one or more provisions of these General Terms and Conditions are invalid or voidable, the validity of the remaining provisions is not affected. In the event of the invalidity of a provision of these General Terms and Conditions, the parties will be bound by a provision with a meaning that is as similar as possible, and which is not subject to invalidity.
The court in Amsterdam, the Netherlands has exclusive jurisdiction to hear disputes arising from or connected with the Account or these General Terms and Conditions.
Dutch law applies exclusively on these General Terms and Conditions, all agreements, subscriptions and (legal) acts between the GSA User Community and the Member.