terms

Dear user,

These agreements are hardly read, and they are hardly readable. We would love to have just a gentle(wo)men’s agreement with you, where we say we’ll do our best to keep the Hotglue.me service running as good as possible and where you state that you will “behave” yourself within the digisphere of your Hotglue.me subdomain.

Nonetheless we have a more elaborate Terms of Use policy formulated here. In general, our position is that Hotglue should give you as much freedom in expressing yourself on the web as possible. It is our goal to support you as good as we can, because then we can keep you as a client. Next, the web is not and should not be a perfected and shiny environment, but be responsible in what you publish - we dislike worms, get annoyed by discrimination and we hate hate for instance. Finally: we don’t like companies that use private information for purposes not related to their offered service to you. So we will not do so.

The following Terms of Use are derived of the Terms of Use of Openimages.eu. This document was published under Creative Commons Attribution-Share Alike 3.0 license. Big thanks to Openimages.eu for doing the work.

We hope you’ll have a pleasant journey with us. If there are any remarks or questions, send us an EMAIL

Regards,
The Hotcrew

Article 1 - Definitions

This document contains the terms applicable to users of Hotglue.me service (http://www.hotglue.me), which is managed by the WORM Foundation (PO Box 25045, 3001 HA, Rotterdam, Netherlands), hereinafter to be referred to as: WORM.

This document determines inter alia the following aspects of the relationship between users and the WORM Foundation:  

• Passwords and logging in (Article 3)
• The operation of the service (Article 4)
• Conditions applicable to content placed on Hotglue.me (Article 5)
• Privacy (Article 6)
• Liability of the parties in the event of damage or loss (Article 7)

By creating an account on Hotglue.me, the user indicates acceptance of these conditions. Once a user account is created, the conditions can be accessed on www.hotglue.me/terms.

In these Conditions for Use, the following terms have an initial capital letter. These terms are defined as follows:  

1.1 Account: personal section that is managed by the User and which is created when the User registers for the Service. 

1.2 Visitor: a natural person or company who visits the Website and who reads the information and Content placed on the Website. If Users read the Content of other users, they also qualify as Visitors.

1.3 Content: all material made available and accessible by a User to Visitors through the Service, including but not limited to video, photo, image and/or audio material, as well as texts.  

1.4 Service: the free service rendered by WORM to Users and Visitors through the Website, and which is described in more detail on the Website. 

1.5 User: natural person or company who has created an Account. 

1.6 Intellectual Property Rights: all rights of intellectual property and any associated rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to know-how and performances on a par with patentable inventions.  

1.7 Report: a report of the presence of Content on the Website that infringes Intellectual Property Rights and/or other rights of third parties.

1.8 Username: the name or alias entered by the User during the registration procedure, and which is shown in the URL of the Account. 

1.9 Password: the password entered by the User.
 
1.10 Website: the website www.hotglue.me including all sub-domains.

Article 2 - Applicability

2.1 These Conditions for Use apply to any and every use of the Service by the User. They do not apply to Visitors. 

2.2 WORM is entitled at all times to amend or supplement these Conditions for Use. In such an event, a notification will be sent to the User by email. If the User continues using the Service after receiving the notification, he thereby irrevocably accepts such conditions. If the User does not agree to the amended or supplemented Conditions for Use, he must refrain from using the Service, and he must close his Account. The current Conditions for Use are available on the Website at all times.   

3.1 Before Content can be placed on the Website, the User must create an Account in the manner described on the Website. During registration, the User must also enter a Username and a Password, which will provide access to the Account.  

3.2 It is the responsibility of the User to keep the Username/Password combination confidential. The User is therefore responsible for all use that is made of the Service through the Username and the Password. WORM may assume that the User is in fact the person who is seeking access with the Username and the Password that belong to him. As soon as the User is aware or as soon as he may have reason to suspect that a Username and/or Password has become known to unauthorized persons, the User must notify WORM immediately. This does not affect his own obligation to take effective measures immediately, such as changing the Password.
 
3.3 If the User is younger than 12 years of age, he is only allowed to use the Service if he has the consent of his legal representative(s). By accepting these Conditions for Use, the User guarantees that he is in fact older than 12 years of age, or that he has obtained the consent of his legal representative(s) to create an Account and to use the Service. 

3.4 WORM reserves the right to alter the login procedure, the Password and/or the Username, if it considers this necessary in any way, for instance if this is in the interests of the operation of the Service. In that event, the User will be notified of this by email using the email address entered upon registration.

 
4.1 The User accepts that the Service only contains the functionality and other features found by him when using the Service. The Service is, therefore, delivered "as is". WORM expressly excludes explicit and tacit guarantees, undertakings and warranties of any nature whatever, including but not limited to guarantees, promises and warranties with respect to the quality, safety, availability, lawfulness, integrity and correctness of the Service. 

4.2 WORM does not guarantee that the Service will at all times be accessible without interruptions or failures. Failures in the Service may occur as a result of, amongst other things, failures in internet or telephone connections or because of viruses or faults/defects. WORM is in no way responsible or liable for compensating the User for any damage or loss arising from or as a result of the Service being unavailable or temporarily unavailable, or in case of a breakdown of the Service. 

4.3 WORM is entitled, without any prior notice being required and without being liable to compensate the User, to close down or to temporarily close down the Website and/or the Service and/or to limit the use of it if it considers this necessary, for instance in connection with any reasonably necessary maintenance of the Website and/or the Service.
 
4.4 WORM is entitled, without any prior announcement being required, to make procedural and technical changes and/or improvements to the Website and/or the Service.   

Article 3 - Registration for the Service 

  Article 4 - The Service

5.1 The User himself is fully responsible and liable for any acts he performs with the help of the Service, in particular with regard to the placement of Content and its substance.  

5.2 The User guarantees that he is entitled to make the Content available through the Website.

5.3 The User guarantees that he will not distribute through the Website any Content: 

  

5.4 The User indemnifies WORM against third-party claims that are based on the statement that Content placed by the User with the help of the Service in some way infringes the rights of third parties and/or is unlawful in any other way.

5.5 If the User or Visitor is of the opinion that Content distributed with the help of the Service is unlawful, he can Report this. Such a Report to WORM can be made through info(at)hotglue.me.

5.6 Without being required to give notice or without being liable for compensation, and without prejudice to WORM’s right to take further legal action, WORM reserves the right to remove Content or to close an Account if it considers there are grounds for doing so, in particular in, but not limited to, cases in which in WORM’s opinion the User breaches the provisions of this Article 5 or any other provision of these Conditions for Use.

6.1 In connection with the Service the User will provide WORM with personal data as meant in the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens (“Wbp”)). WORM will only process and use these personal data where necessary in connection with the Service, and it will not supply these personal data to third parties in any manner whatever, unless it is legally obliged to do so.
   

Article 5 - Content 

  Article 6 - Privacy 

a. that infringes rights of WORM or third parties, including but not limited to Intellectual Property Rights or rights relating to the protection of privacy;
b. that discriminates on the grounds of and/or is offensive in respect of appearance, race, religion, sex, culture, or origin; 
c. that incites violence against and/or harassment of other person(s); 
d. that leads to or is the result of exploitation or abuse of others; 
e. that is pornographic or that contains a link to pornographic material or pornographic websites; 
f. in which personal data of minors are requested and/or in which personal data of others are made available; 
g. that promotes or facilitates the committing of illegal activities; 
h. that involves chain letters, junk mail or spam and/or that requests passwords or other information traceable to individuals for commercial or illegal purposes, or which envisages other commercial purposes;
i. that contains viruses, Trojan horses, worms, bots or other software that may damage automated work or data, render it unusable or inaccessible, delete or appropriate it, or that is intended to circumvent technical protection measures of the Website and/or WORM’s computer systems;
j. that is machine- or randomly-generated, and does contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites;  
k. that is in violation of any applicable legislation and regulations;  
l. that is in violation of any of the other provisions of these Conditions for Use.

7.1 WORM assumes no liability for damage or loss as a result of any failure in fulfillment of the provision of the Service, including but not limited to damage or loss arising from or relating to the use of the Website, the Content and/or any impossibility of using it, or as a result of any unlawful act or otherwise, unless this exclusion of liability is not allowed under mandatory provisions of law.  

7.2 WORM assumes no liability for the substance of the Content, nor, therefore, for damage or loss to Users or other third parties that arises from any unlawful substance of the Content.  

7.3 The User indemnifies WORM against all third-party claims on any grounds whatever that relate to the compensation of damage, loss, costs or interest, in connection with or arising from his use of the Service and/or any breach of these Conditions for Use and/or any other rights of third parties. 

7.4 This restriction of liability does not, however, intend to exclude WORM’s liability for intent and/or willful recklessness by WORM (“own actions”) itself and/or its executive managers. 

7.5 The only action the User may take if he is of the opinion that he has sustained any damage or loss, is to cease using the Service and close his Account.
  

8.1 The User is entitled to cease using the Service and close his Account at any time.

8.2 WORM is at all times entitled to terminate and/or suspend the availability of the Service to the User if it considers there are grounds for doing so, without creating any liability on its part towards the User.

9.1 These Conditions for Use and the use of the Service are governed by the laws of the Netherlands.

9.2 Where national or international rules of law do not contain mandatory provisions to the contrary, all disputes between the User and WORM will, at the discretion of the party serving a summons or the party making an application, be brought before the competent court in the district of his place of residence or place of business, or before another court that is competent pursuant to national or international rules of law.

9.3 Should any provision of these Conditions for Use be or become invalid, the User and WORM will remain bound to the remaining provisions. WORM will replace the invalid provision by a valid provision, in accordance with the object and purport of these Conditions for Use, in such a way that the new provision differs as little as possible from the invalid provisions.