Last updated September 28, 2022
AGREEMENT TO THE TERMS
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and OMMIJ (“Company”, “we”, “us”, or “our”), regarding your access to and use of the http://www.om-mij.nl website, as well as any other media form, media channel, mobile website or mobile application associated with, linked to or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE USING IT.
Additional terms and conditions or documents posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of any such change. It is your responsibility to regularly review these Terms of Use to be aware of any updates. You are subject to, and will be deemed to have taken notice of, and consented to, the changes to revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate any law or regulation or subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 may not use or register on the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled or licensed by us, and are protected by copyright, trademark and various other intellectual property and unfair competition laws of the United States, foreign jurisdictions and international treaties. The Content and Marks are provided on the Site “AS IS” for your information and personal use. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written consent.
Subject to your eligibility to use the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
REPRESENTATIONS BY USERS
By using the Site, you represent and warrant that: (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal authority and agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site by automated or non-human means, whether by bot, script or otherwise; (6) you will not use the Site for illegal or unauthorised purposes; and (7) your use of the Site does not violate any applicable law or regulation.
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim or modify any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial activities, except as specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Making unauthorised use of the Site, including collecting user names and/or e-mail addresses of users electronically or otherwise for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
- Systematically extract data or other content from the Site to directly or indirectly create or compile a collection, compilation, database or directory without written permission from us.
- Using a purchasing agent or buyer to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Bypass, disable or otherwise interfere with security features of the Site, including features that prevent or restrict the use or copying of Content or impose restrictions on the use of the Site and/or the Content on the Site.
- Unauthorised framing or linking to the Site.
- Scamming, defrauding or misleading us and other users, particularly in attempts to obtain sensitive account information such as user passwords.
- Misuse our support services or submit false reports of abuse or misconduct.
- Use the system in an automated way, such as using scripts to send comments or messages, or using data mining, robots or similar tools to collect and extract data.
- Disrupt or unnecessarily burden the Site or networks or services connected to the Site.
- Attempting to impersonate another user or person or using another user’s username.
- Sell or otherwise transfer your profile.
- Not use information obtained from the Site to harass, abuse or harm another person.
- Use the Site as part of an attempt to compete with us or otherwise use the Site and/or Content for a revenue-generating effort or commercial enterprise.
- Deciphering, decompiling, disassembling or reverse-engineering the software comprising or in any way forming part of the Site.
- Attempting to circumvent any Site measures designed to prevent or restrict access to the Site, or any part of the Site.
- Harass, annoy, intimidate or threaten our employees or agents involved in providing any part of the Site to you.
- Remove any copyright or other proprietary rights from the Content.
- Copy or modify the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
- Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuously posting repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with any party’s use, features, functions, operation or maintenance of the Site.
- Upload or transmit (or attempt to upload or transmit) material that acts as a passive or active mechanism for collecting or transmitting information, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as the result of standard search engine or internet browser use, use, launch, development or distribution of any automated system, including but not limited to a spider, robot, cheat utility, scraper or offline reader accessing the Site, or the use or launch of any unauthorised script or other software.
- Discredit, defame or otherwise harm us and/or the Site.
- Use the Site in a manner inconsistent with applicable laws and regulations.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) that you provide to us are non-confidential and become our exclusive property. We have exclusive rights, including all intellectual property rights, and are entitled to unrestricted use and distribution of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights in such submissions, and you hereby warrant that such submissions are originally yours or that you have the right to submit such submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain links (or be sent to you via the Site) to other websites (“Third Party Websites”), as well as articles, pictures, text, graphics, photographs, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked by us for accuracy, suitability or completeness, and we are not responsible for any Third Party Websites accessed through the Site or Third Party Content posted on, available through or installed from the Site, including the content, accuracy, objectionability, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content. The inclusion of, linking to or allowing the use or installation of third party websites or third party content does not constitute an endorsement or approval thereof by us. If you decide to leave the Site and visit Third Party Websites or use or install Third Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Site or with respect to applications you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and from other companies, and we do not assume any responsibility in relation to such purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse any products or services offered on third-party websites and you will indemnify us against any damages caused by your purchase of such products or services. In addition, you will indemnify us against any loss or damage you suffer in connection with or as a result of third party content or contact with third party websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict, limit or disable access to all or any part of your Contributions (to the extent technically feasible) (4) in its sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are too large or in any way burdensome to our systems; and (5) otherwise operate the Site in a manner designed to protect our rights and property and facilitate the proper operation of the Site.
DURATION AND TERMINATION
These Terms of Use will remain in full force and effect for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON AT ALL, INCLUDING, BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal and injunctive relief.
CHANGES AND INTERRUPTIONS
We reserve the right to change, modify or delete the content of the Site at any time and for any reason in our sole discretion without notice. However, we are under no obligation to update the information on our Site. We also reserve the right to modify or discontinue the Site or any part thereof at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or require maintenance in connection with the Site, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Site during any interruption or discontinuance of the Site. Nothing in these Terms of Use shall be construed as requiring us to maintain and support the Site or to provide corrections, updates or releases in connection therewith.
APPLICABLE LAW
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Netherlands applicable to agreements entered into and to be performed entirely within the Netherlands, without regard to conflict of law principles.
DISPUTE RESOLUTION
Any legal action of any kind brought or prosecuted by you or us (collectively, the “Parties” and individually, a “Party”) in the federal courts in the Netherlands, , , and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens as to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action or proceeding brought by either party in connection with the Site be commenced more than one (1) year after the cause of action arose.
CORRECTIONS
The information on the Site can be used to describe typographical errors, onnauwkeurigheden or omissions, in addition to the content, reception, content and various other information. We will be responsible for correcting any errors, onnauwkeurigheden or omissions and for providing the information on the Site at any time and with the consent of the competent authorities, so that it can be used or reproduced.
DISCLAIMER
DE SITE WORDT AANGEBODEN OP EEN ‘AS-IS’ EN ‘AS-AVAILABLE’ BASIS. U GAAT ERMEE AKKOORD DAT UW GEBRUIK VAN DE SITE EN ONZE DIENSTEN OP UW EIGEN RISICO IS. FOR THE SAKE OF CLARITY, WE MAKE ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE SITE AND YOUR USE OF IT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SAFETY, SECURITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE HAVE NO GUARANTEES OR VERIFICATIONS AS TO THE SAFETY OR AVAILABILITY OF THE SITE OR THE AVAILABILITY OF THE WEBSITES THAT ARE TO BE USED ON THE SITE, AND WE HAVE NO GUARANTEES OR VERIFIABILITY FOR (1) OF THE ABOVE, (3) ONBEVOEGDE TOEGANG TOT OF GEBRUIK VAN ONZE BEVEILIGDE SERVERS EN/OF ALLE PERSOONLIJKE EN/OF FINANCIËLE INFORMATIE DIE DAAROP IS OPGESLAGEN, (4) ELKE ONDERBREKING OF BEËINDIGING VAN OVERDRACHT NAAR OF VAN DE SITE, (5) BUGS, VIRUSSEN, TROJAANSE PAARDEN OF DERGELIJKE DIE DOOR DERDEN NAAR OF VIA DE SITE WORDEN VERZONDEN, EN/OF (6) FOUTEN OF WEGLATINGEN IN DE INHOUD EN HET MATERIAAL OF VOOR ENIG VERLIES OF SCHADE VAN WELKE AARD DAN OOK DIE HET GEVOLG IS VAN HET GEBRUIK VAN INHOUD DIE VIA DE SITE IS GEPLAATST, VERZONDEN OF ANDERSZINS BESCHIKBAAR GESTELD. WE GUARANTEE, ONDERSCHRIJVEN, GUARANTEE OR SUPPORT A CERTAIN LEVEL OF TRANSPARENCY FOR PRODUCTS OR SERVICES THAT ARE PROVIDED OR OFFERED VIA THE SITE, A GOOD WEBSITE OR A WEBSITE OF A MOBILE PHONE OR A BANNER OR OTHER ADVERTISEMENTS, AND WE ARE A PARTY TO THE SAME OR TO THE SAME RULES AS REGARDS TRANSACTIONS BETWEEN YOU AND THE SUPPLIERS OF PRODUCTS OR SERVICES PROVIDED VIA THE SITE. HOWEVER, IF YOU ARE GOING TO BUY A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY FORM OF COMMUNICATION, YOU NEED TO MAKE THE BEST USE OF THE INFORMATION YOU HAVE AND WHERE YOU CAN FIND THE BEST POSSIBLE SOLUTION.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all our respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (1) use of the Site; (2) violation of these Terms of Use; (3) a breach of your representations and warranties set out in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) an overtly harmful act towards another user of the Site with whom you are connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding covered by this indemnity as soon as we become aware of it.
USER DATA
We retain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we routinely back up data on a regular basis, you are solely responsible for any data you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall not be liable for any loss or damage to such data, and you hereby waive any right of action against us as a result of any such loss or damage to such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending e-mails and filling in online forms constitute electronic communications. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, comply with all legal requirements that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under statutes, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or the granting of credit by any means other than electronic.
NOTICE OF FILMING AND PHOTOGRAPHY
When you enter an OMMIJ event or programme, you are entering an area where photography, audio and video recording may take place.
By entering the event area, you agree that interview(s), photography, audio recording, video recording and its release, publication, exhibition or reproduction may be used for news, webcasts, promotional purposes, television broadcasts, advertising, inclusion on websites, social media, or any other purpose by OMMIJ and its affiliates and representatives. Images, photos and/or videos may be used to promote similar OMMIJ events in the future, raise awareness of the event and showcase OMMIJ’s capabilities. You release OMMIJ, its officers and employees and all persons involved from any liability in connection with the taking, recording, digitisation, or publication and use of interviews, photographs, computer images, video and/or sound recordings.
By entering the event premises, you waive all rights to payment or royalties in connection with any use, exhibition, streaming, webcasting, television or other publication of these materials, regardless of the purpose or sponsorship of such use, exhibition, broadcasting, webcasting or other publication, regardless of whether a fee is charged for access or sponsorship. You also waive any right to inspect or approve photographic, video or audio recordings made by OMMIJ or the person or entity designated by OMMIJ for that purpose.
You are fully informed of your consent, waiver and indemnification before entering the event or at least within the first 3 hours of entry.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in relation to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use does not constitute a waiver of that right or provision. These terms of use apply to the fullest extent permitted by law. We may assign any of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or negligence caused by any cause beyond our reasonable control. If any provision or part of any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship between you and us arises as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us by reason of our having made them. You hereby waive any defences you may have based on the electronic form of these Terms of Use and the lack of signature by the parties to these Terms of Use.
CONTACT US
To resolve a complaint about the Site or to receive more information about the use of the Site, please contact us at:
OMMIJ
Paul Krugerlaan 28, 7001 DH Doetinchem, The Netherlands
Telephone number: (+31)314700 517
info@om-mij.nl