These are the Terms and Conditions (“Terms”) of Openattheclose B.V. (“OATC,” “we,” “us” or “our”). By accessing or using (mobile) applications, websites or any other OATC service (together, the “Service”) made available by OATC, however accessed, you agree to be bound by these Terms. The Service is owned or controlled by OATC. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
1. You must be at least 13 years old to use the Service.
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients, OATC prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
3. You represent that all information you provide or provided to OATC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other OATC users.
5. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other OATC terms.
6. You are responsible for keeping your password secret and secure.
7. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
9. Violation of these Terms may, in sole discretion of OATC, result in termination of your OATC account. You understand and agree that OATC cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for OATC, we can stop providing all or part of the Service to you.
1. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (spam) to any OATC users.
2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities and you must not post private or confidential information via the Service.
3. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service.
4. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.
5. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any OATC page is rendered or displayed in a user’s browser or device.
6. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or OATC.
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or if you deactivate your account and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service.
2. We reserve the right to force forfeiture of any username for any reason.
3. Upon termination, all rights granted to you in these Terms will immediately cease.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. OATC reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by OATC, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, OATC encourages you to maintain your own backup of your Content. OATC is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. OATC will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
6. You agree that OATC is not responsible for, and does not endorse, Content posted within the Service. OATC does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.
7. You agree that you are responsible for all data charges you incur through use of the Service.
8. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of OATC).
1. OATC hereby grants to you a non-transferable license to use the Service. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of the OATC. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by OATC that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern.
3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
4. The Service contains content owned or licensed by OATC (“OATC Content”). OATC Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and OATC, OATC owns and retains all rights in the OATC Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the OATC Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the OATC Content.
5. The OATC name and logo are trademarks of OATC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OATC. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of OATC, and may not be copied, imitated or used, in whole or in part, without prior written permission from OATC.
1. There may be links from the Service, or from communications you receive from the Service, to third-party (mobile) applications, websites or features. The Service may also include third-party content that we do not control, maintain or endorse. OATC does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that OATC is in no way responsible or liable for any such third-party services or features. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
2. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if OATC has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the OATC Parties (as defined below) harmless for activity related to the Application.
1. The Service, including, without limitation, OATC Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither OATC nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the “OATC Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the OATC Content; (c) user content; or (d) security associated with the transmission of information to OATC or via the Service. In addition, the OATC Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
2. The OATC Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The OATC Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.
3. Although it is the intention of OATC for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4. You acknowledge that your use of the Service is at your sole risk. The OATC Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the OATCParties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
5. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
6. The OATC Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
1. To the extent not prohibited by law, in no event shall the OATC Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
a. the Service;
b. the OATC Content;
c. user content;
d. your use of, inability to use, or the performance of the Service;
e. any action taken in connection with an investigation by the OATC Parties or law enforcement authorities regarding your or any other party’s use of the Service;
f. any action taken in connection with copyright or other intellectual property owners;
g. any errors or omissions in the service’s operation; or
h. any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the OATC Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).
In no event will the OATC Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the OATC Parties total liability to you for all damages, losses or causes or action exceed the amount of € 2500. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
2. You agree that in the event you incur any damages, losses or injuries that arise out of acts of OATC or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the OATC Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the OATC Parties.
3. OATC is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
4. You agree that any claim you may have arising out of or related to your relationship with OATC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree to defend (at the request of OATC), indemnify and hold the OATC Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
a. your Content or your access to or use of the Service;
b. your breach or alleged breach of these Terms;
c. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
d. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
e. any misrepresentation made by you.
You will cooperate as fully required by OATC in the defense of any claim. OATC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of OATC.
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
Failure of OATC to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject OATC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that OATC provides.
2. No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
1. We reserve the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time.
2. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service.
3. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
1. These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands.
2. All disputes between you and OATC (whether or not such dispute involves a third party) with regard to your relationship with OATC, shall be submitted exclusively to the competent court of law in Rotterdam, the Netherlands, without prejudice to the right of OATC as plaintiff to initiate proceedings before any other court having jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
What kinds of information do we collect?
Information you provide
We collect the following information you provide us with directly:
a. Your name;
b. Your username, password and e-mail address when you register for an OATC account;
c. Profile information that you provide for your user profile;
d. User Content (e.g., photos, comments, and other materials) that you post to the Service;
e. Communications between you and OATC (e.g., we may send you Service-related emails);
Log file information
We collect information that your browser sends whenever you visit our Service. This log file information may include information such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Metadata is usually technical data that is associated with User Content. For instance, metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have metadata added to their User Content including a hashtag (e.g. to mark keywords when you post a photo), geotag (e.g. to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g. through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
We may use and store information about your location, if you give us permission to do so. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at anytime, through your mobile device settings.
Analytics services (non-personally identifiable information only)
Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy.
How do we use this information?
We use all of the information we have to help us provide and support our Services. Here is how:
a. Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
b. Provide, improve, test, and monitor the effectiveness of our Service;
c. To help you efficiently access your information after you sign in;
d. Monitor metrics such as total number of visitors, traffic, and demographic patterns;
e. Diagnose or fix technology problems;
f. Develop and test new products and features; and
g. Automatically update the OATC application on your device.
We may use your information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
How is this information shared?
We will not rent or sell your information to third parties outside OATC.
People you share and communicate with
Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.
Change of control
Legal requests and preventing harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Safety and security
OATC has taken appropriate technical and organizational measures by using the latest technologies to protect your information against loss or unlawful processing. We use safeguards to help keep the information collected through the Service secure and take steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, OATC cannot ensure the security of any information you transmit to OATC or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We request you to do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and OATC, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
In accordance with the law, OATC does not retain data any longer than is required for attaining the purposes for which they were collected.
Inspection and correction
If you wish to know which of your data OATC has recorded or if you wish to amend or remove data that you cannot amend via your account, please contact OATC.
Third-party applications, websites and services
Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.