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Statement of rights and responsibilities (‘Statement’, ‘Terms and conditions’ or ‘SRR’) is inter alia derived from the General guidelines for Primedinners Network and includes our service terms and conditions that are applicable to our relationship with users and others that have interactions with Primedinners. When you use Primedinners, you declare yourself to be in agreement with this Statement, Terms and conditions for setting up accounts, Policy regarding the use of information & Privacy, General guidelines for Primedinners Network, Payment terms and conditions, General terms and conditions for web shop and Advertising guidelines, which are regularly updated.

1. Privacy
We find your privacy important. We have set up a Policy regarding the use of information & Privacy that contains important provisions about how you can use Primedinners to share items with others and how we collect and can use your content and information. We advise you to read the Policy regarding the use of information & Privacy and to take decisions on the basis thereof.
 

2. Sharing content and information
You are the owner of all content and information that you place on Primedinners and you can determine in your photo folders how this will be shared. The Private folder is only visible for connections. The other photo folders and updates are Public. Further, the following provisions apply:

For content to which intellectual property rights apply, such as photos and video, you expressly give us the following permission: you grant us a non-exclusive, transferrable, royalty-free, worldwide license to use all content that you place on Primedinners or in connection with Primedinners. This license ends when you delete your content or your account, unless you have shared your content with others and they have not deleted the content.

When you delete your content, this will be deleted in a way that is comparable with emptying the trash bin on a computer. You understand that the deleted content may, however, remain present for a reasonable period of time in back-ups (but is not available for others).

If you use an application, that application must request permission for access to your content and information and to content and information that others have shared with you. We require applications to respect your privacy, and your acceptance of that application is determinative for the manner in which the application can use, save and transfer that content and information. (Read our Policy regarding the use of information & Privacy for more information about the network and how you can determine what information others share with applications.)

When you publish content or information, it is always Public; this means that everyone, including people outside Primedinners network, gives them permission to view and to use that information and to link it to you (i.e. your account).

We always appreciate it if you give feedback or other suggestions about Primedinners, but you must understand that we can use this without any obligation to reward you for this (just as you have no obligation to offer them).

3. Safety

We do our best to keep Primedinners safe, but cannot guarantee this. We need your help to keep Primedinners safe. You therefore must comply with the following rules:

  1. You place no non-authorised commercial messages (such as spam) on Primedinners.
  2. You collect no content or information from users and do not use Primedinners in other ways via automated tools (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
  3. You will not engage on Primedinners in illegal marketing on multiple levels such as pyramid schemes.
  4. You upload no viruses or other damaging code.
  5. You do not ask people for their log-in information, and you do not sign in on someone else’s account.
  6. You will not bother, intimidate or harass any users.
  7. You place no content that: is hate speech, offensive or pornographic; that incites violence; or that contains nudity or senseless violence.
  8. You comply with our Terms and conditions for setting up accounts
  9. You do not use Primedinners for unlawful, misleading, malicious or discriminatory activities.
  10. You do nothing that disrupts, overloads or can make the proper function or display of Primedinners impossible, such as a Denial of Service attack or disruption of page display or other Primedinners functionalities.
  11. You do not facilitate or encourage any violation of this Statement, or any of our established Terms and conditions or related Policy.

4. Registration and account security

Primedinners users provide their real names and information, and we need your help to keep it this way. Here follow several rules to which you must adhere with respect to registration and security of your account:

  1. You provide no false personal information on Primedinners and make no account for someone else without permission.
  2. You make no more than one personal account.
  3. If we deactivate your account, you make no other accounts without our permission.
  4. You do not use your personal timeline primarily for your own commercial benefit, and you use no Primedinners account (Members of Quality) for such purposes. Should this be your intention, a paid account can be created.
  5. You do not use Primedinners if you are younger than 21 years of age.
  6. You do not use Primedinners if you have been convicted of a morality crime.
  7. You keep your contact information correct and current.
  8. You do not share your password with others (and developers do not share their secret key).
  9. You claim no restaurant without permission from the legal owner.
  10. When you create a paid account, you must fulfil the agreed payment obligation. 
  11. You grant no one access to your account, and you do nothing that can damage the security of your account.
  12. You do not transfer your account (including pages or applications that you manage) to someone else without our written permission.
  13. If you select a username or comparable identification for your account or page, we retain the right to remove or revoke this if we are of the opinion that this is inappropriate (for example when an owner of a trademark complains about a username that bears little resemblance to the actual name of a user).

5. Protecting the rights of others

  1. We respect the rights of others and expect that you do this as well.
  2. You place no content or undertake no action on Primedinners with which the rights of someone else is violated or infringed, or with which the law is violated in another way.
  3. We can remove the content and information that you place on Primedinners if we find that this violates this Statement or our Policy rules.
  4. If we have removed your content due to violation of the copyright of someone else, and you think that this is unjustified, you can object.
  5. If you repeatedly violate the intellectual property rights of others, we will immediately deactivate your account.
  6. You make no use of our copyright or trademarks (including Primedinners, the Primedinners logo, the 3-star logo, PD, Primetime timeline, Prime moment) or other similar confusing marks, except when this is expressly permitted in our Guidelines for use of brands or when you have our written permission.
  7. If you collect information from users, you must: get their permission, make it clear that you (and not Primedinners) are the one who is collecting the information and publish a privacy policy in which it is explained what information you collect and how you use it.
  8. You place no identity documents or sensitive financial information of others on Primedinners.
  9. You tag no users and send no e-mail invitations to non-users without their permission.

6. Payments
If you make a payment on Primedinners, you agree with our Payment terms and conditions.

7. Special provisions for developers/managers of applications and websites
If you are a developer or manager of a network application or website, the following supplemental terms and conditions apply for you:

  1. You are responsible for your application, the content and all your use of the network. This means, among other things, that you must ensure that your application or your use of the network complies with our Terms and Condotions for Primedinners Network, Advertising Guidelines, Policy regarding the use of information & Privacy and Terms and cCnditions for web shop.
    For your access to and use of information that you receive from Primedinners, the following limitations apply:
  2. You request only information that you need for your application.
  3. You have a privacy policy in which it is explained to users what user information you are going to use and how you use, display or transfer this information.
  4. You will not use, display or transfer any user information in any way that does not comply with your privacy policy.
  5. You delete all information that you receive from us about a user if the user requests this, and you offer users a way to submit such a request.
  6. You do not use information that you get from us about a user in advertisements.
  7. You will not directly or indirectly transfer information that you receive from us to (or use in connection with) an advertising network, ad exchange, an information handler or another advertising-related tool set, not even if a user gives permission for such transfer or use.
  8. You sell no user information. If you are taken over by or merge with a third party, you can continue to use the user information in your application, but you cannot use user information outside your application.
  9. We can require that you delete user information if you use it in a way that we believe does not comply with the expectations of users.
  10. We can limit your access to information.
  11. You comply with all other limitations in our General guidelines for Primedinners Network and Policy regarding the use of information & Privacy.
  12. You give us no information that you have independently collected from a user of the content from a user without the permission of that user.
  13. You make it easy for users to delete your application or to sever the connection with it.
  14. You make it easy for users to contact you. We can forward your e-mail address to users or others who claim that you have violated or infringed on their rights.
  15. You offer customer support for your application.
  16.  You display no advertisements from third parties or fields for searching the internet on www.Primedinners.com.
  17. We grant you all the rights that you need to use the code, APIs, widgets, data and tools that you receive from us.
  18. You will not sell, transfer or grant in sublicense any code, APIs, widgets or tools to others.
  19. You will not represent your relationship with Primedinners to others as different than it actually is.
  20. You may use the logos that we make available to developers, and you may publish a press release or other public statement as long as you comply with all our terms and conditions.
  21. We can publish a press release in which we describe our relationship with you.
  22. You comply with all applicable laws. You will in particular do the following (if applicable):
  23. You will have a policy for the deletion of content with which the rights of others are violated and for the termination of your service for repeated violations.
  24. We do not guarantee that our prices will always remain unchanged.
  25. You grant us all rights that are needed for your application to work with Primedinners, including the right to use content and information that you provide to us in streams, timelines and other action stories.
  26. You grant us the right to make a link to your application or to use this in a frame, and to place content, including advertisements, around your application.
  27. We can analyse your application, content and data for any random purpose, including commercial purposes (such as for determining the target audience for advertisements and for indexing content for searches).
  28. We can check your application to see whether it is safe for users.
  29. We can make applications that offer comparable functions and services or that otherwise compete with your application.
 

8. About advertisements and other commercial content that is offered or improved by Primedinners
Our goal is to deliver advertisements and other commercial or sponsored content that is valuable for our users and advertisers. In order to help us with this, you agree with the following:

  1. You give us permission to use your name, profile photo and information (such as interests) for commercial, sponsored or related content that is offered or improved by us. This means, for example, that you permit a company or another entity to pay us to display your name and/or profile photo, without you receiving compensation for this.
  2. We do not give your content or information to advertisers without your permission.
  3. You understand that we may not always identify paid services and communication as such.
 

9. Special provisions for advertisers
You can focus your advertisements on your desired target audience by buying advertisements on Primedinners. The following supplemental terms and conditions apply if you buy credit value.

  1. When you place an advertisement, you indicate how much credit value you want to buy, which category the banner should appear in, what continent, country, province, and city and on the basis of what interests. If we accept your order, we place your advertisements when there is space available. When we place your advertisement, we do our best to display the advertisements to the target audience that you have indicated. We can, however, not guarantee in any case that your advertisement will reach the intended target audience.
  2. We can expand the criteria for the target audience that you have indicated when we think that this will improve the effectiveness of your advertising campaign.
  3. You pay for your orders in accordance with our Payment terms and conditions.
  4. Your advertisements must fulfil our Advertising guidelines.
  5. We determine the size, placement and positioning of your advertisements.
  6. We offer no guarantees for responses to your advertisements, such as the number of times that an advertisement is clicked.
  7. Only unique clicks will be counted.
  8. When the balance is up, you can automatically buy more credit balance.
  9. The advertisement can be cancelled, but the advertisement continues running until the credit balance is gone. You do have to pay for all running advertisements.
  10. Our license to carry out your advertising ends when we have fulfilled your order.
  11. We can use your advertisement and related content and information for marketing or promotional purposes.
  12. Without our written consent, you will issue no press release and you will make no public statement about your relationship with Primedinners.
  13. We can refuse or remove an advertisement, regardless of the reason.
  14. If you place advertisements on behalf of someone else, you must have permission to place these advertisements, and the following provisions apply:
  15. You guarantee that you have the legal authority to bind the advertiser to this Statement.
  16. You agree that if the advertiser that you represent violates this Statement, we can hold you responsible for that violation.
  17. You will receive ad credits by rating-response on your posts. In case of abuse we retain the right to remove or revoke this credits. If you’re active on Primedinners every 18 months, either purchasing or redeeming your credits, credits will not expire. 

10. Special provisions for accounts
If you make or manage an account on Primedinners, or carry out a promotion or offer on your page, you agree with the Terms and conditions for setting up accounts and General guidelines for Primedinners Network.

11. Special provisions for software

  1. If you download or use our software, such as a stand-alone software product, API, widget, app or an add-in application for a browser, you agree that the software will now and then download and install upgrades, updates and extra functions from us in order to improve, expand and further develop the software.
  2. It is not permitted to change, to create derivative works from it, to decompile or otherwise obtain source code, except when this is expressly permitted according to an open-source license or when we have given you express written permission.

12. Changes

  1. Unless we implement changes for legal or administrative reasons, or to correct an inaccurate statement, we give you seven (7) days’ time to respond, and we offer you the opportunity to respond to changes in this Statement.
  2. When you continue to use Primedinners after the changes to our terms and conditions, you declare agreement with the changed terms and conditions.
 

13. Termination
If you violate the letter or the spirit of this Statement or in another way create a risk or possible legal exposure for us, we can partially or entirely end your access to Primedinners. We will inform you of this via e-mail or by telephone or the next time you try to open your account. You can delete or deactivate your account at any time.

14. Disputes
You will resolve any claims, legal procedures or disputes (claims) that you have with us resulting from or concerning this Statement or Primedinners exclusively in a Dutch court that is located in the Netherlands, and you agree to be subject to the personal jurisdiction of such courts for the settlement of such claims. This Statement and any claims between you and us are subject to the laws of the Netherlands, regardless of any provisions with respect to conflicts or laws.

If someone submits a claim against us with respect to your actions, content or information on Primedinners, you indemnify us and hold us harmless against all damages, losses and costs that are related to such a claim (including reasonable legal fees and expenses). Although we offer rules for the behaviour of users, we do not control or manage the actions of users on Primedinners, and we are not responsible for the content or information that users transfer or share on Primedinners. We are not responsible for any offensive, inappropriate, obscene, illegal or otherwise deplorable content or information that you may find on Primedinners. We are not responsible for the online or offline behaviour of Primedinners users.

WE TRY TO KEEP PRIMEDINNERS ONLINE, ERROR-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE OFFER PRIMEDINNERS AS IT IS OFFERED, WITHOUT EXPLICIT OR IMPLICIT GUARANTEES, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES OF MERCHANTABILITY, SUITABILITY FOR A CERTAIN PURPOSE OR NON-COMPLIANCE. WE DO NOT GUARANTEE THAT PRIMEDINNERS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PRIMEDINNERS WILL ALWAYS WORK WITHOUT DISRUPTIONS, DELAYS OR IRREGULARITIES. PRIMEDINNERS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU INDEMNIFY US, OUR DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, THAT RESULT FROM OR ARE CONNECTED WITH ANY CLAIMS THAT YOU HAVE AGAINST SUCH PARTIES. WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES THAT RESULT FROM OR ARE CONNECTED WITH THIS STATEMENT OR WITH PRIMEDINNERS, NOT EVEN IF WE ARE INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY THAT RESULTS FROM THIS STATEMENT OR FROM PRIMEDINNERS WILL NOT BE HIGHER THAN ONE HUNDRED EUROS (EU 100.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE PAST 12 MONTHS. UNDER CERTAIN APPLICABLE LAWS, IT MIGHT NOT BE PERMITTED TO LIMIT OR REJECT LIABILITY OR INCIDENTAL DAMAGES, SO THAT THE LIMITATION OR REJECTION ABOVE MIGHT NOT BE APPLICABLE TO YOU. IN SUCH CASES, THE LIABILITY OF PRIMEDINNERS IS LIMITED TO THE MAXIMUM EXTENT ALLOWABLE BY THE APPLICABLE LAW.
 

15. Special provisions for users outside the Netherlands
We strive to create a general network with consistent rules for everyone, but we also want to respect local laws. The following provisions apply for users and non-users who conduct interactions with Primedinners outside the Netherlands:

  1. You agree that your personal information will be transferred to and processed in the Netherlands.
  2. If you are located in a country which has issued an embargo against the Netherlands, you may not engage on Primedinners in commercial activities (such as advertisements or payments) or manage a network application or website.
  3. You will not use Primedinners if it is forbidden for you to receive and to ship products, services or software that originate in the Netherlands.

16. Definitions

  1. By ‘Primedinners’, we mean the functions and services that we make available, including via (a) our website on www.Primedinners.com and other websites of the Primedinners brand or via co-branding (including subdomains, international versions, API, widgets and mobile versions); (b) our network; (c) social plug-ins such as the Primetime timeline, Prime moment, moodboard and other comparable offerings; and (d) other media, software (such as a toolbar), devices or networks that now exist or will be developed later.
  2. By ‘software‘, we mean a set of APIs, widgets and services (such as content) with which others, including applications developers and website managers, can get information from Primedinners or can provide information to us.
  3. By ‘information’, we mean facts and other data about you, including actions by users and non-users that conduct interactions with Primedinners.
  4. By ‘content’, we mean everything that you or other users place on Primedinners and does not fall under the definition of information.
  5. By ‘data’, ‘user information’ or ‘information from the user’, we mean all data, including the content or information from a user that you or a third party can get from Primedinners or can provide to Primedinners via the network.
  6. By ‘placing’, we mean posting on Primedinners or otherwise making available for use by Primedinners.
  7. By ‘using’, we mean using, executing, copying, publically publishing or displaying, distributing, changing, translating or making derivative products from.
  8. By ‘active registered user’, we mean a user who has logged on to Primedinners at least once in the past 30 days.
  9. By ‘application’, we mean any application or website that uses the network, as well as all other things that receive or have received information from us. If you no longer use the network but have not deleted all information from us, the term ‘application’ applies until you have deleted all information.
 

17. Other

  1. In all cases, regardless of what continent you are a resident of or have your primary place of business on, this Statement is an agreement between you and Primedinners BV. References to ‘us’, ‘we’ and ‘our’ are references to Primedinners BV.
  2. This Statement forms the entire agreement between the parties with respect to Primedinners and applies above any previous agreements.
  3. If a part of this Statement appears to be non-enforceable, the remaining part remains fully valid and in effect.
  4. If we cannot enforce something from this Statement, this cannot be considered as permission.
  5. Any change to or statement of waiver of this Statement must be done in writing and signed by us.
  6. You transfer no rights or obligations under this Statement to someone else without having our permission.
  7. We can freely assign all our rights and obligations under this Statement in the event of a merger, takeover or sale of assets, by law or otherwise.
  8. Nothing in this Statement will prevent us from complying with the law.
  9. No rights are granted to third parties by this Statement.
  10. We retain all rights that are not expressly granted to you.
  11. When using or opening Primedinners, you will comply with all applicable laws.

In order to open the Statement of rights and responsibilities in another language, change the language settings for your Primedinners session by clicking on the language link (Google Translate). These Terms and conditions are written in Dutch (NL). If a translated version of these terms and conditions conflicts with the Dutch version, the Dutch version is binding. 


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