AdventurousPeople.TV: Ajourney B.V., also trading under the name of AdventurousPeople.TV, whose principal place of business is at Talmastraat 49, (9402 HB) Assen, The Netherlands
AdventurousPeople.TV Content: all content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website, with the exception of User Submissions
AdventurousPeople.TV account holder: a registered User of the website www.adventurouspeople.tv
Membership Areas: parts of the Website for which Users can register and where Users can for instance place User Submissions
Customer: a registered user of the website www.adventurouspeople.tv, who uses the Services offered on that website for payment.
Jed: the webmaster of and provider of several services on the website www.adventurouspeople.tv
Services: any products, software, and services provided on or from the Website, any web page and content of the Website, as well as the professional services provided on or via the Website performed by AdventurousPeople.TV and/or Jed
User: each person (including but not limited to AdventurousPeople.TV account holders) visiting the website www.adventurouspeople.tv
User Submissions: The textual content submitted to the Website by registered Users
Any use of the Website and the Services is subject to the Conditions. Also, these Conditions apply to all offers and agreements to which AdventurousPeople.TV is a party.
2. Accepting the Conditions
In order to use the Webite and the Services, the User must firstly agree to the Conditions. The User accepts the Conditions by using the Website and /or Services. By using the Website the User also consents to having his or her personal data transferred to The Netherlands and accepts that his or her personal data will be processed in accordance with the provisions of AdventurousPeople.TV’s Privacy Statement.
The User may not use the Website and/or the Services if he or she does not accept the Conditions. The User may not use the the Website and/or the Services and may not accept the Conditions if (a) the User is not of legal age to form a binding contract with AdventurousPeople.TV, or (b) the User is legally prohibited from receiving or using the Website and/or the Services under the laws of the country in which you are resident or from which you access or use the website and/or the Services.
3. Changes to the Conditions
AdventurousPeople.TV may make changes to the Conditions. When these changes are made, AdventurousPeople.TV will make a new copy of the Conditions available at the Website. The User understands and agrees that if the User uses the Services after the date on which the Conditions have changed, AdventurousPeople.TV will treat the use as acceptance of the updated Conditions.
4. AdventurousPeople.TV account
In order to access some features as well as the Membership Areas of the Website and the Services provided thereon, the User will have to register to obtain login details. When registering, the User must provide accurate and complete information. The AdventurousPeople.TV account is and the log-in details are exclusive and strictly personal. The AdventurousPeople.TV account holder agrees that he or she will be solely responsible (to AdventurousPeople.TV, and to others) for all activity that occurs under its AdventurousPeople.TV account
5. Products and services offered via the Website
Offers and price lists quoted on the Website are to be regarded as an invitation to the User to make an offer. AdventurousPeople.TV is not bound by them in any way unless such has been recorded unambiguously and in writing. The User’s acceptance of the invitation to make an offer operates as an offer and may only lead to the conclusion of a contract if the remaining terms of this article are fulfilled.
AdventurousPeople.TV will not be obliged to supply the products and services that it offers until a AdventurousPeople.TV account holder has intimated that he/she wishes to purchase the services in the manner indicated on the Website. An agreement between a AdventurousPeople.TV account holder and AdventurousPeople.TV is completed electronically as soon as AdventurousPeople.TV has confirmed receipt of the order and made that confirmation available to the registered User.
In distance selling cases, the Customer will be given a cancellation period of 7 calendar days after receiving the products or services offered via the Website, within which period the Customer is entitled to terminate the underlying contract, without having to state his or her reasons.
6. Prices and payment
Insofar as not subsequently agreed, the amounts due by the Customer must be paid within 14 days after a product is sent out or, in the case of a contract for the provision of a service, within 14 days after the order is placed. If the Customer fails to pay then, subject to any statutory restrictions, AdventurousPeople.TV is entitled to charge the reasonable costs it incurs, as previously intimated to the Customer. The Customer is obliged to notify AdventurousPeople.TV immediately in the event of any inaccuracies in the payment information that he/she provides or notifies.
All prices exclude turnover tax (VAT) and other taxes and charges imposed by government, unless otherwise stated.
7. General restrictions on use
A.the User agrees not to distribute any part of or parts of the Website, including but not limited to any User Submissions, in any medium without the prior written authorization of AdventurousPeople.TV;
B.the User agrees not to alter or modify any part of the Website or any of the Services;
C.the User agrees not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or AdventurousPeople.TV Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
D.the User agrees not to use the Website or any Services for any commercial use, without the prior written authorization of AdventurousPeople.TV.
E.the User agrees not to collect or harvest any personal data of any User of the Website or any Service (and agree that this shall be deemed to include AdventurousPeople.TV account names);
AdventurousPeople.TV is constantly innovating in order to provide the best possible experience for its Users. The User acknowledges and agrees that the form and nature of the Website and Services which AdventurousPeople.TV provides may change from time to time without prior notice to the User. As part of this continuing innovation, the User acknowledges and agrees that AdventurousPeople.TV may stop (permanently or temporarily) providing the Website and/or Services (or any features within the Services) to the User at the sole discretion of AdventurousPeople.TV, without prior notice to the User.
8. User Submissions
As a AdventurousPeople.TV account holder a User may submit textual content to the Website. The registered User understands that whether or not such User Submissions are published, AdventurousPeople.TV does not guarantee any confidentiality with respect to any User Submissions. The User retains all of the ownership rights in the User Submissions, but the User is required to grant limited license rights to AdventurousPeople.TV and other Users. These are described in paragraph 10 of these Conditions (Rights the User licenses). The User understands and agrees that the User is solely responsible for her or her own User Submissions and the consequences of posting or publishing them. AdventurousPeople.TV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AdventurousPeople.TV expressly disclaims any and all liability in connection with User Submissions. The User represents and warrants that he or she has (and will continue to have during his or her use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable AdventurousPeople.TV to use his or her User Submissions for the purposes of the provision of the Services by AdventurousPeople.TV, and otherwise to use your User Submissions in the manner contemplated by the Website and these Conditions.
9. Content of User Submissions
There is a prohibition against placing content on the Website if, in the opinion of AdventurousPeople.TV, its nature, content or impact is:
- content in the field of pornography;
- content containing discrimination, slander, defamation and/or any provocation, exchange of abuse or incitement to hatred;
- content that might be felt to be threatening;
- content that (disproportionately) infringes on the privacy and personal life of a natural person;
- content infringing any intellectual property right, including copyright, belonging to AdventurousPeople.TV or to third parties;
- content that can be assumed to be in any other way illegal;
- content for commercial purposes;
- content that might interfere with the proper performance of a computer or computer network;
- content that is not in the spirit of or is incompatible with the editorial policy of AdventurousPeople.TV and/or that might (disproportionately) harm the interests of AdventurousPeople.TV and/or its employees.
The User agrees that he or she will not post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless he or she has a formal license or permission from the rightful owner to post the material in question and to grant AdventurousPeople.TV the license referred to in paragraph 10.1 below. AdventurousPeople.TV reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Conditions and may remove such User Submissions and/or terminate a User’s registration to the Community and any User Submission which is in violation of these Conditions at any time, without prior notice and at its sole discretion. The User understands and acknowledges that in using the Website and the Services, he or she may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AdventurousPeople.TV with respect to any such User Submissions.
10. Rights the User license
When a AdventurousPeople.TV account holder posts a User Submission to the Website or agrees to be interviewed by AdventuresPeople on film, the User grants:
A.to AdventurousPeople.TV, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, processes and perform that User Submission or said film (including but not limted to the personnal data shown on said film) in connection with the provision of the Services and otherwise in connection with the provision of the Website and the business of AdventurousPeople.TV, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
B.to each User of the Website, a worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Conditions.
The above licenses granted by you in User Submissions are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by the User as set out in paragraph 8 above.
11. AdventurousPeople.TV Content on the Website
The AdventurousPeople.TV Content is either owned by or licensed to AdventurousPeople.TV, and is subject to copyright, trade mark rights, and other intellectual property rights of AdventurousPeople.TV or the licensors of AdventurousPeople.TV. Any third party trade or service marks present on the AdventurousPeople.TV Content are trade or service marks of their respective owners. AdventurousPeople.TV Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of AdventurousPeople.TV, or the licensors of AdventurousPeople.TV. AdventurousPeople.TV reserves all rights not expressly granted in and to the AdventurousPeople.TV Content. As part of AdventurousPeople.TV’s intellectual property policy, AdventurousPeople.TV will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
12. Links from AdventurousPeople.TV
The Services may include hyperlinks to other web sites that are not owned or controlled by AdventurousPeople.TV. AdventurousPeople.TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party or third party websites. The User acknowledges and agrees that AdventurousPeople.TV is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. The User acknowledges and agrees that AdventurousPeople.TV is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
If the a registered User wants to terminate its AdventurousPeople.TV account, the User may do so by (a) notifying AdventurousPeople.TV at any time and (b) subscribing from the Membership area. The notice from the registered User should be sent, in writing, to the address of AdventurousPeople.TV which is set out at the beginning of these Conditions.
14. Exclusion of Warranties
Nothing in the Conditions shall affect any statutory rights which the User is always entitled to as a consumer and that the User cannot contractually agree to alter or waive.
The Services are provided “as is” and AdventurousPeople.TV makes no warranty or representation to the User with respect to them.
In particular AdventurousPeople.TV does not represent or warrant to the User that:
A.the use of the Website and/or Services will meet the requirements;
B.the use of the Website and/or Services will be uninterrupted, timely, secure or free from error;
C.any information obtained by the User as a result of his or her use of the Website and/or Services will be accurate or reliable;
D.that defects in the operation or functionality of any software provided to the User as part of the Services will be corrected.
No Conditions, warranties or other Conditions (including any implied Conditions as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Conditions.
15. Limitation of Liability
The total liability of AdventurousPeople.TV for culpable failure to fulfil the contract is limited to direct losses or damages. “Direct loss” is understood to mean only the reasonable costs that the User must incur in order to make the User’s performance coincide with the contract.
In cases other than those covered by this Article and to the fullest extend permitted by law, AdventurousPeople.TV may not be held liable for loss by Users, Customers or others, irrespective of the grounds upon which an action for compensation may be based.
In any event the total liability of AdventurousPeople.TV is limited to a maximum of the amount that the Customer most recently paid to AdventurousPeople.TV in payment for goods or services supplied in terms of the relevant contract.
The Conditions constitute the whole legal agreement between the User and AdventurousPeople.TV and govern the use of the Website and Services and completely replace any prior agreements between the User and AdventurousPeople.TV in relation to the Website and/or Services.
The User agrees that AdventurousPeople.TV may provide the User with notices, including those regarding changes to the Conditions, by email, regular mail, or postings on the AdventurousPeople.TV Website.
The User agrees that if AdventurousPeople.TV does not exercise or enforce any legal right or remedy which is contained in the Conditions (or which AdventurousPeople.TV has the benefit of under any applicable law), this will not be taken to be a formal waiver of the rights of AdventurousPeople.TV and that those rights or remedies will still be available to AdventurousPeople.TV.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Conditions is invalid, then that provision will be removed from the Conditions without affecting the rest of the Conditions. The remaining provisions of the Conditions will continue to be valid and enforceable.
17. Choice of Law and Choice of Forum
Any and all obligations between AdventurousPeople.TV and the User, as well as these Conditions, are governed by and construed in accordance with Dutch law, with the exception of the conflict rules under Dutch private international law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) is expressly excluded.
Any and all disputes concerning, arising from or related to a Service or any other agreement between AdventurousPeople.TV and the User that is governed in full or in part by these Conditions as well as any and all disputers concerning, arising from or related to these Conditions will be finally settled exclusively by the competent court of Amsterdam, the Netherlands.