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These Terms and Conditions of Use apply to the use of the Service as defined below. The use of the Service is reserved for clients of [company], hereinafter to be referred to as 'the Company'.
We advise you to read these Terms and Conditions of Use carefully in order to ensure you are aware of your rights and obligations when making use of the Social Wifi Hotspot of the Company. You can download and print these Terms and Conditions of Use www.socialwifinetwork.com/userterms.
The Company makes use of the services of SOCIALWIFINETWORK in relation to the Service. The Privacy Statement of SOCIALWIFINETWORK is therefore partly applicable to the Service.
Article 1 Definitions
1.1 In these Terms and Conditions of Use, the following concepts are spelled with a capital letter, both in the singular and in the plural. These concepts are defined as follows: SOCIALWIFINETWORK: the private limited company SOCIALWIFINETWORK, with its principle place of business at Huizermaatweg 600, 1276 LN, Huizen, the Netherlands; Service: the service provided by the Company to the User, as described in article 4.1; User: the natural person or legal entity wishing to make use of the Service; Terms and Conditions of Use: these terms and conditions of use; Log-in Details: the details provided by the User in order to gain access to the Social Wifi Hotspot; Intellectual Property Rights: all intellectual property rights and associated rights such as copyrights, trademark rights, database rights and related rights, as well as rights to knowledge and performances on a par with a patentable invention; Agreement: the agreement between the Company and the User with regard to the use of the Service; Party: one party (the User and/or the Company) to these Terms and Conditions of Use; Privacy Statement: the privacy statement of SOCIALWIFINETWORK, available via socialwifinetwork.com/privacy; Peripheral Device: the device with which the User makes a connection with the Social Wifi Hotspot; Router: the wireless network router that the Company has installed for the purposes of offering the Social Wifi Hotspot for use; Social Wifi Hotspot: the connection with the Router that is made available by the Company for use by the User.
Article 2 General
2.1 The Company and/or SOCIALWIFINETWORK is/are entitled at all times to modify and/or supplement these Terms and Conditions of Use. The most up-to-date Terms and Conditions of Use are brought to the attention of the User before use is made of the Service. If the User continues to use the Service after the modification and/or supplementation of these Terms and Conditions of Use, the User thereby irrevocably accepts the modified and/or supplemented Terms and Conditions of Use. If the User does not agree to the modified and/or supplemented Terms and Conditions of Use, his/her only option is to no longer use the Service.
2.2 Parties explicitly reject the applicability of any general or other terms and conditions of the User or of third parties regarding the use of the Service.
Article 3 Conclusion of the Agreement
3.1 The Agreement is concluded when the User accepts these Terms and Conditions of Use and uses his/her Log-in Details to log into the Social Wifi Hotspot.
Article 4 Use of the Service
4.1 The Service offers Users the opportunity to connect to the Internet by means of the Social Wifi Hotspot. The Service is explicitly not a public electronic communications service within the meaning of the Dutch Telecommunications Act.
4.2 In order to make use of the Service, the User must log in using his/her Facebook profile, enter his/her e-mail address, or make his/her details available to SOCIALWIFINETWORK in another way. The User is explicitly prohibited from using details other than the User's own personal details. Further information about the details of the User collected when use is made of the Service can be found in the Privacy Statement.
4.3 The User himself/herself is responsible and liable for all actions performed with the aid of his/her Log-in Details.
4.4 The User is not permitted to misuse the Social Wifi Hotspot. Misuse includes but is not limited to the following: a. Use that is contrary to any legal obligation, in particular a breach of the copyright of third parties; b. Use that could result in disruption to the Service; c. Use of file-sharing programmes; d. Use of programmes that use a lot of bandwidth, such as video VOIP services.
4.5 In the event of a suspicion of misuse within the meaning of article 4.4, SOCIALWIFINETWORK or the Company may be legally obliged to inform the appropriate authorities of that suspicion. Details of the User will be passed on to the appropriate authorities if SOCIALWIFINETWORK or the Company are legally obliged to do so or see any other reason to do so.
Article 5 Liability and indemnity
5.1 The User is liable for all the use that he/she makes of the Service. Whenever SOCIALWIFINETWORK or the Company suffer damage as a result of misuse within the meaning of article 4.4 or otherwise, the compensation for damage will be increased by at least â‚¬500 per instance of misuse causing damage. This does not prejudice the right of SOCIALWIFINETWORK or the Company to claim compensation for damage actually suffered.
5.2 The User indemnifies SOCIALWIFINETWORK and/or the Company against claims by third parties claiming that the User is infringing and/or has infringed the Intellectual Property Rights of these third parties. 'Claims by third parties' includes but is not limited to claims for compensation of damage, the costs of legal advice, and other costs connected with the claimed infringement.
5.3 The User is liable to SOCIALWIFINETWORK and/or the Company for, and completely indemnifies SOCIALWIFINETWORK and/or the Company against, all damage and costs which the Company suffers or incurs as a result of (i) an attributable failure in the performance of the Contract on the part of the User, (ii) any action on the part of the User when using the Service, or (iii) an unlawful act. All costs and damage incurred by SOCIALWIFINETWORK and/or the Company which are connected with these or similar claims are to be reimbursed by the User.
5.4 SOCIALWIFINETWORK and/or the Company may assume that the User is the actual person logging in with his/her Log-in Details. SOCIALWIFINETWORK and/or the Company is not liable for damage resulting from any unauthorized access to or use of the Service by third parties.
5.5 Access to the Service by a User is fully at the discretion of SOCIALWIFINETWORK. SOCIALWIFINETWORK and/or the Company is at all times, without prior notice and without being liable for compensation or in any other way to the User, authorized (i) to make procedural and technical changes and/or improvements to the Service; (ii) to permanently or temporarily take the Service out of use, limit the Service's use, or cancel the Service; In the event of, but not restricted to, breach of the Contract, actions that can lead to liability on the part of SOCIALWIFINETWORK, its employees or the Company, interruption of the access of other Users or networks, and contravention of the applicable legislation and regulations, and (iii) to block the User's access to the Service in connection with a suspicion of misuse within the meaning of article 4.4.
5.6 SOCIALWIFINETWORK and/or the Company is in no way liable for damage or in any other way to the User for any damage arising or resulting from the temporary, intermittent, or permanent unavailability or inaccessibility of the Website and/or the Service.
5.7 The User accepts that the Service only has those functionalities and other characteristics in effect at the moment of Use ('as is' basis). The Company expressly excludes any explicit or implicit guarantees, promises, and indemnifications of any kind, including but not limited to guarantees, promises, and indemnifications with regard to the quality, safety, lawfulness, and integrity of the Service, unless these Terms and Conditions of Use specify otherwise.
Article 6 Filters and security
6.1 The User acknowledges and agrees that SOCIALWIFINETWORK and/or the Company controls and limits the User's use of the Service by means of automatic systems. In particular, the techniques used to determine and prevent misuse within the meaning of article 4.4 may include but are not limited to the following: a. Layer7 filtering b. Blocking by means of firewalls c. Whitelisting/blacklisting IP addresses and/or domain names.
6.2 The data traffic between the Peripheral Device and the Router is sent without encryption. The User is personally responsible for securing the data traffic between the Peripheral Device and the Router against any unauthorized access by third parties.
6.3 The User is also personally responsible for securing the Peripheral Device against viruses, Trojan horses, and other forms of undesired access to the Peripheral Device.
Article 7 Privacy
7.1 While using the Service, the User is providing SOCIALWIFINETWORK and the Company with personal and other information. This personal and other information is processed in accordance with SOCIALWIFINETWORK's Privacy Statement and the applicable laws and regulations.
Article 8 Other provisions
8.1 These Terms and Conditions of Use and all use of the Service are governed by Dutch law. The provisions of the Vienna Sales Convention (CISG) are hereby expressly excluded.
8.2 All disputes arising between the User and SOCIALWIFINETWORK or the Company are to be brought before the competent court in the district of Amsterdam unless mandatory law determines that the dispute must be brought before another court.
8.3 In the event that these Terms and Conditions of Use are partially invalid, the User, SOCIALWIFINETWORK remains bound by the valid provisions of these Terms and Conditions of Use. The Company shall replace the invalid provision(s) by provisions which are valid and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms and Conditions of Use.