NAKKO TERMS OF USE

These are the Terms of Use of NAKKO BV. With it’s offices at Verrijn Stuartweg 26F in Diemen. Chamber of Commerce nuber 34281473, VAT number NL818401230, which apply to our services, as specified hereafter (“the NAKKO Service”).

These Terms of Use apply to all users, visitors and customers, including those who are (also) contributors of content, information, and other materials or services to whatever part of The NAKKO service. (hereafter collectively or individually referred to as: “Users”).

By using the NAKKO Service in any way whatsoever, you confirm to have read and understood the Terms of Use and agree to them. This also means that you guarantee that someone who is using your computer will also comply with these Terms of Use. NAKKO is entitled to amend these Terms of Use at any time without prior notification. The latest version of the term of use can be found on The NAKKO Service. They can also be requested by e-mail via TOS at www.nakko.com. If you continue your use of the NAKKO Service after any amendments, this will imply that you accept these amendments irrevocably.

If you are under the age of eighteen, we need you to have one of your parents read these terms of use and agree to them on your behalf. If you are under the age of thirteen, you are not allowed to make use of the NAKKO services.
1. The NAKKO Service

1.1 The NAKKO service consists of but is not limited to; the NAKKO website(s), wapsite and or applications and services active on the website of NAKKO’s partners,. NAKKO withholds the right to change any (part) of The NAKKO service without prior notice or approval of its Users.
1.2 Furthermore, NAKKO is entitled to take the NAKKO Service (temporarily) out of service without prior notification or to restrict the use of the service without having to state the reason to do so and without this resulting in any right towards NAKKO for damages,
1.3 NAKKO does not guarantee that the service is accessible at all times and without interruptions or breakdown.

2. Links to third party websites
The NAKKO service contains links to third party websites that are not owned or controlled by NAKKO. NAKKO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NAKKO will not and cannot censor or edit the content of any third-party site. By using The NAKKO service, you expressly relieve NAKKO from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave The NAKKO Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. User account
3.1 In order to make good use of The NAKKO service, you will have to create an account in the manner as described on the NAKKO website. NAKKO may at its own discretion decide whether or not to supply you with an account.
3.2 You are not allowed to use any other persons’ account and you should make sure nobody else can use your account. At all times, you are solely responsible for the activity that occurs on your account. You must notify NAKKO immediately if you suspect any unauthorized use or security breach of your account. In no event will NAKKO be liable for your losses caused by any unauthorized or faulty use of your account. You may be held liable for the losses occurring to NAKKO or others due to such unauthorized use.
3.3 When creating your account, you are required to provide true and accurate information. Violation of this rule may result into a temporary or permanent removal and or block from the service.
3.4 You agree that we save your details and use them in connection with the management of your account.
3.5 You can terminate your account at any required time according to the procedure as described in the FAQ section.

4. Restrictions of use
4.1 You are not allowed to use or offer any automated system that accesses The NAKKO Service in a manner that sends more request messages to The NAKKO Service than a normal User could or would do. NAKKO reserves the right to (temporarily) block or delete your account if NAKKO expects any automated use (for instance but not limited to “site-sucking”). NAKKO reserves the right to press legal charges against any person or entity that has conducted illegal use of the NAKKO service.
4.2 Notwithstanding the foregoing, NAKKO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NAKKO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from The NAKKO Service, nor to use the communication systems provided by The NAKKO Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of The NAKKO Service with respect to their Uploads.
4.3 Furthermore, you will only use NAKKO for purposes which do not contravene the law. In addition, it is not allowed (i) to perform any act which at our discretion (might) monopolise(s) our infrastructure in an unreasonable or disproportional manner; (ii) to copy, reproduce or change files, data and/or materials which are available via NAKKO or to create derivative works from it or disseminate it without our prior written explicit consent and/or of the appointed third party, as appropriate; (iii) to hinder or attempt to hinder the proper operation of the NAKKO Service; (iv) to collect data about Users of NAKKO; or (v) to use data about Users of NAKKO with the aim of sending spam or to facilitate the sending of spam; (vi) to use NAKKO for commercial purposes without the prior written consent of NAKKO.

5. Intellectual Property Rights
5.1 You acknowledge and agree that the content available through the NAKKO Service – including but not limited to, the servcies, text, graphics, photos, sounds, music, videos, interactive features, software and the like (hereafter: “the Content”) and the trademarks and logos contained therein, is owned by NAKKO and/or its Users and are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademarks and patents.
5.2 Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the NAKKO Service is limited to what has been described in these Terms of Use. You will not perform any acts which infringe on any intellectual property rights. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet 1912).
5.3 It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.

6. Content
6.1 Under the conditions as set out in these Terms of Use, NAKKO grants you a limited, personal, revokable, non-exclusive, not sublicensable, non-transferable right to use the Content in the manner and the format as presented on the NAKKO website.
6.2 Content on The NAKKO service is provided to you for personal and non-commercial use only. The content is offered AS IS and may not be used, copied, modified, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Uploads of third parties obtained through The NAKKO Service for any commercial purposes.

7. User uploaded content

7.1 You as a User are solely responsible for the material that is uploaded and or shared via your account. You acknowledge that NAKKO merely acts as a technical platform allowing you to upload and share information to which you hold the full ownership and, or at least all necessary legal rights and licenses to have the material stored in your locker and or share it with others using the service. Notwithstanding the foregoing, NAKKO reserves the right delete items from the service. (for example but not limited to, when NAKKO expects the items to be in breach of IPR.).
7.2 To the extend that The NAKKO Service allows the uploading of content and or communications and other Users (hereafter: “Uploads”) and the hosting, sharing, and/or publishing of such Uploads, you understand that whether or not such Uploads are published, NAKKO does not guarantee any confidentiality with respect to any Uploads. You have sole responsibility for your Uploads and the consequences of posting or publishing them. In connection with your Uploads, you affirm, represent, and/or warrant that you hold all ownership rights in your Uploads. For content to which you hold the usage rights, including the right to make a copy for personal use, but you do not hold the rights to distribute, you should make sure the content is uploaded and stored as a “private” item allowing no other person to see or get the content item. If or whatever (technical) reason the item is visible or downloadable by other people it is your sole responsibility to delete the content item from your locker and inform NAKKO about the possible breach of IPR.
7.3 By Uploading the Uploads to NAKKO (without the strict private settings), you automatically grant NAKKO a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to – and to allow third parties to – use, reproduce, distribute, prepare derivative works of, display, and perform the Uploads in connection with the NAKKO Service and NAKKO’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the NAKKO Service (and derivative works thereof) in any media formats and through any media channels.
7.4 You acknowledge and agree that the files, data and/or materials you have made available to NAKKO will be used by other Users of NAKKO. NAKKO does not accept any liability for the compliance by the Users of NAKKO with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to NAKKO, are used in a manner which is contrary to or is not provided for in these Terms of Use. NAKKO is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party.
7.5 You guarantee to NAKKO that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 7.3 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify NAKKO and all its affiliated companies and persons and also the Users of NAKKO against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in these Terms of Use. All the costs incurred and damage suffered by NAKKO in any way in connection with these claims will be reimbursed by you.
7.6 In connection with Uploads, you further agree that you will not, among others:

➢ Upload material that is (partially) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NAKKO all of the license rights granted herein. Upload any content item that can damage any third party or NAKKO.
➢ Upload any content item that can damage any third party or NAKKO.
➢ Upload and or store material that is unlawful, obscene, pornographic, harassing, hateful, threatening, racially or ethnically offensive, or that encourages conduct that would be considered as a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
➢ Upload or post advertisements or solicitations of business.
➢ Impersonate another or a non existing person. NAKKO does not endorse any Upload or any opinion, recommendation, or advice expressed therein, and NAKKO expressly disclaims any and all liability in connection with Uploads.

7.7 NAKKO does not permit copyright infringing activities and infringement of intellectual property rights on its NAKKO Service, and NAKKO will remove all Content and Uploads if properly notified that such Content or User Submission infringes on another’s intellectual property rights or is otherwise illegal.

8. Upload removal

8.1 NAKKO reserves the right to remove all kind of uploads including but not limited to Content, Comments, forum posts without prior notice. NAKKO also reserves the right to terminate a User’s access to its NAKKO Service if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity at least twice and/or has had an Upload removed from the NAKKO Service at least two times. NAKKO also reserves the right to decide whether Content or an Upload is appropriate or not and whether it complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene material, or material of excessive size or length. NAKKO may remove such Uploads and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
8.2 In particular, if you are a copyright owner or an agent representing one and believe that any Upload or other content usage and or sharing infringes upon your intellectual property rights, you may submit a notification to copyrights@NAKKO.com and provide us with the following information in writing:

1. the name and signature of the person who’s exclusive right or who’s representing right is allegedly infringed;
2. Identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. correct and sufficient contact Information to permit the service provider to contact you, such as an address, telephone number, and an electronic mail;
5. Solid reasoning why you belief the identified material is infringing IPR and which type of IPR it is infringing on.
6. A clear statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
7. A clear statement that the information in the notification is accurate;
8. A clear statement that, under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.3 You acknowledge that if you fail to comply with all of the requirements of this Section 8, your infringement claim may not be valid.

9 Usage

You understand that when using the NAKKO Service, you will be exposed to Uploads from a variety of sources, and that NAKKO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Uploads. You further understand and acknowledge that you may be exposed to Uploads that are inaccurate, offensive, indecent, or objectionable and agree to indemnify and hold NAKKO, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

10 Discontinuation of Services

In addition to the other (legal) remedies at NAKKO’s disposal, we are entitled to restrict your activities in connection with the NAKKO Services, to discontinue and/or remove your account temporarily or permanently, remove files, data and/or materials, notify Users of your activities, send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that: you act contrary to these Terms of Use; we are not able to verify or identify any data provided by you to us; we hold the view that your acts may inflict damage or create liability to yourself, to other Users or to NAKKO. NAKKO will not have any liability whatsoever in this respect.

11. Privacy

We will use and process your personal details in accordance with our Privacy Policy

12. Warranty and Liability Disclaimer

You agree that your use of the NAKKO Service shall be at your sole risk. To the fullest extent permitted by law, NAKKO, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service, the website and your use thereof. NAKKO makes no warranties or representations about the accuracy or completeness of this site’s Content and Uploads or the content of any sites linked to this site and assumes no liability or responsibility, nor shall NAKKO, its officers, directors, employees, or agents, in no event be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting, for example, from any

1. Mistakes, inaccuracies of Content and Uploads or improper of faulty character of these Uploads;
2. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
3. Any interruption or cessation of transmission to or from our service;
4. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service by any third party;
5. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
6. Any errors or omissions in any Content or Uploads or for any loss or damage of any kind incurred as a result of the use of any Content or Uploads transmitted, e-mailed, IM-ed, posted or otherwise made available via the NAKKO Service. NAKKO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through The NAKKO Service or any hyperlinked website or featured in any banner or other advertising, and NAKKO will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

You specifically acknowledge that NAKKO shall not be liable for uploads or any offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The NAKKO service is controlled and offered by NAKKO from its facilities in the Netherlands. NAKKO makes no representations that The NAKKO service is appropriate or available for use in other locations. Those who access or use The NAKKO service from other jurisdictions do so at their own free will and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify and hold harmless NAKKO, its parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. your use of and access to the NAKKO Services;
2. your violation of any term of these Term of Use;
3. your violation of any third party right, including without limitation any property, privacy or intellectual property right;
4. Any claim that one of your Uploads caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the NAKKO Service.

14. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as The NAKKO service is not intended for children under 13.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NAKKO without restriction.

16. General

16.1 The NAKKO Service shall be deemed solely based in the Netherlands;
16.2 The NAKKO Service shall be deemed a passive service that does not give rise to personal jurisdiction over NAKKO, either specific or general, in jurisdictions other than The Netherlands;
16.3 These Terms of Use shall be governed by Dutch law. Any claim or dispute between you and NAKKO that arises in whole or in part from The NAKKO Service shall be decided exclusively by a Dutch court of competent jurisdiction located in Amsterdam, the Netherlands;
16.4 These Terms of Use, together with the Privacy Policy and any other legal notices published by NAKKO on the NAKKO Service, shall constitute the entire agreement between you and NAKKO concerning the NAKKO Service;
16.5 If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, Which shall remain in full force and effect;
16.6 No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NAKKO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision;
16.7 NAKKO reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of The NAKKO service following any amendment of these Terms of Use will signify your assent to and acceptance if its revised terms;
16.8 You and NAKKO agree that any cause of action arising out of or related to The NAKKO service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.