Terms of Use

Last update 01/07/2012 Please carefully read through these terms of use before you start to use Maxperience. These terms of use set out the way in which you may use the Maxperience services at maxperience.com and any related domains (the "site"), whether as a visitor or as a registered user. By using this site, you accept and agree to be bound by these terms. If you do not agree to the Maxperience terms of use please refrain from using the site. 1. Changes and modifications 1.1 Maxperience may, at our sole discretion, modify, amend or change these terms of use at any time. If we do this then the changes will be posted on this page and we will indicate the effective date at the top of the page. In certain circumstances, Maxperience may deem it appropriate to send an email to the site's registered users notifying them of any changes. You should regularly check this page to take notice of any modifications, amendments or changes. 1.2 If you do not accept any of the modifications, amendments or changes to these terms of use, you should stop using the site immediately. If you continue to use Maxperience following any modifications, amendments or changes to the terms of use being posted on the site, you will be deemed to have accepted and will be legally bound by the new terms of use. 2. Service access 2.1 By registering as a user on the site, you represent and warrant that you are not under the age of 16 and that you have the capacity to understand, agree to adhere to, and be bound by these terms of use. 2.2 Maxperience may be accessed on a temporary basis and Maxperience reserve the right to, at our sole discretion, withdraw, amend, modify or vary the services provided on the site without notice. You accept Maxperience will not be held liable if for any reason the service is unavailable at any time or for any period. 2.3 Maxperience is continually seeking to develop and improve the service. We may at our sole discretion, and without notice, restrict access for a period of time to some part(s) of the site or the entire site. 2.4 Maxperience can be accessed through the Internet or through mobile data services provided by certain mobile operators. You are responsible for making all the necessary arrangements to ensure you can access the site (including, but not limited to, any charges associated with such access). Maxperience shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the site through mobile services or any similar service currently known or developed in the future. 2.5 By accessing Maxperience or agreeing to receive messages or notifications from the site through your mobile phone and/or any other mobile media device you accept that you may incur charges from your wireless or mobile service provider. Maxperience shall not under any circumstances be liable for such charges. 2.6 Maxperience maintains, controls and operates the sites from its head offices in Amsterdam. We do not represent that any of the content on the site is appropriate or available for use in other territories. You accept that if you access the site from outside the Netherlands then you are solely responsible for compliance with all applicable local laws and regulations. 3. Non-registered users 3.1 Maxperience reserves the right at our sole discretion, to restrict non-registered users access to certain parts of the site and service. They will not have a profile page or the ability to upload any material, leave comments or be entitled to any other benefits enjoyed by registered users. In order to be able to access the entire Maxperience experience and take advantage of these services you must register as a user. 4. Registered users 4.1 You must be aged 16 or over to register for the site. 4.2 By registering as a user of the site you accept and agree to be bound by these Terms of Use and privacy policy. 4.3 In order to become a registered user you will be required to provide us with information about yourself. The information provided must be true, complete and accurate. As part of the registration process, you will be required to choose a username and password. Maxperience may refuse to grant your choice of a username if it has already been taken by another registered user, impersonates someone else, is or may be protected by copyright, trademark or other intellectual property laws, or is deemed by Maxperience in our sole discretion, as offensive or otherwise inappropriate. 4.4 You are solely responsible for all acts or omissions that occur under your registered account, including any User Material (as defined below) uploaded or submitted on to the site. For this reason you should make sure that you keep your password secure at all times. You agree not to disclose your username and/or password or authorize another person to use your account. If you become aware or believe that your account has been used without authorization by another person then you must notify Maxperience immediately. Maxperience shall then take any steps we deem appropriate to deal with this actual or perceived user account security breach. 4.5 Maxperience may at its sole discretion, deactivate any user account or user names that have been inactive for more than 180 days. 5. User material 5.1 Maxperience may now or in the future provide registered users with the opportunity to upload or submit material (including, without limitation, text, photographs, graphics, video or audio material and any underlying material) (the "User Material") to the site. You must comply with the User Material Standards set out in Section 7 below when you upload User Material on to the site, or make contact with other users of the site. 5.2 By uploading or submitting any User Material to any area of the site and in consideration of us making available to you the opportunity to upload or submit User Material to the site (which you acknowledge as a sufficient benefit to you), you unconditionally and irrevocably grant us a worldwide, non-exclusive, unrestricted, royalty-free licence (including the right to sub-license or assign) of the entire title, right and interest in and to such User Material so that Maxperience and any successor may, subject to these Terms of Use, use the User Material in any way, including, but without limitation, the right to edit, copy, modify, adapt, translate, reformat, create derivative works from, incorporate into other works, distribute, perform, play, commercialise broadcast, and otherwise make available to the general public such User Material (whether in whole or in part, or copies of the same) in any format or medium currently known or developed in the future, for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity. 5.3 You agree to waive any moral rights or any similar rights in any jurisdiction that you may have in and to any of your User Material, even if the User Material is modified, altered or changed in a way which is not agreeable to you. 5.4 You shall remain the owner of the copyright in any original User Materials that you submit or upload on to the site. The permission you have granted to Maxperience is not exclusive. You may continue to use the User Materials in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms of Use. 5.5 You warrant to Maxperience that: 5.5.1 The User Material is your own original work and you own the entire right, title and interest in and to the User Material and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use, any and all intellectual property rights in such User Material to enable us to use the User Material in the manner contemplated by these Terms of Use; and 5.5.2 Any User Material you submit or upload on to the site complies with the User Material Standards set out in Section 7 below. 5.6 When you upload User Material to the site it may become available to the general public. This means that both non-registered and registered users may be able to view your User Material. Maxperience shall be free at our sole discretion, to position your User Material anywhere on the site. 5.7 If you upload User Material to your profile page other users may be able to access and view this material. During the upload process you may choose to associate the User Material with a specific item, review or other link that will subsequently make it available to non-registered users. This will then mean that your User Material may be viewed by non-registered and registered users. 5.8 Maxperience has the right but is not obligated to, at our sole discretion and without notice, remove any User Material that you submit or upload on to the site. 5.9 We do not have any obligation to check the accuracy or truthfulness of the User Materials, nor to monitor any users' use of the site. 6. User material standards 6.1 You agree NOT to: 6.1.1 upload or submit User Material that is or may be interpreted as defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable or otherwise violates any rights of others including, but not limited to, their rights of privacy and publicity; 6.1.2 use the Site for any unlawful purpose. You must comply with these Terms of Use at all times and with all applicable laws and regulations; 6.1.3 upload or submit any User Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary right of any party or infringes any intellectual property law or otherwise is not compliant with any applicable law; 6.1.4 access the Site and its contents for any commercial or similar purpose, including advertising or selling any goods or services. Notwithstanding the previous sentence, the Site is provided solely for your own personal and non-commercial use only. Maxperience reserves the right at its sole discretion to remove any links at any time for any reason without providing you with any prior notice; 6.1.5 submit or upload User Material that is unlawful and/or promote and/or encourage any illegal activity, or that would violate the property rights of any third party; 6.1.6 submit User Material of any third party without that third party's prior written consent, or User Material that falsely express or imply that Maxperience or the Site sponsor or endorse such User Material; 6.1.7 submit any User Material that contains links to sites which Maxperience may in its sole discretion, deem to be unsuitable, such as pornographic, gambling or commercial sites; 6.1.8 collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other use in connection with your User Material or in connection with your use of the Site, unless you have obtained the express, prior written permission of such other person, firm or enterprise to do so; 6.1.9 impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users; 6.1.10 conduct or forward promotions, chain letters, surveys, contests, or pyramid selling schemes; 6.1.11 use another users' personal data for any purpose other than making contact with them, and it is reasonably expected this contact will be welcomed by such other users; 6.1.12 submit any material or do anything that results in the transmission of junk email, duplicative or unsolicited messages, chain letters, "spamming" or "phishing"; 6.1.13 submit or upload User Material containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information; 6.1.14 alter, adapt, modify, copy, or create a derivative work from any content on the Site; 6.1.15 modify, adapt, translate, reverse engine, hack or use any other means to retrieve or index any part of the Site, unless with the prior written authorisation of Maxperience; and 6.1.16 interfere with another user's use and enjoyment of the Site or use the Site in any other manner that could damage, disable, overburden or impair the Site. 7. Indemnity 7.1 You agree to fully and effectively indemnify Maxperience and any of its officers, directors, employees, agents, parents, subsidiaries, affiliates, representatives, licensors, suppliers and operational service providers from and against any and all third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor's fees) suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site or conduct other than in accordance with these Terms of Use or any applicable law or regulation ("Claim"). 7.2 You shall co-operate fully and reasonably as required by Maxperience in the defense of any Claim. Notwithstanding the foregoing, Maxperience retains the exclusive right and without your prior consent to settle, compromise and pay any and all Claims or causes of action which are brought against Maxperience under the terms of this Section 8 and in no event shall you settle any such action with Maxperience's prior written approval. 8. Abuse/Complaints 8.1 You can report any abuse or complain about content or User Materials on the Site by using the sending an email to feedback(at)maxperience.com outlining the abuse and or complaint. 9. Privacy policy 9.1 Maxperience processes information in accordance with our privacy policy. You must read and accept the terms of our privacy policy prior to using the Site. By using the Site, you agree to such processing and you warrant that all data provided by you is true, correct and accurate. 10. Links 10.1 The Site may contain links to other sites, resources and purchase opportunities provided by third parties. These sites may contain Materials which you may find offensive, objectionable, unlawful or inaccurate. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies which may differ from Maxperience's Terms of Use and privacy policy. The display of links to third party sites does not constitute an endorsement by Maxperience of any of the third party content information, sites, or resources provided. 10.2 You may provide a link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Maxperience's part where none exists. 10.3 Maxperience has no control over the contents of any third party sites or resources, and we accept no responsibility for them, including but not limited to, the third party site's compliance with the Data Protection Act 1998, Dutch Codes of Advertising and Sales Promotion and/or any applicable or equivalent legislation in the relevant jurisdiction. 10.4 Links to the Site do not imply that we support, approve, endorse, are affiliated with, or are associated with any linked site or that any linked site is authorised to use any of our intellectual property or those of any of our affiliates or licensors. 10.5 You must not frame any portion or pages of the Site on any other site. Maxperience reserves the right to withdraw linking permission without notice. The site from which you are linking must comply in all respects with the User Material standards set out at Section 7 of these Terms of Use. If you wish to make use of any material on the Site other than that set out above, please address your request to feedback(at)maxperiece.com 11. Copyright infringement 11.1 If you are a rightsowner (or acting on behalf of a rightsowner) and believe that any User Material infringes your copyright, you must provide us with a notice by sending a written statement including the information set out below (in the same order as set out below): 11.1.1 that you are the rightsowner or are authorised to act on the rights owner's behalf; 11.1.2 that you have identified User Material on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Material in the manner complained of is not authorised by you, the rightsowner's agent or by law; 11.1.3 a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); 11.1.4 a description of the way in which the copyright material has been infringed; 11.1.5 information reasonably sufficient to permit us to locate the User Material in question on the Site (including a URL specifying the date the Site was accessed and/or a screen shot); 11.1.6 information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details we also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably); and 11.1.7 that the information in the notification is true and accurate. Completed statements should then be sent to feedback(at)maxperience.com This 'notice and takedown' procedure is regulated by statute. There may be negative consequences if you falsely allege User Material is infringing copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Material, or whether there has been an infringement of your rights. 11.2 If you believe that we have removed User Material that you have uploaded to the Site in error, you may send us a written counter-notice including the information set out below (in the same order as set out below): 11.2.1 details of the Material that has been removed or to which access has been disabled; 11.2.2 information reasonably sufficient to permit us to know where the Material in question had been located on the Site (including a URL and/or screen shot); 11.2.3 a statement that you believe in good faith that the Material that you have identified has been removed by mistake and your reasons for believing this; 11.2.4 information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and 11.2.5 a statement that you agree to be contacted by the person (or an authorized representative of such person) who gave us the notice in the first place. Completed counter-notices should then be sent to: feedback(at)maxperience.com 11.3 Maxperience has a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer includes any user who has submitted two or more items of User Material for which Maxperience receives a copyright infringement notice in accordance with this section. You accept that if your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep Maxperience fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this section 12.3. 11.4 Maxperience has the right to disclose your identity to any third party who is claiming that any User Material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy or any other law. 12. Termination 12.1 We reserve the right at our sole discretion, at any time without liability and with or without prior notice to you: not to post any User Material on to the Site; 12.1.1 to remove, suspend or disable access to any User Materials; 12.1.2 to suspend or revoke your account registration (where applicable) and your right to access and/or use the Site or submit any User Materials; and 12.1.3 to make use of any operational, technological, legal, or other means available to enforce these Terms of Use, including, but without limitation, blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable). 12.2 Notwithstanding section 12.1 Maxperience will try to warn users that their access to the Site and/or their user account may be suspended or terminated. 12.3 You can terminate your account at any time by sending an email request to deleteaccount(at)maxperience.com. This will remove your profile and other personal information from view and prevent you from accessing the Site as a registered user. Once your registration is terminated Maxperience has the right to delete your account and any related User Material that you have submitted or uploaded on to the Site. 12.4 User Material that you have uploaded to the Site, other than personal information and information from your profile removed pursuant to Section 12.3 following termination of your account may still appear on the Site even after your registration has terminated. Pursuant to the licence granted at Section 5.2, Maxperience shall have the right to use your User Material anywhere on the Site as we, in our sole discretion choose. 12.5 The following sections shall survive any termination of your membership: Sections 5, 6, 7, 8, 12 13 and 14. 13. Intellectual property All information, data, text, documents, designs, graphics, logos, pictures, images, photographs, videos, software, interactive features, advertisements or other content, services or materials (or any part of them) on the Site are protected by copyright, trade marks, database rights and other intellectual property rights (whether registered or unregistered and including applications for the grant of any such rights) and are owned by or licensed to Maxperience or are otherwise used by us as permitted by applicable law or regulation. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any license or right for you to use the same other than as permitted in these Terms of Use. 14. Disclaimer of warranties and limitation of liability 14.1 The Site is provided "as is" and on an "as available" basis. You use the Site at your own risk. The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, Maxperience, other members of our group of companies and third parties connected to us expressly exclude: 14.1.1 All conditions, representation, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and 14.1.2 Any liability incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any sites linked to it and any User Material posted on it, including, without limitation any liability for: i. loss of revenue or income; ii. loss of profits or contracts; iii. loss of business; iv. loss of anticipated savings; v. loss of goodwill; vi. loss of data; vii. wasted management or office time; viii. loss of or damage to personal relationships; ix. for any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly. 14.2 Under no circumstances shall Maxperience, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives, of each of them (collectively, the "Maxperience Entities") be liable for any errors or omissions in the Sites' technical operations, even if foreseeable or even if the Maxperience Entities have been advised of the possibility of such damages whether in a contractual action, negligence, strict liability tort (including but not limited to, negligence, acts of God, telecommunications failure, or theft or destruction of the Site). Nothing in these Terms of Use limits or excludes the Maxperience Entities' liability for: (A) Death or personal injury caused by their proven negligence; (B) the tort of deceit; or (C) any liability which cannot be limited or excluded by law. 14.3 The Maxperience Entities are not responsible for any damage to any user's computer hardware, computer software, or other equipment or technology including, but 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. 14.4 As a user you accept that the site will not be uninterrupted or error free, that defects may not be corrected or that the site or the server that makes it available are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. 14.5 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the site, and expressly disclaim any liability for User Material submitted or uploaded by other users. 14.6 On Third Party Beneficiaries -- Medical and Legal Contributions: All Maxperience users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. Maxperience and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. In no event shall Maxperience or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Maxperience or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Maxperience nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Maxperience has provided certain disclaimer template language that Legal & Medical Contributors may edit and incorporate in their answers. Ethics rules differ by state, so we are not sure that this language will work for every attorney in every location -- especially since rules can change over time. Legal & Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state's rules. As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express. 14.6.1 Answers to Medical Questions - Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors. If you think you may have a medical emergency, call your doctor or your level emergency number immediately. i. Content is not a substitute for professional medical advice, examination, diagnosis or treatment. ii. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content. iii. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. iv. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. v. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information. vi. Content is not regulated by organizations like the Food and Drug Administration or any state or national or local medical board. Information posted to Maxperience publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor. 14.6.2 Answers to Legal Questions - Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content. i. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a post, reply, answer or any other way, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. ii. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation. iii. Content is not regulated by any state, national or local bar association. iv. Information posted to Maxperience publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish attorney-client relationship without the express consent of the Legal Contributor. 15. Survivorship and entire agreement 15.1 If for any reason any of these terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable. 15.2 These Terms of Use set out the entire agreement and understanding between Maxperience and you and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. 16. Waiver 16.1 No failure or delay by us in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. 17. Third parties 17.1 Except for Maxperience's affiliates, who are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as Maxperience, nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of use. 17.2 These terms of use are governed by Dutch law and the Dutch courts shall have exclusive jurisdiction over any claim arising from, or related to these Terms of Use and/or a visit to the site