Terms of Use of The Upgrade Society B.V.

 

1) Applicability and Object

The following terms of use apply to the software and all related  offered by The Upgrade Society B.V. (‘The Upgrade Society’), a matching platform connecting you with our services offering projects (‘The Upgrade Society ’). These terms of use (‘Terms’) shall define the terms which the user, you (‘you’ or ‘your’) will have to apply using The Upgrade Society , independent of the location where they will be accessed (i.e. in the Netherlands or outside).

By registering with The Upgrade Society and thus obtaining the right to use The Upgrade Society , you explicitly state to have read and understood these Terms and to have agreed to the application of these Terms. In case you do not agree, registering is impossible and you will be unable to use The Upgrade Society . Persons under the age of 18 are not authorized to use The Upgrade Society .

 

2) Terms of Use of The Upgrade Society

1. Description

The Upgrade Society offers a matching platform to bring together project teams and / or groups of people with the same interest or development needs. It does this by making a variety of initiatives visible in a visual environment.

For the organizations or ecosystems that use The Upgrade Society, it is the ultimate way to get an overview of the right teams in relation to the various initiatives within the organization / ecosystem. The Upgrade Society can be used extremely well for matching project aand innovation teams. In addition, different variations of initiatives in the environment can be published. Think of knowledge groups, events, development processes.

For the professional it is the ultimate business navigator. In one overview can be seen which relevant initiatives are happening around you and which possible new collaborations can be started that contribute to the organization / ecosystem development, but also to professional growth.

 

a) Registration

In order to use The Upgrade Society , you will have to register using a personal username and password.

b) Own Profile

Next you will be invited to add various data and answer a few questions in order to generate a clear and structured personal profile.

c) Project Details

You will be able to join and create your own initiatives therefor related information will be needed to create such.

d) Project interest

After completing your profile, matching initiatives will be automatically generated and presented in a graphical overview. Should you be interested in one of these initiatives , you will be invited to indicate interest. You will be able to immediately show your interest.

 

2. Your Obligations

a) You are personally responsible for the content of your profile.

b) Registration confirms you obtained license from the owners of copyright, service protection and other rights required. You confirm to possess all legal rights for publication of pictures, documents, information and data made available on our website. You must confirm that all data used for The Upgrade Society  are true and correct.

c) You will use The Upgrade Society  in a legal manner. You are not allowed to post or make available any sexual, pornographic, immoral, overtly political or illegal content in any communication. You are not allowed to create profiles for third parties or to infringe any third-party rights.

d) You undertake to protect and to keep your password confidential and to use it in a secure and legal manner.

e) You are obliged to treat e-mails and any messages or other user data received in connection with The Upgrade Society  and the platforms provided by The Upgrade Society confidentially. You will not make them accessible or available to third parties without the consent of the originator.

f) You will use The Upgrade Society  only to present yourself and to apply for projects published by our Services and will not exploit usership in any manner, unless previously and explicitly agreed between you and The Upgrade Society.

g) You will refrain from any action that might negatively impact The Upgrade Society ’ functionality and infrastructure or cause system overload.

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3. Violation against these Terms

a) The Upgrade Society is allowed to use any techniques available to check whether personal profiles are in compliance with these Terms.

b) Violation of these Terms will result in blockage or deletion of your account in its entirety and immediately terminate your license. You will not be allowed to continue using The Upgrade Society .

c) Posting of illegal content will result in deletion without prior notice. In case of tort or damages, The Upgrade Society may forward your personal data to responsible authorities. The Upgrade Society assumes no joint liability for profile content or any communication.

d) The Upgrade Society reserves the right to assert claims for compensation as a result of breaches of these Terms and other legal offences.

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3) Availability

The Upgrade Society reserves all rights to update, change, interrupt or discontinue in any way all or individual features of The Upgrade Society Service either temporarily or permanently with or without previous notice. Nevertheless, either The Upgrade Society or our Services will take all reasonable effort to provide information in case your application will not be further processed. Please note that The Upgrade Society is not liable to you or third parties concerning change, interruption or discontinuation of personal or all The Upgrade Society .

The Upgrade Society will make reasonable effort to assure maximum possible server availability. However, please be advised The Upgrade Society cannot guarantee 100% availability.

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4) Copyright and other protective rights

All The Upgrade Society content is protected by copyright. Unauthorized copying of content and publication is not allowed and will result in legal action and cessation of The Upgrade Society .

Registration according to par. 2 section 1a (see above), does not constitute any transfer of title or usage rights, licenses or other rights to user. All rights to codes, titles, brands, trademarks, copyrights and other commercial rights held by The Upgrade Society remain with The Upgrade Society without restriction, except your personal right to use The Upgrade Society  during the time of registration.

The Upgrade Society reserves all rights to their matching technology and databases. It is therefore forbidden to block, modify or copy (parts of) The Upgrade Society websites, databases or technologies. you are only allowed to use platform and The Upgrade Society  in accordance with these Terms.

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5) Data Protection

You explicitly agree our data protection policy as outlined here.

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6) Warranty

You are aware it is impossible to develop software which is entirely error-free. The Upgrade Society will make every effort to prevent or remove flaws. The Upgrade Society will try to correct and improve The Upgrade Society software as soon as a comprehensive description of flaws has been received.

The Upgrade Society cannot provide any warranty in case an error cannot be traced, reproduced or proven based on computer readouts.

Concerning data used, The Upgrade Society is can only be held responsible for usage of virus-free data using conventional anti-virus software. Any extended liability regarding errors or damages due to viruses is excluded.

You are not entitled to any claims in case you fail to comply with your obligations as stipulated in these Terms.

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7) Limitation of Liability

Irrespective of the legal basis, The Upgrade Society’s liability is limited to damages caused intentionally or due to gross negligence. However, this limitation does not apply to any injury or harm to life, body or health or, to a breach of major obligations.

Where The Upgrade Society is liable as a result of simple negligence, a compensation claim shall be limited to such damage as must be reasonably expected and to maximum monetary compensation of € 2000.

Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of user or loss of profit shall be completely excluded.

If and to the extent The Upgrade Society’s liability is excluded or limited, such exclusion shall also apply to any personal liability of The Upgrade Society’s employees, project holders, workers, representatives and agents.

It is understood that all project offers are published by our services; The Upgrade Society is neither liable for any legality or any content of these project offers nor for any kind of ensuing damage.

It is agreed that the current state of technology cannot rule out errors in the program, even if great care is taken, and that uninterrupted, error-free operation and the complete removal of program errors cannot be guaranteed.

The Upgrade Society excludes any guarantee for The Upgrade Society  or functionality of their website and cannot be held responsible for correctness, suitability, reliability, punctuality or precision of content.

If its website and/or the functionality of The Upgrade Society Service is impaired, interrupted or unavailable as a result of force majeure, strike, lockout, operational disruption or structural damage, The Upgrade Society will not be liable.

The Upgrade Society’s liability for unauthorized, non-purposeful obtainment of knowledge of personal user data by third parties (e.g. through unauthorized access by ‘hacking’) or information provided by the users themselves to third parties, e.g. by making available a password shall be excluded.

Please be informed that The Upgrade Society will not be liable for any content provided by you or any other users of The Upgrade Society Service.

The Upgrade Society shall not be liable for any damages to your computer systems, or offences or damages to you caused by Services.

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8) Changes to these Terms

The Upgrade Society reserves the right to redesign, amend or change these Terms.

The Upgrade Society will inform you as much as possible and in a timely manner of changes to these Terms.

If you do not object to a change within a term – and you must notify within two weeks after the day following any notification has been received – The Upgrade Society will have the right to assume you approve to changes.

You must approve to the most recent version of these Terms. Should you not agree and/or fail to notify as mentioned in section 2, The Upgrade Society reserves the right to terminate your license and you will be unable to use any The Upgrade Society .

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9) Other Terms

The Upgrade Society may exclude you from further use of individual or all features of the The Upgrade Society Service or reject individual profiles without observing a notice period or quoting reasons.

However, if you continue to use the The Upgrade Society Service, using a different identity or if you try to enter into any future license contract with The Upgrade Society, The Upgrade Society reserves all rights to take any legal action.

You agree that all communication with the The Upgrade Society  staff or management is e-mail, unless defined otherwise by law.

The contractual relationship between you and The Upgrade Society hall be governed by Dutch law under the exclusion of UN law on the sale of goods, with the provision that The Upgrade Society proprietary rights are protected by the local applicable law around the world.

As far as legally allowed, the exclusive venue for all disputes arising from this contract shall be Venlo, Netherlands.

Should single provisions of this contract be or prove to be invalid, the binding force and effectiveness of all other provisions of this contract shall remain unaffected.

This version is dated: August 2020