Delivery and subscription terms online magazine Yazzine
Yazuul BV, a Dutch company registered with the Chamber of Commerce under number 54673283 (“Yazuul.com”) offers online media software through the label Yazzine (“the Service”). Parties (“Partners”) who desire to use the software can register for a subscription and must thereby accept the terms and conditions below.
Article 1. Provision of the Service
1.1. Partners subscription will be deemed to constitute acceptance of these general conditions.
1.2. Any special provisions, derogating from these conditions, will be binding only if agreed in writing.
1.3. Yazuul expressly rejects the applicability of any general conditions of Partner.
1.4. Partner decides which data to deliver to the Service at its own discretion.
1.5. Yazuul will grant Partner access to the CMS for the Service. Partner can use this CMS to develop and publish online magazines.
1.6. Partner must treat the log-in information for his account in strict confidence. Yazuul may assume that all actions undertaken using this log-in information are authorized by Partner and occur under supervision and responsibility of Partner.
1.7. Partner may cancel the subscription and apply for a refund by written notice (e-mail to email@example.com) within 15 days after date of purchase.
Article 2. The Service
2.1. Partner will acquire a subscription to use the Service and the associated content management system. The Subscription will apply exclusively to use by Partner itself or by any private individuals and/or legal entities taking over or continuing the work from Partner, in the sense that, to such extent, they can be equated with Partner. Use of the Service by third parties will be permitted only with the prior written consent of Yazuul.
2.2. Yazuul will grant Partner the right during the term of the subscription to use the Service. To that end, Yazuul will provide Partner with a unique combination of login name and password.
2.3. Partner can use the login name and password to access a management account with which Partner can use the Service.
2.4. During the term of the subscription, the online magazines created by Partner, whether published or unpublished, will remain available. Furthermore, Partner will have access to the Yazzine ticket service to the extent necessary.
2.5. Partner will at all times be responsible for keeping the combination of login name and password provided to it confidential. Yazuul disclaims any liability for abuse by third parties.
2.6. Partner will at all times remain responsible for the content of the magazines published by him.
2.7. In the event of suspected infringement of third-party rights or punishable content, Yazuul will be entitled to render the magazines offline without any further notice being required.
2.8. The magazines published will remain visible and online throughout the term of the subscription. After termination of the subscription, Yazuul will not be under any obligation to retain information of any nature whatsoever. The published and unpublished magazines and other information will be removed, unless agreed otherwise in writing.
2.9. The available bandwidth for the magazines is limited by the chosen subscription plan. In the event of excessive data traffic - all at Yazuul's sole discretion - Yazuul may take technical or other measures.
2.10. In the event that Yazuul establishes excessive data traffic as referred to in paragraph 2.9 it will - in addition to taking technical or other measures, downgrade the Service.
Article 3. Quality of service
3.1. While Yazuul strives to have the Service available at all times, Yazuul does not provide any guarantees as to availability and functioning unless Partner and Yazuul conclude a separate Service Level Agreement with specific and explicit guarantees.
3.2. From time to time, Yazuul may create and make available changes, improvements, enhancements, extensions, additions, adaptations, translations or modifications (“Updates”) to the Service. Yazuul is under no obligation to create or make available any Updates.
3.3. Yazuul may temporarily disable access to the Service or parts thereof for the purposes of maintenance or provision of Updates to the Service. Yazuul will strive to schedule such maintenance or upgrades during times when average usage of the Service is low and will announce such maintenance or upgrades in advance if possible. However Yazuul cannot be held liable for any damages that may result from Partner’s or end users’ inability to use the Service during maintenance or upgrades.
3.4. Yazuul will inform Partner about significant Updates. However, as the Service is offered as a hosted service, Yazuul is under no obligation to refrain from implementing any Updates solely because of an objection by Partner.
3.5. Yazuul shall provide Partner with a reasonable level of support by means of e-mail and/or ticket mechanism for assistance and advice concerning configuration and use of the Service and any Updates.
Article 4. Responsible use
4.1. Partner accepts full responsibility for the content and use of the online magazine.
4.2. Yazuul reserves the right, in the event of violation of the Delivery & Subscription terms, to disable the online magazine either temporarily or permanently.
4.3. Partner grants Yazuul consent to access the online magazine at any time - without any prior written consent being required - for the purpose of technical support, the performance of maintenance work, or to verify that the use is in accordance with what has been agreed.
4.4. Partner will ensure that the online magazine does not contain any materials the existence, content, use or distribution of which is erotic, pornographic, contrary to public morality, vulgar, obscene, hurtful, offensive, indecent, threatening, rude, defamatory, improper, politically extremist, illegal, fraudulent or misleading in nature, or advertising any such material or conduct, either using hyperlinks or otherwise.
4.5. Partner hereby agrees in advance that Yazuul will disclose any information that may relate to illegal activities to the competent authorities without any prior (written) notice or request for consent to Partner being required.
4.6. Partner will refrain from all direct or indirect spamming, trolling, mail bombs, hacking or causing any other kind of nuisance.
4.7. Partner will be fully responsible in respect of the access data and any direct or indirect consequences of unauthorized use. Partner will ensure that the logins and passwords remain strictly confidential.
Article 5. Intellectual property provisions
5.1. All software, documentation and related content regarding the Service is and remains the property of Yazuul and its suppliers. Under no circumstances may Partner claim any intellectual property rights regarding any such content or any copies of (source code of) any software used by Yazuul.
5.2. All intellectual property rights regarding the content supplied by Partner for use in the Service is and remains the property of Partner and its suppliers.
5.3. Yazuul will be entitled to use any magazines published by Partner for its own promotional and/or publicity purposes.
5.4. In no event will Yazuul be under any obligation to make the source codes based on which the online magazine has been composed available to Partner.
5.5. Partner may not remove or alter any notice in respect of copyright, trademark, trade name or other intellectual and/or industrial property rights.
5.6. Under all circumstances will Partner be solely responsible for the lawful use of any text, image, video or domain name.
Article 6. Limitation of liability
6.1. Yazuul shall be liable to Partner only for damages arising out of its intentional misconduct towards Partner or materially negligent performance of any of its obligations under the agreement. In particular Yazuul shall not be liable for lost revenue or lost profits by Partner due to its failure to have the Service available at any particular point in time.
6.2. Yazuul shall not be liable for any consequential, special, punitive and/or incidental damages, including loss of profits or fines imposed by regulatory bodies, arising out of or in connection with this Agreement, even if advised of the possibility of such damages, except with respect to damages incurred as a result of the gross negligence or willful misconduct of Yazuul.
6.3. Any liability of Yazuul shall be limited to the last amount actually paid to Yazuul.
6.4. No liability shall exist for damages that have not been reported to Yazuul in writing within thirty calendar days of their occurrence, or for damages where Partner failed to take appropriate measures to limit such damages.
6.5. Partner shall indemnify, defend and hold harmless Yazuul against any and all losses, claims, damages, liabilities, actions, costs or expenses, including reasonable attorneys’ fees incurred by it in connection with any claim from third parties in connection with the Agreement, except as otherwise provided in this agreement.
Article 7. Change of terms
7.1. This agreement may be changed at any time. Yazuul has the right to unilaterally adapt or add to this agreement once every month. Yazuul shall announce such adaptations or additions to Partner at least one week in advance.
Article 8. Term and termination
8.1. This agreement shall enter into force upon registration by Partner through the Service (“the
Effective Date”) and remain so until terminated in accordance with the provisions of this article.
8.2. Either party may terminate this agreement if the other party materially violates any provision thereof, provided a proper notice of default has been served and after the reasonable term to cure the violation stated therein the violation has not been cured.
8.3. After termination, Partner shall return or destroy all copies of Yazuul confidential information as soon as is practical. Yazuul shall similarly return or destroy all copies of Partner confidential information as soon as is practical. Further, any amounts already paid by Partner but not used towards any part of the Service shall not be refunded.
Article 9. Miscellaneous
9.1. This agreement shall be governed by and construed in accordance with the laws of the Netherlands without consideration of its conflict of law provisions.
9.2. Any disputes arising out of or in connection with this agreement shall be brought before the competent courts for the principal place of business of Yazuul.
9.3. The parties enter into this agreement as independent contractors. No employment relationship is created by this agreement between Yazuul and Partner or any of their respective employees or agents. Neither party has the power to bind the other party or incur obligations on the other party’s behalf without the other party’s prior written consent.
9.4. In the event that any one or more of the provisions of this agreement is determined by a court of competent jurisdiction to be invalid, unenforceable, or illegal, such invalidity, unenforceability, or illegality shall not affect any other provisions of this agreement, and the agreement shall be construed as if the challenged provision had never been contained herein. The parties further agree that in the event such provision is an essential part of this agreement, they will immediately begin negotiations for a suitable replacement provision.
9.5. The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this agreement be taken or held to be a waiver of any further breach of the same provision.
9.6. Neither party may bring an action, regardless of cause or form, arising out of or related to this agreement more than one year after the date of discovery of the cause of action or the date of termination of this agreement, whichever is earlier.
9.7. The version of any communication as received or stored by Yazuul shall be regarded as authentic unless Partner provides proof to the contrary.
9.8. Any due dates or delivery dates indicated in this agreement shall be deemed to be non-fatal. While Yazuul will make every effort to meet such dates, Yazuul cannot be held responsible for its failure to do so. No compensation shall be due for any missed due date or delivery date.
9.9. Any requirement for a “written” statement can be fulfilled by using a digitized version communicated by e-mail, provided the identity of the sender and integrity of such electronic means can be determined with sufficient certainty.