Terms of Use of TSMembers.org – Membership Conduct
TSMembers.org is a product of Bax Art Concepts & Services, Amsterdam, registered at the Chamber of Commerce Amsterdam, no. 33164966.
Your use of TSMembers.org constitutes your acknowledgement and acceptance of these Terms of Use. These Terms of Use are applicable to the use of TSMembers.org and any agreement or (other) arrangement in connection with TSMembers.org or its services.
TSMembers.org reserves the right, at sole discretion, to change, modify, add or delete portions of these general conditions at any time without further notice.
Content:
1. General
2. Membership / Membership account/Registration data/Account security
3. Indemnification
4. Privacy policy
5. Trademarks / Proprietary rights in website content / Limited license
6. Disclaimers / User conduct
7. Standard pricing and payment policies / Credits system
8. Copyright complaints / Disputes / Termination of member’s membership by TSMembers.org
9. Termination
10. Applicable law and competent court
1. General
These conditions apply to all deliveries of TSMembers.org. Special conditions are only valid if confirmed in writing by TSMembers.org.
TSMembers.org provides services exclusively to members and exclusively by electronic delivery.
Other additional services, based on the source material on the site, are subjected to separate, additional transactions. These transactions are subjected to separate Terms of Use.
2. Membership / Membership Account / Registration Data/Account Security
2.1 A membership is bound to the criteria and rates mentioned on the website of TSMembers.org.
2.2 A membership comes about by filling out the digital application form and by compulsory consent to the Terms of Use. By subsequently sending the form electronically, a membership to TSMembers.org becomes effective.
2.3 Member confirms that he or she is older than 18 years and (a) provides accurate, current and complete information about him or herself as may be prompted by any registration forms on the website (“registration data”); (b) maintains the security of his or her password and identification; (c) maintain and promptly updates the registration data, and any other information he or she provides, to keep it accurate, current and complete; and (d) be fully responsible for all use of the account and for any actions that take place using the account.
2.4 Upon acceptance of the membership application TSMembers.org will provide member with a user identification.
2.5 Member is liable for all damages or costs resulting from (unauthorized) use of the user identification.
2.6 Member acknowledges and agrees that he or she is to keep confidential the user name and membership account provided, and the membership password selected by him or her and approved by us for use with such membership name and membership account. User name, membership account and membership password are personal and may not be shared with, or transferred to, any other person or entity.
2.7 Member acknowledges and agrees that member will be solely responsible for each and every use of member’s membership account, membership name and membership password, and that we may rely on the use of member’s membership account, membership name or membership password as conclusive evidence that member has used the website.
3. Privacy Policy
3.1 TSMembers.org will record the personal registration data provided by member to use in the database of TSMembers.org.
3.2 Member warrants and represents that Personal Registration Data provided, including without limitation, name, address and place of residence, e-mail address etc. shall be complete, accurate and current. Member warrants and represents that he or she is legally authorized to use TSMembers.org and its services in any way.
3.3 Member’s personal registration data will be used to enable TSMembers.org or other users of the website to conclude (further) agreements or (other) arrangements with member.
3.4 By providing personal registration data member consents to the use these, with due observance of the law, for activities such as analysis, improvement of the website and mailings of relevant information about the website or its services.
3.5 Member’s personal registration data will not be provided to third parties, unless necessary for technical reason or otherwise provided herein.
3.6 TSMembers.org may use so-called cookies or other technical means, including storage of member’s personal registration data and/or IP address, to personalize experiences with the website.
3.7 Within the framework of its policy to prevent abuse of de website, TSMembers.org may, in response to a substantiated request, provide member’s personal registration data to investigating officers and/or institutions charged with law enforcement.
4. Indemnification
4.1 Member agrees to indemnify, defend and hold TSMembers.org and affiliates harmless, as well as TSMembers.org’s affiliates’ respective officers, directors, employees, owners, agents, programmers, representatives, licensors and (sub)licensees (collectively “Indemnities”) from and against all claims, expenses (including attorney fees) or other liability arising from member’s breach of any of warranties or obligations under this agreement, and from any and all uses by him or her of the website (including any uses under member’s membership account or membership name, whether or not authorized by member), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any material or content whether or not intentional.
4.2 TSMembers.org shall have the right, in sole discretion, to control the defence of any claim, action or matter subject to indemnification by member with counsel of our own choosing. member shall fully cooperate with TSMembers.org in the defence of any such claim, action or matter.
5. Trademarks / Proprietary rights in website content / Limited license
5.1 TSMembers.org, TSMembers.org.org, and graphics, logos, designs, page headers, button icons, scripts and service names are (registered) trademarks or trade dress of TSMembers.org respectively of its licensors. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner without TSMembers.org’s prior written consent.
5.2 All rights of intellectual property relating to the information on the medium, print-outs, software, accessibility, the TSMembers.org database structure etcetera, including copyrights, trademarks and any rights on the legal protection of databases, rests solely with the publisher of TSMembers.org.
5.3 All content of TSMembers.org including designs, web design and programming, text, graphics, terms and conditions, logos, pictures, video, information and other files, and their selection and arrangement (the “website content”), are the property of TSMembers.org with all rights reserved. No website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
5.4 Provided that member is eligible for use of the website, he or she is granted a limited license to access and use the website and the website content and to print a copy of any portion of the website content to which member has properly gained access solely for personal, non-commercial use, provided that member keeps all copyright or other proprietary notices intact and adheres to the membership policy.
5.5 In the event member is a natural person, “personal, non-commercial use by member” means a use by member him/herself. In the event member is a legal entity, “personal, non-commercial use by member” means: use within the enterprise, organization or institution of member.
5.6 Member is not permitted without written permission from the copyright owner to multiply, or to have multiplied, the material or portions thereof in any form whatsoever. If member is a natural person, the member may produce copies from paper to paper exclusively for personal practice, study or use. If member is a legal entity, the member may only use duplicate articles by way of copy from paper to paper, if member has concluded an agreement with Reproduction Rights for the reprographic copying of articles from newspapers, news, or magazines and periodicals. These reprographic copies may only be issued to those working within the company, organization or institution of member.
5.7 The member is not permitted to make printouts or other material, in digital or any other form, from TSMembers.org available to third persons or parties through the (intra-) network of the member or to store them (or have them stored) in any way electronically, unless otherwise agreed in a special order confirmation.
5.8 In a (possible) order confirmation additional supplementary tariffs for licenses can be agreed upon. The additional surcharges apply in principle to all materials delivered, unless member can demonstrate and verifiably indicate to which materials the additional license is limited.
5.9 Member is not entitled to a transfer any of the rights and obligations to third parties. TSMembers.org is entitled to transfer the obligations under the agreement to third parties. member hereby declares to give TSMembers.org the authorization to do so. TSMembers.org will notify member of the transfer of its obligations.
5.10 To combat illegal use of material, all material has electronic watermarks or other identification marks. Both member, as the provider, and an illegal third party user risk a financial penalty.
5.11 Any unlawful disclosure and / or multiplication will result in a penalty of € 750, – per printed/downloaded/per screenshot acquired item, regardless of any other rights to TSMembers.org, cancellation of contract and damages. This fine is due immediately.
6. Disclaimers / User conduct
6.1 TSMembers.org is not liable for damages, which (in)directly stems from not selecting the right items. Choice and delivery of information is fully at the expense and risk of the member.
6.2 TSMembers.org accepts no liability for damages suffered by the member as a result of electronic transmission or any other kind of information transport, or for any direct or indirect consequences, which may be attributed to the use of the information provided.
6.3 TSMembers.org is entitled to work with third parties, and to have part of the work on the database be performed by others. These third party services are fully subject to these Terms of Use.
6.4 TSMembers.org is not responsible for the conduct, whether online or offline, of any user of the website.
6.5 The website and its services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to member or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the website or its services, including without limitation any of member mobile software.
6.6 Under no circumstances will TSMembers.org be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the website or its services, any user content or third party applications, software or content posted on or through the website or its services or transmitted to member or other users, or any interactions between users of TSMembers.org, whether online or offline.
6.7 We reserve the right to change any and all content, software and other items used or contained in the website and its services offered through the website at any time without notice.
6.8 In addition, member agrees not to use the TSMembers.org website or its services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website or to harvest or collect email addresses or other contact information of other users of TSMembers.org or its services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communication.
6.9 Member further agrees:
a) not to use automated scripts to collect information from or otherwise interact with the TSMembers.org or its services;
b) upload, post, transmit, share, store or otherwise make available any content that TSMembers.org deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
c) register for more than one user account, register for a user account on behalf of an individual other than member him or herself, or register for a user account on behalf of any group or entity, unless with granted permission and through institutional contractual agreement;
d) impersonate any person or entity, or falsely state or otherwise misrepresent member him or herself, member’s age or member’s affiliation with any person or entity;
f) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
g) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of TSMembers.org, is objectionable or which restricts or inhibits any other person from using or enjoying the website or its services, or which may expose TSMembers.org or the users of the website or its services to any harm or liability of any type.
7. Standard pricing and payment policies
7.1 Transactions on TSMembers.org shall be conducted in accordance with TSMembers.org’s pricing and payment policies for members, as published on the website.
7.2 Member is free to purchase the membership plan which member wants.
7.3 Purchase is done by using payment systems provided by TSMembers.org.
7.4 If member purchases a membership by using a credit or charge card or an online payment account, member warrants that member are the cardholder or account holder and that the billing information provided is accurate, and member authorizes TSMembers.org to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes.
7.5 Purchases are non-refundable, as the site only delivers information through electronic means. These ‘products’ are not subjected to consumer law which demand a period for refund.
7.6 TSMembers.org is entitled unilaterally to set prices annually and raising or lowering the costs for the services of TSMembers.org needed. If the price change exceeds 10% of the current membership rate, the publisher will notify the members in good time via e-mail. Member has the right e-mail to unsubscribe when the change in rates is more than 10%. The termination must have occurred before the change of rates is in force.
8. Copyright complaints / Disputes
8.1 All material published by TSMembers.org is fully subjected to the Law on Authorship of the country in which TSMembers.org resides, i.e. The Netherlands. Because of its nature Article 10 section 4 of the Author’s Law applies and therefore is fully copyrighted.
8.2 TSMembers.org highly respects the intellectual property rights of others. Please note that TSMembers.org has copyright arrangements with content providers and assumes no responsibility for any mistakes, legal and copyright disagreements, miscommunications or misunderstandings between those parties. If member’s complaints are not directly the responsibility of TSMembers.org, member will therefore be referred to the party responsible for that particular copyright. However, TSMembers.org will always respect and cooperate in the case of such a complaint.
8.3 Member is solely responsible for member’s disputes or (other) interactions with other users of TSMembers.org. TSMembers.org reserves the right, but has no obligation, to monitor disputes between member and other users.
9. Termination of member’s membership by TSMembers.org
9.1 TSMembers.org may terminate member’s membership account, delete member’s profile and any user content or (other) information member may have posted on TSMembers.org or prohibit member from using or accessing the website or its services (or any portion, aspect thereof) for any reason, or no reason, at any time in sole discretion of TSMembers.org, with or without notice and without limitation.
10 Applicable law and competent court of TSMembers.org
10.1 These general conditions or any agreement or (other) arrangement between member and TSMembers.org is construed under and governed by the laws of The Netherlands.
10.2 Any dispute between member and TSMembers.org in connection with these general conditions or any agreement or (other) arrangement between member and TSMembers.org shall be exclusively settled before court in Amsterdam, the Netherlands.