Networking Application - Terms and Conditions
This document specifies the Euro-IX Networking Application Terms and Conditions (hereafter: “Terms and Conditions”).
Article 1: Definitions
In these Terms and Conditions, the following shall be understood to have the meanings assigned to them below:
- Euro-IX - European Internet Exchange Point Association, a membership association under Dutch law.
- Forum – Euro-IX organised event, such as the Euro-IX forum.
- The Application – The Euro-IX website and IXP Database available for iOS and Android and accessible by a web browser.
- Euro-IX Access account – Euro-IX’s single sign-on system, which allows anyone to use a single set of credentials to access Euro-IX services.
- User(s) – Anyone that Uses the Application.
- Use - Access, query, browse, view, download, delete or interact in any way with (part of) the Application or the data contained therein.
- User Data – User Profile, User Messages and User Meetings contained in the Application.
- User Profile(s) – Data about the User, including picture, name, job title, interests and calendar.
Article 2: General
2.1 These Terms and Conditions apply to the Use of the Application.
2.2 By downloading and/or logging in, the User confirms to have read and understood, and agrees to be bound by, these Terms and Conditions.
2.3 These Terms and Conditions may be subject to amendments. Euro-IX will send notice of such amendments to the email address associated with the User's Access account. By continuing to Use the Application, the User confirms to have read and understood, and agrees to be bound by, these amendments.
2.4 The Application may facilitate the Use of third-party services by the User, such as mobile calendar applications. These third-party services are subject to separate Terms and Conditions. The User may only use such third-party services upon the User's approval. It is the User's sole responsibility to review these third-party Terms and Conditions. The User understands that these third-party terms and conditions are not part of these Terms and Conditions.
Article 3: Use of the Application
3.1 To Use the Application, the User is required to have an active Euro-IX Access account.
3.2 To Use the Application, the User is required to create a User Profile. The User agrees that the full name and picture will be used from the User's Euro-IX Access account. Any additional information (such as contact details, job title and interests) may be changed and updated by the User. User Profiles will be shared with other Users. The User confirms that any information they provide is accurate, correct and up-to-date.
3.7 The Use of the Application for advertising, direct marketing and marketing research is strictly forbidden unless with prior written permission of Euro-IX.
3.8 Users shall not re-package, download, compile, re-distribute, reverse engineer or re-use any or all User Data, unless this is permitted as part of their Use of the Application.
3.9 The User shall not engage in any activity that interferes with or disrupts the Use of the Application.
Article 4: Privacy
4.1 All User Data will be stored on the Euro-IX infrastructure and processed in accordance with the Dutch and EU Data protection laws and regulations.
4.2 Euro-IX is using cookies. By agreeing to Use the Application, the User confirms that they are aware of the cookies Euro-IX is using, the purposes these cookies are used for as described in the Euro-IX Privacy Statement, and that they give their consent thereupon.
4.5 The User may delete the Application at any time. Upon deletion of the Application by the User, all User Data shall be deleted and cannot be retained.
Article 5: Control of Use
5.1 Euro-IX may perform security checks and audits to determine unauthorised Use of the Application. Unauthorised Use may include any Use in violation of these Terms and Conditions.
5.2 Users shall Use the Application in a way that shall not offend, abuse or harm Euro-IX or any other User. This includes, but is not limited to, sending spam messages or messages with harmful content or acting in any other way that is not received as acceptable behaviour. Any abusive incidents may be reported to Euro-IX at the email address firstname.lastname@example.org.
5.3 Euro-IX may terminate, suspend or restrict a User's Use of the Application at any time in its sole discretion for any period, particularly due to the User's failure to adhere to these Terms and Conditions. In such cases Euro-IX reserves the right to restrict this User's participation to the Meeting.
5.4 Euro-IX may suspend or cancel the access, operation, availability or liability of the Application to the User for technical, operational or maintenance purposes, upgrades, security fixes, deployment of new Services legal, security or anti-abuse, or for any other reasons within the scope of managing the operations of the Application.
Article 6: Liability
6.1 The Application will be available on a best-effort basis and Euro-IX shall not be liable for damages resulting from the unavailability of the Application, for instance when the Application is not accessible or cannot be Used.
6.2 The Use of the Application is at the Users' own risk. Euro-IX will not be liable for any inaccuracies. The Users shall be liable for all aspects of their Use of the Application including damages resulting from downloading, installing or using any software or from the Use itself.
6.3 Euro-IX is not responsible for personal information or any other private content the User chooses to make available through the Application.
6.4 Euro-IX shall not be liable for damage because of a failure to meet any obligation under these Terms and Conditions if such a failure is due to circumstances for which Euro-IX is not considered accountable to law, contract or trade custom. Euro-IX in any event shall not be accountable for failures to perform resulting from force majeure, including but not limited to interruptions or improper functioning of power of telecommunications facilities, power failures and defects in electronic lines of communication.
6.5 The User indemnifies Euro-IX for any third-party claims filed against it in relation to the User's Use of the Application or resulting from the non-performance by the User of any obligation arising out of these Terms and Conditions.
6.6 In no event shall Euro-IX be liable for any type of misuse or abuse by a User of the Application or for any damage caused thereof.
Article 7: Miscellaneous
7.1 The Use of the Application is subject to and conditional upon the adherence to these Terms and Conditions, the Euro-IX Privacy Statement, and the Copyright Statement. The Euro-IX Privacy Statement and the Copyright Statement, which may be revised and updated from time to time, form an integral part of these Terms and Conditions and apply fully to the Application.
7.2 Euro-IX intellectual property may only be used, reproduced and made available to third parties upon prior written authorisation from Euro-IX and in any case in accordance with the Euro-IX Copyright Statement.
7.3 The User grants Euro-IX a non-exclusive right to use, reproduce, distribute, display and perform the information (including the content) that the User uploads, sends or receives through the Application. The rights the User grants are for the limited purpose of operating the Application (such as to allow Euro-IX to display profile picture and send messages).
7.4 Any intellectual property rights on material that is written by third parties not employed or commissioned by Euro-IX and may be available on the Application remain with the third party. Euro-IX is not responsible for the content of any materials created or written by such third parties.
7.5 If any provision contained in the Terms and Conditions is held to be invalid by a court of law, all other provisions of these Terms and Conditions will continue to be in effect and enforceable.
Article 8: Governing law
These Terms and Conditions shall be exclusively governed by the laws of The Netherlands. The competent court in Amsterdam shall have exclusive jurisdiction with regards to disputes arising from these Terms and Conditions.