Terms of use Favolane

Questions

In case you have questions regarding these terms and conditions and/or regarding the processing of your personal data, you can contact us by sending an e-mail to support@favolane.com.

General terms of use

First of all we set out some general terms of use:
- You are not allowed to use our service and our infrastructure in any way resulting in damage for third parties or for us, or resulting in a complete or partial unavailability of the service.
- You are not allowed to access the service by using the account credentials of third parties, by using forged credentials or by circumventing any technical security measures, regardless whether these measures are adequate or not.
- You are not entitled to distribute viruses nor other software within the service with undesired results like trojans, malware, worms and backdoors. You are not entitled to use the Service to send (commercial) unsolicited messages (spamming).
- You will administer the credentials to use the service given by us as a good administrator. It is not allowed to disclose the credentials to third parties.
- You are not allowed to act in noncompliance with any law or regulation, nor to infringe any intellectual property rights.
- In case you do not adhere, we are entitled, without being liable for damages and without being obliged to compensate, to block your account.

Intellectual property rights

The intellectual property rights of our service remain vested in us. However, we hereby grant you a license to use the our service. You can only use the service for your own personal use. This mean you can not use our service commercially.

Third parties

Our service talks to different application programming interfaces of social media platforms of third parties. You acknowledge that this means that our service is always subject to changes. In case we change functionality, add or remove connections to different social media platforms, we can not be held liable for damages and or compensation. You accept the functionality of our service “as is”.

However, we always try to make our service better.

Liability and indemnification

WE ARE KEEN TO LET OUR SERVICE RUN AS SMOOTH AS POSSIBLE. HOWEVER SOMETHING CAN ALWAYS GO WRONG. IN CASE SOMETHING GOES WRONG WE ARE NOT LIABLE FOR DAMAGES. IN CASE THIS LIMITATION OF LIABILITY IS NOT LAWFUL, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID (SALES TAX INCLUDED) TO MAKE USE OF OUR SERVICE. THE TOTAL LIABILITY OF US WILL NEVER EXCEED THE AMOUNT OF € 10,-.

THE LIMITATIONS OF LIABILITY AS SET OUT ABOVE ARE FOR ANY SHORTCOMING, REGARDLESS WHETHER YOUR CLAIM IS BASED ON TORT OR BREACH OF CONTRACT. THE LIMITATIONS OF OUR LIABILITY DO NOT APPLY IN CASE OF CONSCIOUS RECKLESSNESS OR WILLFUL MISCONDUCT OF OUR TOP LEVEL MANAGEMENT.

You indemnify us for all sort of damages and or claims of third parties regarding you not adhering to these terms of use.

Since we are a start up, and we don’t know if our service is viable or bankable, we are entitled to discontinue the service at any time without being liable to compensate nor to indemnify for damages.

We can not warrant that our Service will always be available for you. However, we try to minimize any non-availability.

Privacy

We respect your privacy. We will process your personal data in accordance with the applicable legislation and regulations. However, in the future we might want to share information with third parties. This information (and not data) will always be anonymous and on a aggregated level. For example: a company that wants to know how many women in a certain region liked its image and/or photo.

We warrant that our (virtual) servers on which the (personal) data is residing are always located in the region of the European Union. In case we do business with a company outside the European Union, and those companies process (personal) data, we warrant that those companies adhere to the Safe Harbor Principles. For more information regarding the Safe Harbor Principles you can follow next URL: http://export.gov/safeharbor

Jurisdiction

These terms of use are subject to the laws of The Netherlands. All disputes will be settled exclusively by the competent court in Rotterdam, Netherlands, unless the district court (In Dutch: “kantonrechter”) is allowed to take notice of the dispute, in that case the dispute will be submitted to a competent district court. You have the right to submit a dispute to a court competent by operation of law within 30 (thirty) days after we invoke the right to submit the dispute in accordance with the first sentence of this paragraph. But before we or you have to submit a dispute, we will first try to settle it together.

Definitions

In the following section we define some words used in these terms of use.

- Service: our service which enables you to keep track of your likes. The service consists of a mobile app and the website.
- Us/our: the Dutch company “Favolane” registered at the Dutch chamber of commerce under number 55999506.
- You: you, the user of our service.