General terms and conditions Yuki Social Studio
1. Definitions
In these General Terms and Conditions, the following definitions apply:
2. Applicability
1. All legal relationships with Yuki Social Studio are exclusively governed by these General Terms and Conditions. General terms and conditions applied by the User(s) and other stipulations (deviating from the General Terms and Conditions) are expressly rejected by Yuki Social Studio.
2. By using the Platform, the User accepts these General Terms and Conditions.
3. Offer
1. Yuki Social Studio publishes the Offer on behalf of Third Parties on the Platform, in accordance with the information provided by Third Parties, or based on information and experiences of Yuki Social Studio.
2. Yuki Social Studio accepts in all cases no responsibility or liability for the content of the Offering and of the information on the Platform.
3. Information from or derived from the Platform may not be reproduced or made available to third parties for inspection without the consent of Yuki Social Studio.
4. Misuse of Platform
1. The use of the Platform is not permitted for acts or conduct that violate laws and regulations, public order and morality. More specifically, it is not permitted to spread indecent, immoral or discriminatory expressions via the Platform.
2. Furthermore, the User is not permitted to:
a. deassemble, decompile or subject it to reverse engineering;
b. to use the Platform for commercial purposes;
c. connect to a network through which other devices can use the Platform;
d. make it available to third parties in any way;
e. use it to send excessive data or messages, spread viruses and other harmful software;
f. to be used in a manner that may be detrimental or harmful to Yuki Social Studio.
5. Maintenance and adjustments
1. Yuki Social Studio will make every effort to ensure that the Platform functions properly and with care, but will and can never guarantee that the Platform will be available at all times, continuously and without interruption.
2. Yuki Social Studio maintains the Platform and may release updates to make adjustments, add new functionalities or improve performance.
3. Yuki Social Studio has the right to change or remove information or functionality on the Platform.
6. Provision of information by User
1. By contributing information to the Platform, User agrees that this information may be shared with other Users in accordance with the terms and conditions set out in the Privacy Statement.
2. User is obliged to make available all information and documents, which Yuki Social Studio believes it needs for the correct performance of the Service and of a legal obligation, on time and in the desired form and manner.
3. The User guarantees the accuracy, completeness and reliability of the information and documents made available to the Platform, even if they originate from third parties.
4. User shall indemnify Yuki Social Studio against all claims arising from any infringement of the rights referred to in this article and User shall compensate Yuki Social Studio for all damage and costs resulting therefrom.
7. Privacy
1. Yuki Social Studio complies with all applicable laws and regulations regarding the protection of personal data. For more information, Yuki Social Studio refers the User to Yuki Social Studio’s Privacy Statement.
2. If the User’s use of the Platform is terminated, Yuki Social Studio, will delete all personal data and remove existing copies, unless storage is required under a statutory provision.
3. The User shall immediately notify Yuki Social Studio if, in the opinion of the User, an instruction constitutes a violation of the AVG or any other legal provision on data protection.
4. Personal data relating to Yuki Social Studio may not be processed by or on behalf of User without Yuki Social Studio’s prior written consent.
3. User shall immediately notify Yuki Social Studio if, in User’s opinion, an instruction constitutes a violation of the AVG or any other statutory data protection provision.
4. Personal data relating to Yuki Social Studio may not be processed by or on behalf of User without Yuki Social Studio’s prior written consent.
8. Liability
1. Users use the Platform entirely at their own expense and risk. Yuki Social Studio takes no responsibility for the behavior of User(s) within and outside the Platform.
2. Yuki Social Studio is not liable for abuse of the Platform by (other) Users. Yuki Social Studio is also not liable for what is discussed or information shared between Users.
3. Yuki Social Studio has a best-efforts obligation to ensure that the Platform functions without technical failures. Maintenance work, development of the Platform may limit and/or temporarily interrupt the possibilities for use, which may include data loss. Yuki Social Studio cannot guarantee the availability of the Platform or the absence of technical disruptions or data loss.
4. Yuki Social Studio may temporarily or permanently discontinue or take the Platform out of use, without the User being able to derive any rights therefrom.
5. The User is liable for all actions that take place through his/her account. Yuki Social Studio is not liable for the expressions and/or information distributed by Users via the Platform.
6. Yuki Social Studio accepts no liability for the accuracy, completeness, quality and timeliness of the information and/or data found and/or presented on the Platform. Therefore, any liability of Yuki Social Studio for damages incurred by User arising from borrowing information and/or other data presented on the Platform is excluded.
7. User hereby indemnifies Yuki Social Studio for all damages and claims of third parties related in any way to or arising from User’s use of the Platform.
9. Complaints
1. User complaints should be lodged with the relevant Third Party. Exclusive responsibility for a Third Party’s Offer and its execution lies with the Third Party in question.
2. If a User has a complaint about the Platform, this complaint must be communicated by the User to Yuki Social Studio by e-mail.
3. After the complaint is received by Yuki Social Studio, Yuki Social Studio will respond as soon as possible, with a confirmation of receipt. Yuki Social Studio will endeavour to deal with the complaint as soon as possible.
4. Complaints as described in this article must be submitted to the Third Party (paragraph 1) or Yuki Social Studio (paragraph 2), respectively, within a reasonable time after the User has discovered the defects, fully and clearly described.
10. Confidentiality
1. The User will make every effort to prevent confidential information regarding the Platform and the Services/Products from coming to the knowledge or into the hands of third parties. Subject to Yuki Social Studio’s prior written consent, User shall not make any information and/or data made available to it by Yuki Social Studio available to third parties and shall only disclose such information and/or data to its personnel insofar as this is necessary for the use of the goods and/or performance of the Services/Products in accordance with the Agreement.
2. The confidentiality obligation set out in the previous paragraph does not apply to information in respect of which it can be demonstrated by the User that:
a. the information was already publicly known;
b. it concerns information of general knowledge;
c. the disclosure is made on the basis of a legal obligation or court order.
3. Users also impose the confidentiality obligation on the third parties they engage.
11. Intellectual property rights
1. All intellectual property rights to (the content of) the Platform, including the underlying software, texts, graphic material, logos, images, etc, are vested in Yuki Social Studio or its licensors.
2. Copying, reproducing or in any way distributing or disclosing the Platform in whole or in part without the written consent of Yuki Social Studio is prohibited, with the exception of personal use by the User.
3. Yuki Social Studio in no way guarantees that the Services/Products delivered to the User do not infringe any written or unwritten intellectual and/or industrial property right of third parties.
12. Penalty
1. In the event of a breach of the provisions of the General Terms and Conditions, User forfeits to Yuki Social Studio, without notice of default or judicial intervention, an immediately payable fine, which is not subject to mitigation, of €5,000 and €500 for each day or part thereof that User is in breach.
2. A fine owed by User will not affect Yuki Social Studio’s right to compensation for damages, costs and interest suffered by it.
13. Amendment of General Terms and Conditions
1. Yuki Social Studio may amend and/or supplement the General Terms and Conditions at any time it wishes.
2. If the User does not wish to accept an amendment or addition, the User may discontinue use of the Platform until the date on which the amendment or addition takes effect. Use of the Platform after the effective date will at all times constitute acceptance of the amended or supplemented General Terms and Conditions.
14. Other provisions
1. If any provision or part of a provision of these General Terms and Conditions is for any reason wholly or partially non-binding, this will not affect the binding nature of the remaining provisions of these General Terms and Conditions or the remaining part of the provision in question.
2. All legal relationships between Yuki Social Studio and User are governed by Dutch law.
3. Only the court at Yuki Social Studio’s location has jurisdiction to hear disputes.