Thank you for using Letscollect
The Terms and Conditions (“Terms”) as stated below govern your access to and use of LetsCollect’s website, products, and services (“Products”). Please read these Terms carefully, and feel free to contact us when you have any questions, suggestions or concerns.
The website under LetsCollect.com and the services on these pages are being offered to you by: studio andere koek (KvK: 000032944020).
Here are some definitions of capitalized words we use in these Terms:
"Content" - means any information, text, graphics, photographs, images, illustrations, logos, tools, written posts, executable files, scripts, software, interactive features, creative expression, data or other information materials generated, provided, uploaded, downloaded, appearing or otherwise accessible on or through LetsCollect.
"Interactive Services" - means message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features.
"Services" - means LetsCollect.com and all other domains, products, applications, services and Content provided by LetsCollect.
"Terms" - means these terms of agreement between us and you.
"User" - means any person or entity using LetsCollect.
"U" o "Jij" - means you, whether you are a person or someone acting on behalf of an entity you are authorized to represent, and whether you are a Registered User or not.
"Gebruiker Comments" - means any comments, recommends, feedback, likes, or other Content posted by Users that is not included in the body of a LetsCollect post.
"Gebruikers Content" - means all Content posted or otherwise provided or transferred to LetsCollect by a user, including you.
"LetsCollect", "we", or "us" - means LetsCollect, a organisation represented by: studio andere koek (KvK: 000032944020).
Changes to these Terms
LetsCollect reserves the right to revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of LetsCollect thereafter. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
If you are a Registered User, we will usually notify you of any changes via email and/or by asking you to review the changes to these Terms the next time you login to LetsCollect. Your continued use of LetsCollect after the time the changes are communicated will indicate your acceptance of those revised changes, so please check the Terms periodically for updates.
1. Using LetsCollect
1.1. Who can use LetsCollect
You may only use LetsCollect products and services if you can form a binding contract with LetsCollect, and only in compliance with these Terms and all applicable laws. When you create your account on LetsCollect, you must provide us with accurate and complete information. Use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Your LetsCollect account may be deleted without notification if we have reason to believe that you do not meet these eligibility requirements.
You are entirely responsible for maintaining the confidentiality of your password, you must treat such information as confidential, and you should not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to LetsCollect or portions of it using your user name, password or other security information. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. LetsCollect cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your LetsCollect account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
1.2 Our license to you
LetsCollect does manage new registrations but not in a pro-active manner. This means that we will only act as soon as we receive notifications of a controversial registration. A well-reasoned and founded notification may lead to the temporary and/or perpetual suspension and/or removal of the user-account. We preserve ourselves a wide margin of discretion.
The registration of a user-account is not assimilated with the acquisition of ownership or other proprietary interests to that account. All rights in and to the account are and shall forever be owned by and inure to the benefit of LetsCollect.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
1.3 Commercial use of LetsCollect
If you want to use LetsCollect for commercial purposes, please contact us for additional information and options.
2. Your content
2.1 Posting content
LetsCollect allows users to post, submit, publish, display, or transmit content to other users or other persons (hereinafter: “post”), including photos, links, and other materials. Anything that you post or otherwise make available on LetsCollect is referred to as 'User Content'. You retain all rights in, and are solely responsible for, the User Content you post to LetsCollect.
LetsCollect respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of material submitted, LetsCollect cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service. You expressly agree that LetsCollect: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy.
You represent and warrant that:
- You own or control all rights in and to your User Content, or otherwise have the right to submit your User Content without violating any other party’s intellectual property rights, and have the right to grant the license granted above to all Users.
- All of your User Content do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not LetsCollect, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
- If you contribute Content to LetsCollect then you consent to that Content being publicly shared, reused, linked to or embedded on other sites as well as being subject to rating and comment.
We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the site. Furthermore, LetsCollect has rules on what is, and is not appropriate Content, and you agree not to post User Comments or submit Content, or otherwise use your account in violation of the LetsCollect Content Rules.
2.2 How LetsCollect and other users can use your content
You grant LetsCollect and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on LetsCollect solely for the purposes of operating, developing, providing, and using the LetsCollect Products. Nothing in these Terms shall restrict other legal rights LetsCollect may have to User Content, for example under other licenses.
We do not claim any intellectual property rights in your Content but we do claim the rights to deal with your Content so as to preserve and maximise the functionality of LetsCollect. We acknowledge any intellectual property rights you may have in any Content uploaded to LetsCollect. By submitting, posting or displaying Content on or through LetsCollect, you grant us (and other Users) a worldwide, non-exclusive license without payment of any fee or royalty to use, copy, reproduce, modify, enhance, process, adapt, modify, publish, transmit, display, sublicense, make derivative works and distribute such Content in any and all media or distribution methods (now known or later developed).
You also agree that this license includes the right for LetsCollect to provide, promote, and improve the Services and to make Content submitted to or through LetsCollect available to other companies, organizations or individuals who partner with LetsCollect for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
We take the violation of the LetsCollect Terms very seriously (this includes discrimination on individuals based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or disease). In order to support this policy, we allow you to flag Content that you may deem to be inappropriate or in violation of our Terms. Reporting Content or a User violation does not guarantee that the Content or the User will be removed. The LetsCollect users are very varied and everyone is different, what may be acceptable to one person may be unacceptable to another. We encourage discussions, ideas and freedom of speech. It is possible that something could be displeasing or troubling to you but does not meet the criteria for removal. However, any Content that violates the LetsCollect Terms may be removed from LetsCollect and, where appropriate, be subject to legal or other action. In any case, the person reported is not notified of the identity of the person who made the report.
You may delete your own Content, except for User Comments, and we will make reasonable efforts to make it inaccessible and cease using it. You understand and agree that there could be operational delays in doing this.
2.3 How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from LetsCollect, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, LetsCollect and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through LetsCollect.
2.4 Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make LetsCollect better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, LetsCollect does not waive any rights to use similar or related feedback previously known to LetsCollect, or developed by its employees, or obtained from sources other than you.
3. Copyright policy
3.1 Digital Millennium Copyright Act
LetsCollect deals with copyright infringement on LetsCollect Products in accordance with the Digital Millennium Copyright Act. For more information, a copy of our copyright policy is available upon request, please contact us for more information.
All contents of the LetsCollect service are copyrighted © 2017 LetsCollect, All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
3.2 Notice and takedown
LetsCollect abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by LetsCollect (such as LetsCollect.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
LetsCollect does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
To file a notice of infringing material on a site owned or controlled by LetsCollect (such as LetsCollect.com), please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
Then send this notice to: info@LetsCollect.com
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
LetsCollect cares about the security of it’s users. While we work to protect the security of your content and account, LetsCollect cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by LetsCollect. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from LetsCollect, you do so at your own risk and you agree that LetsCollect will have no liability arising from your use of or access to any third-party website, service, or content.
LetsCollect may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless LetsCollect and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
Your access to and use of LetsCollect Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT LETSCOLLECT SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, LETSCOLLECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LetsCollect takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, User Comments or communications posted via LetsCollect or endorse any opinions expressed via LetsCollect. You understand that by using LetsCollect, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
IN NO EVENT WILL LETSCOLLECT, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, LETSCOLLECT, ANY WEBSITES LINKED TO LETSCOLLECT, ANY CONTENT ON LETSCOLLECT OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH LETSCOLLECT OR SUCH OTHER WEBSITES. “DAMAGES” INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LETSCOLLECT AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY EUROS (EURO €50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
The courts of the Netherlands will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. You and we each agree that any dispute, claim or controversy arising out of or relating to these Terms shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Netherlands, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of Dutch court for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the Netherlands, and we make no representations that they are appropriate or available for use in other locations.
12. General Terms
12.1 Notification Procedures and changes to these Terms.
LetsCollect reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LetsCollect without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.3 Entire Agreement/Severability.
12.4 No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LetsCollect's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS,
PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.