Terms of Agreement
Article 1 Definitions
1.1 Symbaloo manages the website www.symbaloo.com by means of which internet users are offered the opportunity to compose their own start page free of charge.
1.2 Unless expressly stated otherwise or the context shows otherwise, the following terms have the meanings given:
- Symbaloo: user of these general terms and conditions: Symbaloo has its registered office Burgwal 47 in Delft and is listed with the Chamber of Commerce under number 27305591;
- user: the internet user who uses the services offered on the website;
- desktop: the start page on the website www.symbaloo.com either or not composed by the user himself including links in different categories to other websites;
- user data: user-related data such as used links clicked, terms searched, origin, browser features, and log-in data;
- website: the website www.symbaloo.com.
Article 2 General
2.1 These general terms and conditions (“Terms”) apply to all services offered on the website and each agreement between Symbaloo and user Symbaloo declared these general terms and conditions valid for in so far as parties have not departed from these general terms and conditions expressly and in writing or electronically (by email).
2.2 Any stipulation varying from these general terms and conditions are invalid until agreed upon expressly in writing or electronically.
2.3 If deviation clauses have been agreed upon of specific subjects governed by these general terms and conditions, these general terms and conditions shall remain valid for the agreement in all other respects.
2.4 If one or more provisions in these general terms and condition are null and void or should become null and void, the remaining provisions in these general terms and conditions shall remain valid in full force and effect.
Article 3 Responsibility for links on the website
3.1 The website contains links to websites other than www.symbaloo.com. Symbaloo can not exercise permanent control on these other websites, nor accept any responsibility for their contents. Symbaloo can not be held liable for their contents.
3.2 User acknowledges that all information (“Information”) that you may have access to through the use of the Website is the sole responsibility of the person from which such content originated.
3.3 User acknowledges that by using the Website they may be exposed to Information found to be offensive, indecent, or objectionable. As such, user’s use of the Website is at his or her own risk in this regard.
Article 4 Use of the website
4.1 In order to use the Website, you must first agree to the Terms. You may not use the Website if you do not accept the Terms.
4.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Symbaloo in the Website; or (B) by actually using the Website. In this case, you understand and agree that Symbaloo will treat your use of the Website as acceptance of the Terms from that point onwards.
4.3 User can compose the desktop according to his own wishes by deleting and/or adding links to other websites and by deleting and/or adding categories. User also has the possibility of creating multiple desktops.
4.4 User can share his desktop with a third person. For this user shall specify the email address of this third person. Symbaloo shall only use specified email addresses for the intended purpose.
4.5 User retains any rights they may have in Information which is submitted to the Website. By submitting the information, however, the user grants to Symbaloo a perpetual, irrevocable, worldwide, royalty-free license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute the Information.
4.6 User acknowledges that if use by third parties of user’s desktop reaches a predefined metric, which can be adjusted in future Terms (wherein the metric is currently defined as: if the desktop is used by more than one thousand (1,000) third party users), Symbaloo has authority to take control of user’s desktop and enter into negotiations in good faith with the user to reach a mutually agreeable revenue share model. However, if negotiations do not reach a mutually agreeable position, Symbaloo retains the right to control the user’s desktop that has reached the predefined metric. User acknowledges that Symbaloo does not infringe any intellectual property rights of the user by taking such control of the user’s desktop.
Article 5 Registration
5.1 User can use the website and compose his own desktop without registering himself. The desktop is stored in a cookie in user’s browser memory.
5.2 If user wants to consult the desktop on multiple computers, he should create an account. User creates an account by registering on the website. Creating an account is free of charge. The data to be provided for the registration should be correct and complete. After registering, user receives an email containing a link by means of which he can activate his account. By registering user data is stored on the servers of Symbaloo.
5.3 Users below the age of 16 wishing to register require prior consent of a parent or a legal representative.
5.4 To be able to log-in on the website, user is to specify his email address and the password provided to him during registration. The password is strictly personal and confidential and is not to be shared with others.
5.5 Symbaloo undertakes to observe secrecy with respect to confidential data obtained by Symbaloo within the framework of the registration mentioned in paragraph 2 of this article, or otherwise. Symbaloo shall only use this data for the intended purpose.
Article 6 Improper use of the website and infringing third person rights
6.1 User agrees to use the Website only for purposes that are permitted by a) the Terms and b) any applicable law, regulation, or generally accepted practices in the relevant jurisdiction.
6.2 User shall not distribute/publish/disclose/make accessible information by means of the website, nor shall user compose a desktop which:
a. violates national and international legislation;
b. is contrary to public morality or the nature of acting and rules of conduct applying to the internet;
c. infringes third person rights; this refers to the intellectual property rights of third persons in particular;
d. may affect or hinder the use of internet by others;
e. is (sexually) intimidating, ethically irresponsible, including but not confined to material which is considered offensive to the decency of minors, or contains a violation of the right to private life and/or human dignity as well as material which encourages an expression to be used in discriminatory manner.
6.3 User is not allowed to use the website in a manner that the proper functioning of computer systems of Symbaloo or third persons are negatively affected or other users of the website are hindered or prevented respectively.
6.4 If user acts contrary to this article, Symbaloo has the right to deactivate the account of user and Symbaloo shall charge user for all damages suffered by them as a result of the user’s acts.
6.5 User agrees that he or she is solely responsible for any breach of his or her obligations under the Terms and for the consequences of any such breach.
Article 7 Position of Symbaloo
7.1 User acknowledges that Symbaloo merely makes the website available to users and is in no way involved in the agreement between the website managers a link of whom is on the desktop, and user, and that the website has the function of a passive online intermediary of information.
7.2 User acknowledges that Symbaloo has the right to deactivate user accounts if users or third persons misuse the website, there is question of other irregularities or technical failure, irrespective of their cause.
7.3 User acknowledges that Symbaloo is constantly changing and/or improving the Website. User acknowledges and agrees that the form and nature of the website may change at any time without prior notice.
Article 8 Complaints and Questions
Article 9 Liability and Limitation
9.1 The information and services appearing on the website may contain technical inaccuracies and/or typing errors.
9.2 Symbaloo strives to keep the services available 7 days per week and 24 hours per day, but can interrupt their accessibility for reasons of among others maintenance, updating and/or any other technical matter.
9.3 Symbaloo is unable to guarantee the correctness of information on the website, but shall do its utmost to keep the correctness of information on the website as consistent as possible. External influences such as by hackers are always possible and may result in disrupting data. Symbaloo is not liable for this disrupting data.
9.4 Symbaloo is not liable for viruses or spam received by user as a result of using the website.
9.5 In no way Symbaloo can be held liable for the loss of a user password. Therefore, Symbaloo can not be held liable for the unauthorized use of such user password by third persons.
9.6 Use of the website is at the risk of user. In no way Symbaloo guarantees the suitability of the website for whichever purpose or use.
9.7 Symbaloo is not liable for loss of user data in any way, or for the loss of a cookie, even after registering, unless this exemption from liability under the given circumstances is contrary to the principles of reasonableness and fairness.
9.8 The restrictions of liability contained in these general terms and conditions do not apply if the damage is caused by an intentional act or gross negligence on the part of Symbaloo or its employees.
9.9 All claims against Symbaloo not having been presented to Symbaloo within 2 years upon their existence shall expire by limitation.
Article 10 Secrecy and Privacy
10.1 Symbaloo undertakes to observe secrecy on all confidential information it has obtained within the framework of registration and use of the website by user. Information is confidential if user so indicates, or if this arises from the nature of the information.
10.2 User data shall only be used for the purpose of making analyses and shall never be passed on to third persons.
10.3 If, on the basis of a statutory provision or legal ruling, Symbaloo is obliged to disclose confidential information to a third person indicated by the law or an authorized judge, and Symbaloo in this matter can not rely on a right to refuse conferred by the law or an authorized judge, Symbaloo is not obliged to compensate damage which has resulted from this.
Article 11 Intellectual Property
11.1 User indemnifies Symbaloo against claims from third persons with respect to intellectual property rights of data, pictures, and logos placed by user on his desktop.
11.2 User shall respect all intellectual property rights (whether those rights are registered or not) connected with software developed by Symbaloo and made available through the website. User agrees to not remove, obscure, or alter any proprietary rights notices which may be displayed in the Website.
11.3 Unless otherwise described in the Terms, including Section 4.6, Symbaloo acknowledges and agrees that it obtains no right, title, or interest from you under the Terms to Information that you submit, post, transmit, or display on or through the Website.
Article 12 Security and Internet
Article 13 Miscellaneous matters
13.1 The version of the general terms and conditions valid at the time of registration shall always apply, unless a revised version of the general terms and conditions was accepted by user subsequent to his registration. Such acceptance may be effected by continued use of the Website after the date on which revised Terms have been made available on the Website.
13.2 Symbaloo and user shall not appeal to the courts until they have done all that is in their power to settle the matter through mutual consultation.
13.3 Each agreement between Symbaloo and user is governed by Dutch law.
13.4 Any dispute arising between parties shall exclusively be brought before an authorized judge in the Netherlands within whose jurisdiction Symbaloo has its place of business, unless another judge was authorized by mandatory rules of law.