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Terms of Use App

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TERMS OF USE OF TALPA APP

 

These terms of use ("Terms of Use") describe the terms and conditions under which use can be made of the mobile application ("App") of Talpa.

 

The App is operated and managed by Talpa Media B.V., registered at the Chamber of Commerce under number 32121471 and having its business office at the address Media Park, Sumatralaan 45 (Building "The Matrix") in Hilversum, the Netherlands, or by any of its affiliates (jointly: "Talpa" or "we"). If you have any questions about the App or these Terms of Use, please contact us via gebruiksvoorwaarden@talpa.tv or 035 - 53 33 111.

 

1. Applicability

 

1.1       These Terms of Use apply to the use of the App.

 

1.2       By using the App (which also includes downloading and installing the App) you as user of the App ("User") accept these Terms of Use, our Privacy Policy and our Cookie Policy.

 

1.3       These Terms of Use, our Privacy Policy and our Cookie Policy can also be viewed, downloaded and printed via our website (www.talpa.tv).

 

1.4       If the App uses services of third parties, also any terms and conditions and/or privacy and cookie policies of those third parties may apply. Talpa is not responsible for the services and the privacy and cookie policies of third parties. In case of any contradiction, these Terms of Use, our Privacy Policy and our Cookie Policy prevail.

1.5       If participation in (promotional) campaigns is possible via the App, additional terms may apply. In so far as those additional terms are in conflict with these Terms of Use, these Terms of Use prevail.

 

1.6       Talpa may amend these Terms of Use from time to time.

 

2. License

 

2.1       Talpa grants the User a non‑exclusive, non‑sublicensable and non‑transferable license to use the App. The User is not allowed to use the App for commercial purposes.

 

2.2       Without the prior permission from Talpa, the User is not permitted to make the App available or to sell or rent the App to third parties, or to decompile, reverse engineer or modify the App. Nor is the User permitted to (let others) remove or circumvent technical provisions intended to protect the App.

 

2.3       Talpa at all times has the right to adapt the App, to change or remove data or information, to deny the User the use of the App by terminating the license, to restrict the use of the App and/or to deny the User access to the App in full or in part, temporarily or permanently. Talpa will inform the User about that in the manner Talpa deems fit.

 

3. Use of the App

 

3.1       The use of the App is for the own risk and account of the User.

 

3.2       If the User is under 16 years old, he has to have the permission of his parent or his legal representative to use the App. By accepting these Terms of Use, you confirm and guarantee that you are 16 years or older, or have permission from your parents or representative.

 

3.3       After the User has downloaded the App, the User has to register via the App. To the processing of personal data via the App the Privacy Policy and the Cookie Policy of Talpa apply. Only fully and truthfully completed registrations will be considered by Talpa. In case of any changes of personal data, the User has to inform Talpa immediately via gebruiksvoorwaarden@talpa.tv.

 

3.4       In order to be able to make use of the App, the User will for his own account have to provide the necessary equipment, system software, and (internet) connection.

 

3.5       If the User via the App can contribute information, data, images, video and/or audio clips and/or other content ("Contribution"), that Contribution must in no manner or way have any illegal or offensive (including sexist, pornographic, racist and/or discriminatory) content, or (otherwise) violate the privacy of third parties. The User guarantees that the Contribution via the App does not infringe any (intellectual property) rights of third parties, and indemnifies Talpa and holds Talpa harmless from and against any claims of third parties resulting from submitting a Contribution via the App.

 

3.6       By submitting a Contribution via the App, any intellectual property rights and/or similar rights regarding the Contribution ‑ in so far as those rights are vested in the User ‑ are transferred to Talpa, without Talpa owing the User any fee or compensation for that. In so far as for that transfer a further deed is required, the User will cooperate fully to that end at the first request of Talpa. In so far as the transfer of intellectual property rights and/or similar rights in respect of the Contribution of the User is not possible, the User herewith grants to Talpa an exclusive, perpetual, sublicensable and transferable license to use the Contribution. The User herewith towards Talpa waives any and all moral rights accruing to him, in so far as the applicable laws and regulations allow such waiver. By the transfer or licensing of your Contribution, Talpa is entitled to unrestricted use of the Contribution, and to (let others) commercially exploit the Contribution via any media and in any form, including via television programs, social media and websites.

 

4. Intellectual Property Rights

 

4.1       All intellectual property rights and/or similar rights to the (content and design of the) Websites, including the underlying software, images, video and audio clips, are owned solely and exclusively by Talpa and/or its licensors.

 

4.2       The User will always respect and observe the good name and reputation of Talpa, and ensure that his use of the App will in no way prejudice any rights and/or the good name and reputation of Talpa.

 

5. Liability

 

5.1       Our App has been composed with the greatest care. However, Talpa cannot guarantee that the App will always be available or will always work without any interruptions, errors or defects, or that the information provided on the App is complete, correct and/or up‑to‑date. Talpa reserves the right temporarily or permanently to discontinue the App (unannounced), without the User being able to derive any rights therefrom.

5.2       Talpa is not liable for (the accuracy of) any information, Contributions and other materials or communications that Users or others post or provide via the App. Talpa reserves the right (unannounced) to remove any information, Contributions or other materials or statements that have been placed on the App.

 

5.3       Talpa is not liable for any damage or personal injury resulting from any use of the App. The limitations of liability referred to in this Clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Talpa.

 

5.4       The User herewith indemnifies Talpa and holds Talpa harmless from and against any claims by third parties resulting from the use of the App, and the whether or not correct performance of legal and/or contractual obligations towards Talpa, any other users of the App or any third parties. The User will reimburse to Talpa any damages and costs suffered as a result of such claims.

 

6. Termination of Use of the App by the User

 

6.1       The User may terminate the use of the App at any time by removing or uninstalling the App from his mobile device.

 

7. Applicable Law, Settlement of Disputes

 

7.1       These Terms of Use are governed by Dutch law.

 

7.2       These Terms of Use do not prejudice your statutory rights as a consumer.

 

7.3       Any disputes regarding these Terms of Use will be submitted to the Court that has jurisdiction under Dutch law.

 

Last update: 28 July 2015