Terms of Use
Terms and Conditions
- Preamble
1.1. The following terms and conditions shall govern your use of the NLPPeople.com website, located at http://nlppeople.com (the “Website“), as well as the download, installation and use of any software files made available from time to time on the Website, subject, where applicable, to any user specific terms or any license accompanying the software or the download thereof (“EULA”).
1.2. By using the Website, you (the “User“) accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY AND/OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE REQUIRED TO REFRAIN FROM USING THE WEBSITE.
1.3. This Agreement constitutes the entire agreement between you and us, NLPPeople.com (the “Owners“), with respect to the use of the Website, and shall supersede any and all other agreements.
- Terms of Use
2.1. You are granted permission to use the services of the Website subject to your full compliance with the provisions of this Agreement.
2.2. You must refrain from using the Website if you lack legal capacity to do so.
2.3. Whilst using the Website, you undertake to refrain from performing, willfully or carelessly, any of the following:
2.3.1. Browse, surf, process, scan or use the services of the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
2.3.2. Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Owners have not provided you with a direct link (including, without limitation, URL Hacking).
2.3.3. Carry out any action which may infringe the copyrights of the Owners or any other copyright holder, as applicable.
2.3.4. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, or otherwise offend or harm the public order.
2.4. We reserve the right to bar you from using any of the Website services and to suspend or cancel any action carried out on the Website, at our sole discretion, for any reason we deem fit, including, without limitation, any case of suspicion of violation of the Agreement, EULA or any applicable law or regulation.
- Registration to Services
3.1. At Owners sole discretion, the access to certain Website services may be subject to additional terms and conditions and/or limited to User’s who have subscribed to the Website (the “Account”), maintain a 3rd Party Account (as defined below), have provided the Owners with certain information and details, and/or are current in the payment of any and all indicated subscription fees.
3.2. For details regarding protection of required information and the utilization thereof by the Owners, please refer to the Privacy Policy incorporated by reference herein.
3.3. It is clarified that information submitted by User must not contain partial or inaccurate data, and must constitute User’s full, true and accurate details required.
3.4. To the extent User is required to set or change a password for the Account:
3.4.1. User shall not disclose password to any third party nor shall user present, enter or use password with respect to any third party service.
3.4.2. User shall change password on at least a tri-monthly basis.
3.4.3. Password shall not contain, whether in straight forward form or reverse order, any of the following: User’s name; identity, social security, passport or phone number; significant date; or dictionary word.
3.5. User shall notify Owners immediately of any suspicion regarding unauthorized access to the Website through User’s Account or 3rd Party Account.
3.6. Without derogating from the provision of Section 2.4, the Owners reserve the right to suspend any Account and condition access to Account on presentation of proof that the provisions herein have not been violated.
3.7. For the avoidance of doubt, User’s Account, and any privileges granted with respect thereof, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Website services which are subject to additional terms and conditions and/or limited to User’s who have subscribed to the Website.
3.8. THOUGH OWNERS MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO WEBSITE, OWNERS CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS AND/OR INFORMATION REGARDING USER’S ACCESS.
- 3rd Party Login Services
4.1. Without derogating from Section 3 above, access to certain Website services may be subject to registration or login via OpenID, Facebook Connect or similar third party services (the “3rd Party Login Services“).
4.2. Owners expressly disclaim any liability or responsibility to the use of 3rd Party Login Services in connection with the Website, and urge you to research and understand the nature of these 3rd Party Login Services prior to registration or login.
For more information regarding 3rd Party Login Services, their operation and/or the information they may share and exchange with the Owners, please visit the applicable 3rd Party Login Service website.
4.3. By submitting, connecting with, stating, registering or logging in via 3rd Party Login Services:
4.3.1. User warrants and certifies that the 3rd Party Login Services account stated or utilized by User (the “3rd Party Account”) constitutes User’s sole account with such 3rdParty Login Services, used by User, and solely by User, on a regular basis, and that no other entity or person has any right to access the 3rd Party Account; and
4.3.2. User consents to Owners presenting or sending to or through such 3rd Party Account, or such email address or social network account associated thereof, notifications and updates, to or on behalf of User, re User’s activities on the Website and any amendment of the terms herein.
4.3.3. User explicitly declares that any and all information regarding the 3rd Party Account, as well as the content thereof, made accessible to Owners by applicable 3rdParty Login Service shall be deemed, to the extent retrieved by Owners, as User Content (as defined in Section 9 below) explicitly furnished to Owners by User under the terms herein.
- Suitability of Services
5.1. Website services are provided As-Is. The Owners cannot guarantee the suitability of the Website services to your needs or the availability of the Website or its services.
5.2. You are responsible to verify, prior to using the Website services, their suitability to your needs, and you will have no claim against the Owners due to any mismatch of the Website services.
- Responsibility for Information
Information presented in this website and its services (the “information“) shall not constitute advice or professional opinion but rather the personal opinion of the Website Users, Owners, officers or their employees. Owners do not represent in any way that any Information is accurate, complete or error free.
- EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
SUBJECT TO THE APPLICABLE LAW, THE OWNERS, OFFICERS AND/OR EMPLOYEES SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE WEBSITE’S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE WEBSITE’S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT AND/OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE WEBSITE SERVICES OR $1.0.
- External Links
8.1. Advertisements to third party products may be presented on the Website by an external service, matching the advertisements to the page content. It is clarified that the Owners have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
8.2. Certain adverts or Hyper-Links used in the Website may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
8.3. It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
- Lack of Liability to User Actions
9.1. In the course of the Website services, and subject to the provisions of Section 10 below, users may upload content of their own creation (“User’ Content“) to be displayed on the Website, including, inter alia, links, videos and pictures.
9.2. It is clarified the process of User’ Content upload is, fully or partially, an automatic process, thus the Owners can not authenticate the identity of the uploader nor examine the content uploaded, and shall not be held liable for any User’ Content displayed in the Website.
9.3. In the course of the Website services, certain content, including User’ Content, may be rated by Website users or in conjunction with Website users’ actions and behavior. It is clarified such rating does not represent the Owners opinion or impression, but rather that of the Website users, and User explicitly waives any claim against the Owners with respect thereof.
9.4. Without derogating from Section 1.3, if User has cause to believe one person or entity is responsible for affecting the ratings of an individual User’ Content or page, User is obliged to notify Owners which reserve the right to nullify actions carried out in violation of the terms herein.
- Uploading User’ Content
10.1. Without derogating from the provisions of Section 2.3.4 above, User warrants and represents that uploading User’s User’ Content to Website and/or using, commercializing or displaying such User’ Content by Owners, in accordance with the terms herein, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
10.2. User further warrants and undertakes to refrain from uploading User’ Content which is contrary to public order; harmful to the body, rights or feelings of any person or entity; is misleading, inaccurate or untruthful.
10.3. Without derogating from the generality of the above, User explicitly warrants and undertakes to refrain from uploading any information regarding past, future or current affairs not intended by their nature or otherwise for wide, uncontrolled, circulation; any sensitive, personal or geographic information relating to a minor under the age of 18; or any information relating to or potentially identifying a minor under the age of 14.
10.4. Without derogating from Section 9.2, the Owners reserve the right to deny presentation of User’ Content and to suspend or remove User’ Content, as stipulated in Section 2.4.
10.5. User reserves all rights to User’ Content created by User and uploaded by User to the Website. Notwithstanding, User hereby grants Owners a non-exclusive, non-revocable and non-limited license to display, reproduce and publish such User’ Content via any medium, in the control of Owners or otherwise, and hereby waives and disclaims any and all moral rights with respect thereof (including attribution of User’ Content to User and preservation of its integrity) or any claim for remuneration or compensation with respect to the utilization or commercialization of User Content.
10.6. It is clarified that the User, as owner of rights to the User’ Content, is responsible for enforcing any intellectual property rights.
10.7. For the avoidance of doubt, User permits Owners to edit User’ Content prior to or following its display so as to conform to the Website editing policies, and undertakes to comply with any such policies presented by the Owners.
- Notice of Infringement
If you have cause to believe any Website content to be in violation to the terms herein or in infringement of any applicable law, we would appreciate it if you would notify us of such content via email to info@nlppeople.com, stating the violating content and the nature of violation.
- Privacy
The terms of the Privacy Policy constitute an inseparable part of these Terms and Conditions – by expressing your consent to these Terms and Conditions you hereby agree to the terms of the Privacy Policy.
- Copyright
All rights in and to the Website, its design, source code, and content elements of the Website are held exclusively by the Owners or the content creator, as applicable, and unless explicitly permitted by the Owners, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
- Trademarks
14.1. The trademarks “NLPPeople” and “Tandolin” are used by the Owners in regard with their services and products and may not be used without their explicit permission.
14.2. Any other trademarks appearing on the Website, whether currently or in the future, are the property of their respective owners, as applicable.
- Refund and Cancellation Policy
Services purchased via the Website may not be refunded once payment is consumated.
- Amendment to Services and Terms of Agreement
16.1. The Owners may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
16.2. The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
16.2.1. You will be entitled to terminate the agreement prior to the amendments taking effect.
16.2.2. The amendments will not affect any actions already taken by you prior to the amendments taking effect.
16.3. It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
16.4. In this section, “substantial changes” shall mean any changes sufficient to impose new charges on the User, derogate from the User’s rights under this agreement, change any copyright permission or alter the Website’s privacy policy.
“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
- Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Website or its services (the “suggestions“) YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Owners will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
- Indemnification
You undertake to indemnify the Owners for any losses or damages resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Website and/or breach of this Agreement.
- Governing Law and Jurisdiction
This agreement shall be construed and governed by the laws of the Kingdom of Netherlands. Any dispute arising from the terms of this agreement, the use or misuse of the Website, or any of the Website’s services shall be subject to the exclusive jurisdiction of the competent courts in the Amsterdam, Netherlands.