Terms of Use

Important

Please read these Terms of Use carefully before using the services offered by Foundation LUDWIG ("LUDWIG"), a company registered in the Netherlands. These terms of use set forth the legally binding terms and conditions for your use (as "User(s)") of the website at https://waterwalks.nl/and the WaterWalks Android and iOS apps (the "Platform") and the services, features, content, applications offered by WaterWalks (collectively with the platform, the "Service"). These Terms of use can be downloaded and printed via https://waterwalks.nl/.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate WaterWalks's Privacy Policy (https://waterwalks.nl/privacy-policy/) and all other operating rules, policies and procedures that may be published from time to time on the Platform by LUDWIG, each of which is incorporated by reference and each of which may be updated by LUDWIG from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate (in Dutch: 'opzeggen') the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by LUDWIG from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Access

Subject to these Terms of Use, LUDWIG may offer to provide the Services, as described in more detail on the Platform, and which are selected by you as User.

Registration and Eligibility

You may browse the Platform and view Content on the website https://waterwalks.nl/without registering, but as a condition to using certain aspects of the Service, including the app, you are required to register and become a User ofWaterWalks and represent, warrant and covenant that you provide LUDWIG with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your WaterWalks account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

LUDWIG reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their WaterWalks password. You shall never use another User's account without such other User's prior express permission. You will immediately notify LUDWIG in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. LUDWIG may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If the Terms of Use or use of the Service is prohibited by any laws, rules or regulations applicable to you, you agree not to use or access the Platform or Services in any way.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

Your Content

For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, photo albums, and interactive features generated, provided, or otherwise made accessible by LUDWIG on or through the Service.

All Content, whether publicly posted or privately transmitted, must be the sole intellectual property of the person who posts or transmits such Content. LUDWIG cannot guarantee the authenticity of any Content or data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant LUDWIG an unlimited, worldwide, irrevocable, sublicensable and transferable license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, in the context of providing the Service and/or our business activities, and within the limits of the privacy settings you have chosen for your content. This means that if you publish certain Content publicly, LUDWIG may use such WaterWalks content in connection with the Platform, Service and LUDWIG' business as LUDWIG may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into our WaterWalks highlights, marketing materials, advertisements and other works, creating derivative works from it, promoting it, and distributing it.

You also hereby do and shall grant each other User to see your Content on the WaterWalks map. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that LUDWIG will not be liable for any errors or omissions in any Content; and that LUDWIG cannot guarantee the identity of any other Users whose content you see in the course of using the Service.

User represents and warrants that it has all rights to grant the licenses as laid down in article of these Terms of Use, without infringing or violating any third party rights, including but limited to, any privacy rights, publicity rights, intellectual property rights or any other proprietary rights. User indemnifies LUDWIG against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the Content.

When you delete your Content, it will be removed from the Service. However, you understand that any removed Content may persist in backup copies for a reasonable period (but following removal will not be shared with others).

Other Content

The Service contains Content specifically provided by LUDWIG or its partners and such Content is protected by intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow ("Intellectual Property Rights"). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.Additionally, you shall abide by all applicable national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

You shall not (directly or indirectly):

LUDWIG does not guarantee that any Content (as defined above) will be made available on the Platform or through the Service. LUDWIG has no obligation to monitor the Platform, Service or Content. For users it is possible to flag content that is believed to be unlawful, or in any way offensive. We will examine your notice and, if possible and necessary, take measures to remove the content. See also: Flagging and blocking objectionable content below.

LUDWIG reserves the right to remove, suspend, or block any Content from the Service, in its sole discretion without notice to you,if the content violates these Terms of Use.

Flagging and blocking objectionable content

If you believe certain content found on WaterWalks is unlawful, you can flag the content. You can find the option to flag under each post. We will examine your notice and, if possible and necessary, take measures to remove the content within 24 hours by removing the content and — if needed — blocking the user who provided the offending content.

You can also reach out to us directly by sending an email to: info@ludwiglive.nl

LUDWIG's access to your information

LUDWIG reserves the right to access, read, preserve, and disclose any information as LUDWIG reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WaterWalks, its users and the public.

Feedback and Unsolicited Idea Submission Policy

LUDWIG welcomes your feedback regarding WaterWalks' use and features. If you want to send us your feedback, and we hope you do, we simply request that you send it to us atinfo@ludwiglive.nl. Any feedback you provide to LUDWIG or any of its employees shall be deemed to be non-confidential.

LUDWIG shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.

Third Party Sites and Services

The Service may permit Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under WaterWalks's control, and you acknowledge that LUDWIG is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by LUDWIG or any association with its operators. You further acknowledge and agree that LUDWIG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. This includes downloading the Platform from third party application stores (e.g., Apple App Store and Google Play Store) authorized by LUDWIG.

Fees and Charges

The use of the Service is free of charge.

Termination

LUDWIG may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.

If you wish to terminate your account, you may do so by sending an email to info@ludwiglive.nl

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

The Platform and Services are provided on an "as is" basis. LUDWIG does not warrant that the Platform and Services are accessible at all times and/or are (fully) functional at all times.

You acknowledge that LUDWIG has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. LUDWIG makes no representations concerning any Content contained in or accessed through the Service, and LUDWIG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

Indemnification

You shall defend, indemnify, and hold harmless LUDWIG, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content or otherwise from your Content, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any Intellectual Property Right or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of LUDWIG). LUDWIG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with LUDWIG in asserting any available defenses.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LUDWIG agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Netherlands. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and LUDWIG with respect to the Service and use of the Platform, Service and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LUDWIG with respect to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, LUDWIG must provide you with written notice of such waiver through one of its authorized representatives.

Miscellaneous

LUDWIG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LUDWIG its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with LUDWIG' prior written consent. LUDWIG may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

You may contact LUDWIG at the following address: Zanddwarsstraat 3, 1011HMAmsterdam, The Netherlands. Foundation LUDWIG is registered with the Chamber of Commerce in the Netherlands under number 58138773.

Download

You can download our terms as PDF here

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