Terms of use

 

This website (www.vacuvita.com) and related websites are offered to you by Vacuvita Holding B.V., based in The Netherlands (“Vacuvita”).

 

Acceptance of these Terms of Use

By accessing and using www.vacuvita.com or one of her related websites (hereinafter referred to as “website”) and/or downloading the Vacuvita application (“App”) or any other content provided, you agree to be bound by the following terms and the Vacuvita Privacy Policy and any and all terms and conditions contained and/or referenced herein (“Terms of Use”) and all such terms shall be deemed accepted by you. If you do NOT agree to the Terms of Use, you should NOT use this website, the Content (as defined hereinafter) and/or the App. These Terms of Use and the Vacuvita Privacy Policy remain in full force and effect so long as you continue to use or access the website, Content, App or any services offered or until terminated in accordance with the provisions of these Terms of Use.

 Specific terms and conditions may apply to specific content, products, materials, services or information contained on or made available through this website (the “Content”) and to specific content, data, materials or information you may upload, submit and/or publish to the website (“User Content”) or transactions concluded through this website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. These Terms of Use do NOT govern the purchase of products through this website. 

 

Modification of Terms or Content

 These Terms of Use may be amended by Vacuvita at any time. Such amended Terms of Use shall be effective upon posting. Please check the Terms of Use published on this website regularly to ensure that you are aware of all then current Terms of Use governing your use of this website.

 Vacuvita reserves the right to discontinue or make changes or updates with respect to or in the Content of the website or the format thereof at any time without notice. Vacuvita reserves the right to terminate, restrict or refuse access of any person to the Content or part thereof effective immediately without notice at any time and for any reason whatsoever in its sole discretion.

 

Limitation of Liability

 Although care has been taken to ensure the accuracy of the information on this website, Vacuvita assumes no responsibility therefor. ALL CONTENT AND USER CONTENT PROVIDED ON THIS WEBSITE AND/OR THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”.  VACUVITA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE APP, THE USER CONTENT OR THE CONTENT. Vacuvita does not warrant or make any representations as to the security of this website nor that the website or the Content or the servers which make this website or the Content available will be and remain available, uninterrupted and error-free or electronic communications sent by Vacuvita are free from viruses or any other harmful elements.

 As a registered user, you will be able to create User Content. You can decide to share photos and scenes publicly. If you decide to share your photos and scenes publicly, you should have no expectation of confidentiality of that User Content.

Any material downloaded or otherwise obtained through the use of this website or the App is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that could result from the download of any such material.

IN NO EVENT SHALL VACUVITA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, THE APP, THE CONTENT OR THE USER CONTENT, EVEN IF VACUVITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST VACUVITA PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO VACUVITA IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

 If you live in a country or state that does not allow (part of) the foregoing exclusions or limitations of liability or any part of the disclaimers of warranties above, such exclusions or limitations will apply to you only to the extent such exclusions or limitations are allowed and they shall be limited to the extent required by applicable law.

 

Privacy Policy

 Personal information provided or collected through or in connection with this website shall only be used in accordance with Vacuvita’s Privacy Policy. These Terms of Use are subject to Vacuvita’s Privacy Policy.

 

Third Party Content

This website may provide links to other websites that are not under the control of Vacuvita. Vacuvita shall not be responsible in any way for the content of such other websites. Vacuvita provides such links only as a convenience to the user of this website.

Vacuvita is in no way responsible for the content of any website owned by a third party (including the App stores) that may be linked to the website or App via hyperlink, whether or not such hyperlink is provided by the website or App or by a third party in accordance with these Terms of Use. Any link on the website or App to another website is not an endorsement of such other website and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the website or App or other Content may link.

 

Intellectual Property Rights

 Copyright and all other proprietary rights in the Content and the App (including but not limited to software, audio, video, text and photographs) rests with Vacuvita Holding B.V. or its licensors. All rights in the Content or App not expressly granted herein are reserved. Except as otherwise provided, the App and the Content published on this website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the App or the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Vacuvita is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

 User Content will be treated as non-confidential and non-proprietary, and immediately become the property of Vacuvita. Vacuvita may use such User Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Content.

Any software made available for downloading from or through this website, the Content or App is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. VACUVITA HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

User Content

 You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material as User Content. You shall not transmit chain letters, pyramid schemes, surveys and solicitations, shall not forge headers or manipulate identities or other data in order to disguise the origin of any Content and/or User Content transmitted or manipulate your presence. You shall not interfere with or disrupt the Vacuvita websites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation. You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you that is not the subject of intellectual property right protection and may be used by any other contributor without compensation or attribution.

You hereby grant to Vacuvita a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit, commercially exploit and publish User Content provided by you, on the website or in other marketing or public relations materials in any and all media.

You shall be solely responsible for your own User Content and the consequences of posting, submitting and/or publishing it. Vacuvita may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for Vacuvita to monitor or review all User Content. Without limitation, Vacuvita will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the website and App.

Vacuvita does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Vacuvita hereby expressly disclaims any and all liability in connection with User Content. Vacuvita has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion.

Unsolicited Submissions

Please do not submit any unsolicited ideas for products, product improvements, product technologies, product names, strategies, slogans, songs or jingles or any other material which could be protected under intellectual property laws. In the event that you send us such a submission despite this request then regardless of anything you say, write or record to the contrary regarding such submission, you agree that: (1) your submission and its contents will automatically become the property of Vacuvita without any compensation to you; (2) Vacuvita may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way; (3) there is no obligation for Vacuvita to review the submission; and (4) there is no obligation for Vacuvita or any of its employees to keep the submission confidential. Under the header “news and updates” on the website Vacuvita has provided a place where persons who accept these terms can contribute their User Content including thoughts, comments and ideas.

Indemnification and Release

You agree to indemnify and hold harmless Vacuvita, its partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on website or App or any violation of these Terms of Use by you.

Shut Down of Services

Vacuvita reserves the sole right to shut down the website, Content or App or any part thereof for any reason at any time without notice or consent. Vacuvita will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the website or App.

Availability

 The website, App or Content may contain references to specific Vacuvita products and/or services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

 Applicable Law

 These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this website, the App or the Content, including any dispute relating to the existence or applicability of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the court of Amsterdam, The Netherlands.

 If you have a question or complaint, please contact us at info@vacuvita.com

 

Vacuvita Holding B.V.

Orionstraat 15

2516 AS  The Hague

The Netherlands

Chamber of Commerce Registry: 591.45.706

VAT number: NL85.33.38.036.B01

Version date:  January 9th, 2014