General terms and conditions Brabant Remembers
The platform www.brabantherinnert.nl (hereinafter ”the Platform”) is offered to you by Brabant Herinnert (a trade name of Stichting Crossroads Brabant ’40-’45). Use of the Platform is at all times subject to these Terms of Use. By using the Platform, you agree to this. So read these carefully so you know what to expect and what rules to observe. Also read the privacy and cookie statement carefully, if you want to know how Brabant Remembers takes care of your personal data. Brabant Remembers is not a party to any agreements entered into between you and companies displayed on the Platform. These terms and conditions were last updated on March 15, 2023.
Article 1. Use of the platform
1.1. On the Platform you will find information about what beautiful Brabant has to offer at the intersection of remembering, commemoration and celebration. So you can see when and where activities are organized and find information about the most interesting locations, program, routes, etc. In addition, the Platform offers functionalities that can make visiting Brabant more interesting and enjoyable.
1.2. The Platform is offered to you free of charge.
Article 2. Usage rules and posting of content
2.1. It is prohibited to use the Platform for actions that violate Dutch or other applicable laws and regulations. This includes the storage or distribution through the Platform of anything you post (hereinafter ”Content”) such as information, messages and photos that is libelous, defamatory or racist.
2.2. In addition, it is forbidden to:
(a) use indecent language;
b) place advertising or links for the purpose of promoting (own) products and services without the permission of Brabant Herinnert;
(c) Post content where it is undesirable (offtopic);
(d) Distribute Content that is pornographic or erotic (even if legal in itself);
e) Distribute content in violation of copyright em intellectual property law, or post hyperlinks to such information
(f) assist in violating the rights of third parties, such as by linking to hacking tools or explanations of computer crime that are apparently intended to enable the reader to commit (or cause the reader to commit) the described criminal conduct and not to be able to defend against it;
(g) violate the privacy of third parties, for example by disseminating personal data of third parties without permission or necessity or repeatedly harassing third parties with communications unwanted by them.
2.3. If Brabant Herinnert finds that you are violating the above terms and conditions, or receives a complaint about it, Brabant Herinnert may take action itself to end the violation.
2.4. If, in the opinion of Brabant Herinnert, there is a hindrance, damage or other danger to the functioning of the computer systems or network of Brabant Herinnert or third parties and/or to the provision of services via the internet, in particular due to the excessive posting of Content or other data, leaks of personal data or the activities of viruses, Trojans and similar software, Brabant Herinnert is entitled to take all measures it reasonably considers necessary to avert or prevent this danger. In doing so, Brabant Remembers is particularly entitled to modify and/or delete your Content at its sole discretion.
2.5. Brabant Remembers is at all times entitled to report detected criminal offenses. Furthermore, Brabant Herinnert is entitled to hand over your name, address, IP address and other identifying data to a third party who complains that you are infringing its rights or these Terms of Use, provided that the accuracy of that complaint is sufficiently plausible in all reasonableness, that there is no other way to obtain this data and that the third party has a clear interest in handing over the data.
2.6. Brabant Remembers may recover from you damages resulting from violations of these rules of conduct. You indemnify Brabant Remembers from all claims by third parties in connection with Content posted by you.
Article 3. Availability and maintenance
3.1. Brabant Remembers makes every effort to keep the Platform available, but does not guarantee uninterrupted availability.
3.2. Brabant Remembers actively maintains the Platform. If maintenance is expected to limit availability, Brabant Remembers will perform it when usage of the Platform is relatively low. Maintenance will be announced in advance if possible. Maintenance due to emergencies can occur at any time and will not be announced in advance.
3.3. Brabant Remembers may modify the functionality of the Platform at any time. Your feedback and suggestions are welcome, but ultimately Brabant Herinnert itself decides which adjustments to make.
3.4. Incorrect functioning of the Platform and/or bugs should be reported to Brabant Remembers as soon as possible.
Article 4. Intellectual property
4.1. The Platform, its software as well as all information and images are the intellectual property of Brabant Herinnert or its licensors. These may not be copied or used in any way without separate written permission from Brabant Herinnert, except in the cases permitted by law.
4.2. Content that you publish or store through the Platform is and remains your property. Brabant Remembers acquires an unlimited right to use this Content for the Platform and everything related to it, including promotion (advertising expressions) of the Platform.
4.3. The right of use from the previous paragraph is given indefinitely and cannot be revoked. The right of use continues after termination of the agreement. In exceptional cases where there is a compelling interest against continued use of the Content, Brabant Herinnert may decide to modify or remove it.
4.4. You may edit or remove Content as you see fit.
4.5. If you send information to Brabant Herinnert, such as feedback about an error or a suggestion for improvement, you grant Brabant Herinnert an unlimited and perpetual right to use this information for the Platform. This does not apply to information you expressly mark as confidential.
4.6. Brabant Herinnert will not learn of any private data that you store and/or distribute through the Platform, unless this is necessary for the proper provision of services or Brabant Herinnert is required to do so by law or court order. In such a case, Brabant Herinnert shall make every effort to limit the knowledge of the data as much as possible, insofar as this is within its power.
4.7. If Brabant Herinnert finds that your Content has been copied by third-party sites in combination with contributions by others, Brabant Herinnert is authorized to take legal action against this in its own name or on your behalf. All costs of this are for Brabant Remembers but you should cooperate if necessary. This clause does not prohibit you from publishing your Content elsewhere, it is solely about being able to take action against acquisition of (substantially) all contributions from the Platform.
Article 5. Complaints and responsibility
5.1. Brabant Remembers is not responsible for the behavior of users, nor for that of affiliates. In addition, it is not Brabant Remembers, but the company in question that is responsible for the accuracy of its company information, offers, push notifications, events and for the correct execution of any agreements that come about between you and the company in question.
5.2. Users may address complaints about (the operation of) the Platform to Brabant Herinnert. For complaints related to affiliated companies and its information, user should contact the respective company.
Article 6. Duration and cancellation
6.1. The agreement you enter into with Brabant Herinnert through the use of the Platform runs for an indefinite period of time.
Article 7. Change terms of use
7.1. Brabant Remembers may amend these terms and conditions at any time.
7.2. Brabant Remembers will announce the changes or additions via the Platform at least thirty days before they take effect so that you can take note of them.
7.3. If you do not wish to accept an amendment or addition, you can cancel the agreement until the date it takes effect. Use of the Platform after the effective date shall constitute acceptance of the amended or supplemented terms.
Article 8. Final Provisions
8.1. Dutch law applies to this agreement.
8.2. To the extent not otherwise prescribed by the rules of mandatory law, all disputes related to the Platform shall be submitted to the competent Dutch court for the district in which Brabant Herinnert is located.
8.3. If any provision of these Terms of Use is found to be invalid, this shall not affect the validity of the entire Terms of Use. In this case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
Article 9. Contact details
Crossroads Foundation Brabant ’40-’45
Almy Street 14
5061 PA Oisterwijk
Netherlands
Phone number: 013-3030390.
Email address: info@brabantherinnert.nl
Chamber of Commerce number: 68109334
VAT number: NL85730596B01