A number of recurring terms are used in these terms of use. These terms, capitalized and in both singular and plural, have the following meaning:
a. User: the natural person who has created a user account on the Baby Diaries Platform and has thereby indicated that he agrees with the provisions of these terms of use.
b. Content: all provided by the User to Travel Diaries B.V. offered content, in whatever form, that is hosted on the Baby Diaries Platform.
c. Baby Diaries Platform: the online platform that can be consulted via www.babydiariesapp.com, which enables the User to create and maintain an online (baby) diary.
d. Travel Diaries B.V.: the private company with limited liability Travel Diaries B.V., with its registered office and principal place of business in (3233 DC) Oostvoorne and which is entitled to all rights of the Baby Diaries Platform.
e. Third parties: a natural person or legal entity who, organizationally or legally, does not provide Travel Diaries B.V. is affiliated.
f. Reporter: the natural or legal person who reports punishable, infringing or unlawful content on the Baby Diaries Platform.
1. This document is an Agreement between you as a User of the Baby Diaries Platform on the one hand and Travel Diaries B.V. on the other hand.
2. Before you can use the Baby Diaries Platform, you must register as a User. Only registered Users can use the Baby Diaries Platform. By registering on the Baby Diaries Platform, you declare that you have read and agree to these terms of use.
3. Travel Diaries B.V. reserves the express right to take appropriate measures against misuse on the Baby Diaries Platform. Abuse is understood to mean: using the Baby Diaries Platform in a different way as described in these terms of use, as well as using the platform in a way that infringes the rights of Travel Diaries B.V. and/or third parties. Baby Diaries reserves the right to report this abuse to the competent authorities in the event of misuse.
4. In any case, the following behavior is contrary to these terms of use:
a. posting discriminatory, hateful or offensive content;
b. posting content with an erotic or pornographic content;
c. mentioning personal names, personal residential addresses, telephone numbers, email addresses, images and other privacy-sensitive data that can be traced back to an individual person without any legal basis;
d. distributing Trojan horses, worms or other software that can damage the Baby Diaries Platform, make it unusable or inaccessible, or that can otherwise cause damage to Travel Diaries B.V. and/or third parties.
e. behavior that interferes with the undisturbed experience of the Baby Diaries Platform for others;
f. impersonating another person;
g. posting content that infringes on the intellectual property rights of third parties;
h. other unlawful acts under Dutch law or the instigation thereof.
5. If Travel Diaries B.V. finds that the User has acted or will act contrary to the provisions of these terms of use, it is entitled to block the User's account, to deny the User further access to the Baby Diaries Platform and/or to remove the posted content.
6. The provisions of these terms of use also remain applicable after User or Travel Diaries B.V. has terminated the use of the Baby Diaries Platform.
1. The User provides personal data to Travel Diaries B.V. when the User logs in or registers on the Baby Diaries Platform. Travel Diaries B.V. processes this personal data to enable you to use the Baby Diaries Platform, to optimize the platform or to recover your login details, place orders and possibly contact you. For further information about the processing of personal data, reference is made to the privacy policy on the website www.babydiariesapp.com.
2. Travel Diaries B.V. In principle, do not make your personal data available to third parties, unless and insofar as Travel Diaries B.V. is forced to do so in order to perform the agreed service with the User or if it is obliged to do so by law or a court order.
1. To prevent unauthorized persons from gaining access to the Baby Diaries Platform, Travel Diaries B.V. the User can only access the Baby Diaries Platform by logging in with an account. The User creates a username and password for this. Logging in via third-party platforms is also possible. The use of the Baby Diaries Platform is only possible after the User has entered the username and password via the login screen.
2. The User must carefully store his or her personal login details, not provide them to third parties and keep them completely secret. The User guarantees Travel Diaries B.V. that the password is not used by unauthorized persons. The user is liable for the consequences of any unauthorized use, misuse or incorrect use of your login details on the Baby Diaries Platform.
The Baby Diaries Platform is, except during maintenance, available to the User 24 hours a day and 7 days a week to create, consult, adjust and/or order (baby) diaries. Maintenance of the Baby Diaries Platform can be done at any time by Travel Diaries B.V. time deemed appropriate.
1. In the event that a Reporter establishes that there is illegal, punishable or infringing content on the Baby Diaries Platform, he or she will report this to Travel Diaries B.V. as soon as possible. by sending an email to support@babydiariesapp.com. Travel Diaries B.V. investigates all reports thoroughly and may accordingly take appropriate action to remove and keep the unlawful, criminal or infringing content removed.
2. After receipt of a report, Travel Diaries B.V. assessed whether the content is unmistakably punishable, unlawful or infringing against the Reporter or those represented by the Reporter.
3. If, according to Travel Diaries B.V. there is clearly unlawful, infringing and/or criminal content, Travel Diaries B.V. inform the Reporter and User of this as soon as possible and motivate this. Travel Diaries B.V. ensures that the relevant content will be removed from the Baby Diaries Platform without delay.
4. If no unequivocal judgment is reached about the illegality, the infringing nature or the criminality of the Content, Travel Diaries B.V. inform both User and Reporter thereof. Travel Diaries B.V. will in that case immediately remove the Content from the Baby Diaries Platform and keep it removed. The Reporter and the User must, where appropriate, reach a mutual agreement about the criminality, the infringing nature or the illegality of the Content.
1. Travel Diaries B.V. reserves the express right to delete the User's account if no activity is detectable after 12 months. Before Travel Diaries B.V. decides to delete the inactive account, it informs the User of this intention by e-mail. The user then has 4 weeks to start using the account again.
2. If the User starts using the account again within the term specified in the previous paragraph, Travel Diaries B.V. from its intention to remove. If the User does not start using the account, Travel Diaries B.V. be passed.
1. Travel Diaries B.V. is not liable for the consequences, legal or otherwise, of the activities of the User on the Baby Diaries Platform, neither in the Netherlands nor abroad.
2. Travel Diaries B.V. furthermore excludes all liability for direct or indirect damage suffered by the User, in whatever form, arising from and/or related to the use or the content of the Baby Diaries Platform or the (temporary) inability to use the Baby Diaries Platform. to use and/or consult.
3. If Travel Diaries B.V. is held liable by third parties due to content that is unlawful or that infringes the rights of these third parties, Travel Diaries B.V. entitled to recover the resulting damage for it from the User.
Travel Diaries B.V. has the right to supplement or change the content of these terms of use at any time. Travel Diaries B.V. will provide the amended terms of use to the User prior to their coming into effect. If the User does not agree to the amended terms of use prior to the entry into force, Travel Diaries B.V. deny access to the Baby Diaries Platform until User agrees to the amended terms of use.
1. Dutch law applies to these Terms of Use.
2. If one or more provisions of these Terms of Use is or becomes void, voidable or otherwise unenforceable, this does not affect the legal validity of the other provisions. An enforceable alternative provision will then be determined. In doing so, the nature, purport and intention of the void, voidable or otherwise unenforceable provision will be taken into account as much as possible.
3. The Baby Diaries Platform is provided by Travel Diaries B.V. managed. Disputes arising as a result of the services provided by Travel Diaries B.V. via the Baby Diaries Platform, will in the first instance only be submitted to the competent court in the district of the District Court of Rotterdam, depending on the nature of the dispute, unless Travel Diaries B.V. prefers to submit the dispute to the competent court in the User's place of residence.