From April 1, 2017 onwards Banyan Consult B.V. stopped offering this service "bindrs". Since I like to continue using bindrs myself I, Ferdinand Harmsen, will continue offering the service through the internet. But from April 1, 2017 on the use of bindrs will be completely at your own risk. Anyone will be free to use bindrs for his own purposes. But I won't accept any responsibility for any damage that might occur to you or to the content or data you enter into the system caused by the use of the service. I also won't accept any responsibility for the content or data you enter into the system.
I also want to ask your attention for Article 8. Changes to terms in the underneath mentioned terms.
Article 1. Use of the service
1.1 The service bindrs allows you to create and use private social networks that enable you to collaborate with the people you invite across social networks and email.
1.2 To use bindrs, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Banyan Consult BV may assume that all actions undertaken from your account after logging in with your username and password, or logging in with your credentials for one of the social networks you have connected to your bindrs account, is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Banyan Consult BV that someone else knows your password, or that the account of a social network you connected to your bindrs account has been compromised.
1.4 Bindrs processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Banyan Consult BV for more information.
2.1 It it is not permitted to use bindrs for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2 In addition, on bindrs it is forbidden to
- publish information in violation of copyright or hyperlinks to such information;
- violate the privacy of third parties, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
and to do anything that violates applicable netiquette.
2.3 Should Banyan Consult BV discover that you violate any of the above, or receive a complaint alleging the same, then Banyan Consult BV may intervene to end the violation.
2.4 If in the opinion of Banyan Consult BV the continued functioning of the computer systems or network of Banyan Consult BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Banyan Consult BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5 Banyan Consult BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
3.1 Banyan Consult BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 Banyan Consult BV actively maintains bindrs. In case maintenance is reasonably expected to negatively impact availability, Banyan Consult BV carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3 Banyan Consult BV may from time to time adapt bindrs. Your feedback and suggestions are welcome but ultimately Banyan Consult BV decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1 The service "bindrs", the accompanying software as well as all information and images on the website is the intellectual property of Banyan Consult BV. None of these items may be copied or used without prior written permission of Banyan Consult BV, except and to the extent permitted by mandatory law.
4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Banyan Consult BV receives a limited license to use this information for the service.
4.3 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Banyan Consult BV may decide to adapt or remove the information.
4.4 You may change information you contribute to a bindr or store using the service at your own discretion. Complete removal from a bindr and the system however can only be done by a super buddy of a bindr.
4.5 If you send information to Banyan Consult BV, for example a bug report or suggestion for improvement, you grant Banyan Consult BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6 Banyan Consult BV shall refrain from accessing data you store or transfer using bindrs, unless this is necessary for a good provision of the service or Banyan Consult BV is forced to do so by law or order of competent authority. In these cases Banyan Consult BV shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1 The basic use of bindrs is offered completely at no charge.
5.2 For premium use of bindrs a fee can be charged.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence Banyan Consult BV shall not be liable for the use of the service or any damages in connection therewith.
6.2 Banyan Consult BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to Banyan Consult BV at most two months after discovery.
6.4 In case of force majeure Banyan Consult BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3 Banyan Consult BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Banyan Consult BV shall first send a reminder mail to the e-mail address connected to your account.
Article 8. Changes to terms
8.2 Banyan Consult BV shall announce through the service changes or additions at least thirty days before their taking effect.
Article 9. Miscellaneous provisions
9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with bindrs shall be brought before the competent Dutch court for the principal place of business of Banyan Consult BV.
9.4 The version of any communication of information as recorded by Banyan Consult BV shall be deemed to be authentic, unless you supply proof to the contrary.
9.6 Banyan Consult BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of bindrs or the associated business activities.