Terms of Service

GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE WEBSITE IVANHOE.IO
Last Updated on May 27th, 2016

1. ACCEPTANCE OF THE TERMS

Thank you for using IVANHOE.IO. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the IVANHOE.IO website at www.ivanhoe.io (the “Website”), including but not limited to delivery of information via the Website

Please read these Terms carefully.

By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Ivanhoe.io, a company incorporated and existing under the laws of the Netherlands ("IVANHOE.IO"). Do not access or use the Website if you are unwilling or unable to be bound by the Terms.

You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website
  • Actually using the Services. In this case, you understand and agree that IVANHOE.IO will treat your use of the Services as an acceptance of the Terms.

2. DEFINITIONS

Ivanhoe.io is a commercial company, providing the Services administered through Website.

We

"We", "us" or "IVANHOE.IO" refers to Ivanhoe.io.

IVANHOE.IO (http://www.ivanhoe.io) is a web- based Internet platform, owned by Ivanhoe.io BV, a company incorporated and existing under Dutch law, registered under Chamber of Commerce Number 61717681, having its seat and registered office at Naarden, the Netherlands, which enables users to use the Services, which are the subject of these Terms of Service.

User

"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services.

Services

"Services" include any and all services, which "Ivanhoe.io" may offer to the User, through the Website.

Content

"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.

IVANHOE.IO Content

"IVANHOE.IO Content" means content that IVANHOE.IO creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data and all other elements and components of the Services excluding third party content. "Third Party Content" means content that comes from parties other than IVANHOE.IO or its Users and is available in or through the Services.

3. USING THE SERVICES

Eligibility

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.

Website Availability

The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

4. CHANGES TO THE TERMS

IVANHOE.IO may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.

5. TRANSLATION OF THE TERMS

IVANHOE.IO may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with IVANHOE.IO. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.

6. CONTENT

Ownership of Content

As between you and IVANHOE.IO, we own the IVANHOE.IO Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website, excluding Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the IVANHOE.IO Content and the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the IVANHOE.IO Content, in whole or in part, except as expressly authorized by us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.

7. RESTRICTIONS

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:

i. Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

ii. Violates those Terms;

iii. Violates any applicable law;

iv. Threatens, harms, harasses others, or promotes discrimination;

v. Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes;

vi. Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;

vii. Solicits personal information from minors, or submits or transmits pornography.

Apart from that, the User agrees not to:

i. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content.

ii. Use any robot, spider, site or mobile app search/retrieval application in the Website;

iii. Make attempts to reverse engineer any portion of the Website;

iv. Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;

v. Record, process, or mine information about other Users;

vi. Attempt to gain unauthorized access to the Website, the User Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;

vii. Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").

When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of IVANHOE.IO, and this action should be considered as if it was included in this clause

8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES

The way data, including your personal data, as well as cookies and logs are processed is outlined in our Privacy Policy. Please read it carefully for more information about how your personal data is being handled.

9. THIRD PARTY WEBSITES AND CONTENT

The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by IVANHOE.IO and IVANHOE.IO is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.

You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.

10. ADVERTISING

The Services may be supported by advertising revenue and may display advertisements and promotions.

Parts of the Website may contain such advertising information or promotional material or other material submitted to IVANHOE.IO by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than IVANHOE.IO, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. IVANHOE.IO will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.

11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against IVANHOE.IO and its users, any claims and assertions of any moral rights contained in such Feedback.

12. PAYMENT

We accept various payment methods. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription or order, you must ask the permission of the credit/debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by IVANHOE.IO.

If the issuer of your payment card refuses to authorise payment to IVANHOE.IO, we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. IVANHOE.IO, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the IVANHOE.IO server.

13. INDEMNITY

You are responsible for maintaining the confidentiality of your user data and credentials.

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the abovementioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, IVANHOE.IO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. IVANHOE.IO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE IVANHOE.IO SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH IVANHOE.IO, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

IVANHOE.IO MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. IVANHOE.IO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE ON THE WEBSITE.

YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.

IVANHOE.IO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO EUR 100.

IVANHOE.IO DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.

15. DISPUTE RESOLUTION

You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.

Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to IVANHOE.IO for accessing the Website and the Services or EUR 100, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of IVANHOE.IO.

This Agreement and all rights and obligations in connection with it are governed by Dutch law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Dutch court.

16. SEVERABILITY

If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

17. TERMINATION

i. You may terminate the Terms at any time by discontinuing your use of the Website or providing IVANHOE.IO with a notice of termination.

ii. We may suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing the Website, IVANHOE.IO Content and/or any other related information.

iii. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect.

18. GENERAL TERMS

i. We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.

ii. We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.

iii. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.

iv. The Terms contain the entire agreement between you and IVANHOE.IO regarding the use of the Website.

v. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.

vi. The section titles in the Terms are for convenience only and have no legal or contractual effect.

19. CONTACT

In order to address a question, to resolve a complaint regarding the Website or the IVANHOE.IO Services, or to receive further information regarding the Services, please contact IVANHOE.IO using one of the following methods:

Address:

IJsselmeerweg 1

1411AA Naarden

the Netherlands

E-mail:

hello@Ivanhoe.io