Disclaimer / Terms & Conditions
DISCLAIMER / TERMS AND CONDITIONS
1. GUP Magazine basic services are free of charge for audience, challenge participants and judges.
2. Advanced (paid) services are optional and are only charged to you if you explicitly order them.
3. Your privacy is important to us. The TRUSTe security guidelines are applied where appropriate for and achievable by GUP Magazine for taking care of your personal data.
4. GUP Magazine does not pass your personal data on to any third party, neither for advertising, marketing, nor for any other purposes, without your approval.
5. If you are under 13, you are not permitted to use GUP Magazine and should not provide personal information on GUP Magazine. If you are not an adult, you hereby confirm that you have obtained approval from your parents to register with and use GUP Magazine.
6. You only provide true, accurate, current and complete information.
7. Contact data, including website addresses, email addresses, telephone numbers, eXP are only allowed in fields that are intended for that purpose.
8. You may NOT upload, post or otherwise transmit any content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or not suitable for minors.
9. You are advised to agree to receive emails that are specific to your account and necessary for the normal functioning of GUP Magazine. You will never report GUP Magazine email as spam.
10. You will keep your login details (email/password combination or social network account) secret.
11. GUP Magazine is not responsible for any content posted by any subscriber.
12. By using GUP Magazine you agree to indemnify GUP Magazine and its subscribers, and hold them harmless from any and all claims and expenses.
13. You allow GUP Magazine to display advertising, including third party advertising, through the website and by direct mail, in reasonable amounts.
14. GUP Magazine is never responsible for any direct or indirect damages.
15. GUP Magazine warranties and guarantees are limited.
16. DuXPh law is applicable. Disputes arising in connection with GUP Magazine shall be resolved exclusively by the competent courts in The Netherlands.
User Terms & Conditions
GUP Magazine is a global media platform publishing photography related content including contests, actions, talent hunts, etc, hereafter collectively called ‘content, products and services’. This platform is a general content framework (print / web / mobile / events), which can be applied to any field of photography. X publishers B.V. independently creates content based on this platform in close co-operation with partnering production- and media companies; enhancing existing off-line content and concepts and on-line (social) platforms.
GUP Magazine is owned and produced by x publishers B.V. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “XP”). By registering to be a subscriber of XP or to use any XP Service, you are agreeing to the following User Terms & Conditions, hereafter called ‘Terms and Conditions’. In addition, there are a variety of special Products and services offered through XP that can have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements. When you are using any XP service or product that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Additionally, even if another XP service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and Conditions will also apply to the use of that service or product. XP also may supplement the Terms and Conditions with additional posted guidelines or rules. You can view the most current version of the Terms and Conditions at any time by visiting www.gupmagazine.com, and click on ‘Terms & Conditions’. These Terms and Conditions constitute the entire agreement between you and XP and govern the use of the XP Products and services, superseding any prior agreements between you and XP.
Because the Terms and Conditions contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.
These Terms and Conditions may be amended from time to time without any notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. Changes apply to both new agreements and to existing agreements. Changes shall be effective for new agreements upon posting by XP on the website. Changes shall be effective for existing agreements one month after publication or another date if explicitly mentioned. Changed Terms and Conditions are published on the GUP webpage and may be published using the Products and services. You agree to be bound to any changes to these Terms and Conditions when you use the Products and services after the effective date of any such posted modification. If you do not agree with the changes you shall not use the XP Products and services from the date the changes are effective, and you are personally responsible to block or remove your XP account. You are kindly requested to send a message to the XP helpdesk, so XP can understand your objections.
Products and services
The Content, products and services enable users to bring together and contact other users. In no event shall XP participate in any communication among the user with other users. You are solely responsible for your interactions with other XP subscribers. XP reserves the right, but has no obligation, to monitor disputes between you and other Subscribers. If the user enters into agreements with other users via the content, products and services, XP shall not be a contracting party to these agreements, and in no event shall XP be responsible for the execution and/or fulfilment of contracts between the user and any other user. XP does not warrant nor represent that the user may successfully establish the contact to any other user regarding any agreements made via the Content, products and services. Further, XP shall not be liable to any user for a breach of duties under agreements between users.
By using the content, products and services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions, together with any other posted guidelines or rules applicable to any specific Product or Service.
Certain of the content, products and services will require the user to register and provide certain data. In consideration of use of the content, products and services, you as a user agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or XP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, XP has the right to suspend or terminate your account and refuse any and all current or future use of the content, products and services (or any portion thereof). The user is entitled to register with XP only once, and the user may only establish one user profile.
It is impossible for XP to determine with certainty whether any user registered with XP is in fact the person, which such user represents to be. XP does not warrant nor represent the correctness of any user’s represented identity, and each user is solely responsible to check the correctness of the identity of any other user.
Pricing and Payment
XP reserves the right to modify its content, products and services pricing from time to time, for any reason, and without notice. Pricing will only effect new transactions. Details of the applicable fees can be found on the XP web pages. The listed fees are binding. Payments shall be due and owing immediately by the user before being allowed to use the relevant content, products and services. The user may effect payment by the payment systems offered by XP only. If payments are not received by XP in time or if XP cannot collect any fees due and payable from an account designated by the user due to lack of coverage of said account, the user shall bear all costs arising there from, including without limitation bank charges related to any debit entries and/or similar charges, plus interest. XP is entitled to cancel your subscription and/or block your account if payments are not received in time or not received at all. User payments are not refundable. In all cases where user’s payments are refundable enforced by law, XP charges user administration costs with a minimum of 200 euro excluding VAT per account, plus money transfer costs, plus transaction costs, plus money exchange costs. XP is entitled to deliver invoices to the user by e-mail or mail. VAT is charged according to the DuXPh tax laws. Whether or not to charge VAT depends on whether the content, products and services are charged to natural persons or to (registered) companies, and whether they are based in The Netherlands, elsewhere in the European Union, or outside the European Union. Companies in the European Union have to give their VAT registration number. Local VAT payment, if applicable, by the company stated by the user, remains the responsibility of the user until the stated company has fulfilled it’s obligations. If the stated company does not fulfil it’s VAT obligations, the VAT will be charged to the user, and the user shall bear all costs arising there from, including without limitation bank charges and/or other charges, plus a minimum of 200 euro for XP to cover administration costs.
Responsibility for Children
We encourage parents to take an active interest in their children’s use of the Internet. Gupmagazine.com is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the service and should not provide personal information on XP. Minors may only use the Content, products and services when they are authorised by one of their parents, or by another adult that holds legal responsibility for them. By registering as a subscriber minors confirm that they have obtained this authorisation. Adults that authorized a minor to use the Content, products and services, are fully responsible for: (I) the online conduct of such minor; (II) controlling the minor’s access to and use of the content, products and services; (III) the consequences of any misuse by the minor; and (IV) the fulfilment of minor’s obligations under the agreement.
Responsibility for Password and Username and/or Social Network Account
Upon registering, you may receive a password and username. Your username is the e-mail address you provide, as part of your registration data. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify XP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. XP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
As an alternative to registering using an email/password combination, you may register using your social network account (i.e. Facebook, Twitter, Hyves, OpenID). You are responsible for maintaining the confidentiality of your social network account, and are fully responsible for all activities that occur via your social network account on gupmagazine.com. You agree to (a) immediately notify XP of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. XP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Responsibility for content
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not XP, are entirely responsible for all content that you upload, post, email or otherwise transmit via the content, products and services. XP does not control user or third party content posted via the content, products and services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. XP may investigate complaints and violations of our policies that come to our attention and may take any action that XP believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, XP also reserves the right not to take any action. Under no circumstances will XP be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Content, products and services. XP does not, as a general practice, pre-screen user or third party content posted on the content, products and services, although XP reserves the right to do so. By posting any content to XP, you hereby grant to XP and it’s subscribers the non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use, publicly perform and display such Content also, should the occasion arise, within the scope of advertising, commercial or any communication activity. Furthermore, you agree that XP retains the right to reformat, excerpt, or translate any content submitted by you. You understand and agree that XP may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms and Conditions, or protect the rights, property, or safety of XP, its users, and the public.
Statement for content
All content generated on www.gupmagazine.com by the GUP editorial team is owned by XP, with the expetion of the ‘blog’ and ‘exhibition and event guide’ sections. The content in the ‘blog’ section is generated by external bloggers collaborating with GUP/XP, those collaborating bloggers are fully liable for their own generated content published by XP on www.gupmagazine.com. XP can’t be held liable for any content published in the ‘exhibition and event guide’ section since most of the infprmtion is supplied by third parties.
Disclaimer of Warranty
XP disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. XP does not warrant that its services are error-free or that they will operate without interruption nor does XP make any warranty with respect to the quality, reliability, timeliness or security of the content, products and services (including the existence or non-existence of any viruses or other destructive elements within the Content, products and services). XP makes no guarantee as to the availability of content, products and services and is not responsible for any loss of information resulting from deletion of content, products and services, network or system outages, file corruption, or any other reasons.
The content, products and services may only be used for the intended purpose for which such content, products and services are being made available. You may NOT use the content, products and services to:
(a) Upload, post or otherwise transmit any content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post links to any content that exploits the images of children under 13 years of age, or that discloses personally identifying information belonging to children under 13 years of age;
© Harm minors in any way;
(d) Associate XP and any content, products and services with any illegal material of any sort. This includes any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the content, products and services to store, use, contain unethical material, racism, hatred, profanity, or any material that may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but not limited to, a XP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, past or present;
(f) Sell, distribute, or make any commercial use of data obtained from any content, products and services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
(g) Use the content, products and services to (I) redirect to another web page or (II) store or host content for remote loading by other web pages;
(h) Use the content, products and services to hyperlink to content not permitted on the XP network;
(i) Interfere with or disrupt the content, products and services or servers or networks connected to the content, products and services, or disobey any requirements, procedures, policies or regulations of networks connected to the Content, products and services;
(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
(k) Disobey any XP employee or representative or interfere with any action by any XP employee or representative to redress any violation of these Terms and Conditions;
(l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any XP database, including, without limitation, by incorporating data from any content, products and services, whether browser-based, web-based, or otherwise;
(m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Content, products and services;
(n) Upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(o) Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
I. Making available copyrighted software or other content that has had the copyright protection removed.
II. Making available serial numbers for software that can be used to illegally validate or register software.
III. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content.
IV. Making available any software files for which the user does not own the copyright or have the legal right to make available;
(p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. In order to protect our subscribers from such advertising or solicitation, XP reserves the right to restrict the number of messages which a subscribers may send to other subscribers in any 24-hour period to a number which XP deems appropriate in its sole discretion.
(q) Use any software deployed in connection with the content, products and services to process data as a service to other entities without the express written consent of XP or the party from whom such software may be licensed.
® Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(s) Intentionally or unintentionally violate or conspire to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
(t) “Stalk” or otherwise harass another;
(u) Collect or store personal data about other users, including, but not limited to, information about another user’s experience, skills, number or identity of contacts. This also includes collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website.
(v) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(w) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Content, products and services.
(x) Distribute or display to others content in general and data of other users in particular.
(y) Any automated use of the content, products and services, such as using scripts, is prohibited.
(z) Post content in fields that aren’t intended for that Content.
(aa) Access content or data not intended for you, or log onto a server or account that you are not authorized to access.
(ab) Attempt to probe, scan or test the vulnerability of the content, product and services or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the content, products and services or servers or networks connected to the content, products and services, or disobey any requirements, procedures, policies or regulations of networks connected to the content, products and services.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the XP website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website.
Use of the content, products and services is subject to compliance with these Terms and Conditions. You acknowledge and agree that XP may terminate your account and your access to any of the content, products and services, and may remove and discard any content, without prior notice, anytime, especially should you fail to comply with the Terms and Conditions or any other guidelines and rules published by XP. Any such termination shall be in XP’s sole discretion and may occur without any notice. XP further reserves the right to terminate any user’s account or access to the Content, products and services for any conduct that XP, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to XP or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. XP further reserves the right to terminate any user’s account if there is no evident activity. All mailings sent to you by XP are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your subscribership in XP. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your subscribership with XP. If you report any of these mailings or service notification emails, as Unsolicited Commercial Email, or SPAM, XP reserves the right to terminate your XP account.
Limitation of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, XP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CONTENT, PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, XP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CONTENT, PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CONTENT, PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE CONTENT, PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE CONTENT, PRODUCTS AND SERVICES. XP SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE CONTENT, PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT XP DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE CONTENT, PRODUCTS AND SERVICES. XP DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. XP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE CONTENT, PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. XP MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY CONTENT, PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTENT, PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XP OR THROUGH OR FROM THE XP CONTENT, PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT XP MAKES NO REPRESENTATIONS THAT CHALLENGES WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. XP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY CHALLENGES ORGANISED BY OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SUBSCRIBERS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, XP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not all apply to you insofar as they relate to implied warranties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL XP OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE CONTENT, PRODUCTS AND SERVICES OR RELIANCE ON THE CONTENT, PRODUCTS AND SERVICES. USE OF THE CONTENT, PRODUCTS AND SERVICES INCLUDES, BUT IS NOT LIMITED TO, USING CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO SUBSCRIBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY OR DEATH (EVEN IF XP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONTENT, PRODUCTS AND SERVICES, FROM INABILITY TO USE THE CONTENT, PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONTENT, PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CONTENT, PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CONTENT, PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CONTENT, PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CONTENT, PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CONTENT, PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE CONTENT, PRODUCTS AND SERVICES OR TO XP. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF SUBSCRIBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID XP SUBSCRIBERS, XP’S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID SUBSCRIBERS’ MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL XP OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. UNDER NO CIRCUMSTANCES WILL XP BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL OR OTHER ACCOUNTS, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not all apply to you.
By using the content, products and services you agree to indemnify XP and its officers, employees, agents, licensors, affiliates, subsidiaries and other subscribers, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the content, products and services, or from any person’s use of any account or password you maintain with any of the content, products and services, regardless of whether such use is authorized by you. By using the content, products and services, you are hereby agreeing to release XP and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you or third parties may have against them arising out of or in any way related to such disputes and/or to the content, products and services.
By using the Content, products and services you agree to indemnify and hold XP, its associates and respective subscribers and Subscribers harmless from and against any liability, loss, damage, rights, claims or other reasons for legal action of any type whatsoever, deriving (in whole or in part), directly or indirectly, from the acceptance, possession or use, whether lawful or otherwise, of any prize received in relation to a Challenge.
By participating in any online or offline XP event, you agree to release and hold XP harmless from any and all losses, damages, rights, claims and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such XP event.
Chamber of Commerce Registration
x publishers B.V. is registered at the Chamber of Commerce in Amsterdam, The Netherlands. Registration date: 21 August 2009, registration code: 34345815.
By using the content, products and services you agree that the use of XP, and this agreement, shall be governed by and in accordance with DuXPh law and that disputes arising in connection with XP shall be resolved exclusively by the competent courts in The Netherlands. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than The Netherlands.
The use of the content, products and services is not allowed in jurisdictions, countries and states where all or part of these Terms and Conditions are not permitted according to the local laws, rules or regulations. It is your responsibility to review these Terms and Conditions during the registration process with XP, and to only accept the Terms and Conditions when they are permitted according to the local laws, rules or regulations.
Usage of XP Servers
XP servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
XP Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any XPP-IP packet header or any part of the header information in an email or a newsgroup posting.
GUP subscribers shall not use excessive amounts of CPU processing on any of XP’s servers. Any violation of this policy may result in corrective action by XP, including assessment of additional charges, disconnection or discontinuance of any and all content, products and services, account termination, termination of this Agreement, as well as the deletion of any content, which actions may be taken in XP’s sole and absolute discretion. If XP takes any corrective action under this section, the subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage
GUP subscribers shall not use excessive amounts of bandwidth or disk space on any of XP’s servers. XP reserves the right to monitor each Subscriber’s bandwidth and disk usage. XP shall have the right to take corrective action if any Subscriber’s bandwidth or disk usage is excessive. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, account termination or termination of this Agreement, which actions may be taken in XP’s sole and absolute discretion. If XP takes any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.
“Crawlers” and “Spiders”
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the XP website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the XP website(s).
Links to the XP Website(s)
Links to XP website(s), including the use of the XP logo for this specific purpose, may in principle be used on all sites, whether or not these are of a commercial nature. However, the contents of the site linking to XP may not be offensive, discriminating and/or in breach of the law, this at XP’s sole and absolute discretion. The GUP logo must be at least 1 cm x 5 cm (on a normal computer screen with normal resolution), clickable, and clicking the logo must link to www.gupmagazine.com.
Communication between Parties
Communication between parties shall be done by e-mail as much as possible. The user is obliged to keep the e-mail address provided to XP accurate at all times. XP has at all times the right to assume that the e-mail that XP sends to the provided e-mail address will be received and read by the user.