These Terms are last updated on Thursday, 1 December 2016 and are effective immediately for users without an account or that register an account after that date.
By granting yourself access to or making use of the websites, applications and functions of WhichMuseum (the "Site") you agree to these terms of Service (the "Terms") and conclude a legally binding contract with WhichMuseum B.V. ("WhichMuseum"), a company based in Amsterdam, the Netherlands.
If you do not wish to agree to these Terms, please do not visit or make use of this Site.
- "Users", "you" and "your": users of the Site, anyone who accesses, browses, crawls, scrapes, or in any way uses the Site.
- "WhichMuseum", "we", "us" and "our": WhichMuseum B.V., located on Bilderdijkstraat 118-3, 1053 KZ in Amsterdam, the Netherlands.
- "Content": text, images, photos, audio, video, location data, and all other forms of data or communication.
- "Your Content": any Content you submit or transmit to, through use of, or in connection with the Site.
- "User Content": any Content that Users submit or transmit to, through use of, or in connection with the Site.
- "WhichMuseum Content": Content that WhichMuseum creates and that is made publicly available in connection with the Site.
- "Third Party Content": Content from parties other than WhichMuseum or its users, that is made available in connection with the Site.
- "Site Content": any Content that is available in connection with the Site, including Your Content, User Content, WhichMuseum Content and Third Party Content.
WhichMuseum may at any time modify the Terms where it deems it necessary. The date of the latest changes is indicated at the top of this page. The latest version of the Terms will be posted here.
WhichMuseum will give timely notice of all significant changes to the Terms via e-mail or by placing an announcement on the Site before the effective date of the change. Your continued use of the Site after the effective date of the changes to the Terms indicates that you accept the changes.
Since the revised Terms are binding for you, we encourage you to review these Terms from time to time.
These Terms may be translated into other languages for your convenience. Nevertheless, the Dutch version governs your relationship with WhichMuseum, and any inconsistencies among the different versions will be resolved in favor of the Dutch version.
- Requirements and restrictions regarding your use of the Site
To access or use the Site you must be 16 years or older, have the requisite power and authority to enter into this agreement and use the Site in accordance with all conditions described in this document. You agree to indemnify WhichMuseum against liability to any person as a result of your use of the Site that is not in accordance with these Terms.
If you are a competitor of WhichMuseum, if WhichMuseum has previously denied you access or if your account is suspended by WhichMuseum due to illegal use of the Site, it is prohibited to use the Site.
Furthermore, it is not allowed to:
- violate the Terms and the law;
- modify, reproduce, distribute, translate, create custom or derivative works, publicly display or exploit the Site or the Site Content in any way, unless you have obtained prior written consent for this from WhichMuseum or any other party entitled thereto or you own the rights;
- to remove or modify any trademark, copyright or other proprietary rights notice that appears on any portion of the Site or any material that is printed or copied from the Site;
- frame any portion of the Site or add any portion of the Site to other websites without written consent from WhichMuseum;
- grant yourself access to, monitor or index the Site or Site Content, or copy it by using robots, spiders or scrapers or other automated tools or manual processes for whatever purpose;
- to disclose information which may pose a security risk to WhichMuseum, other users or third parties or that could be used to bypass (technical) protective measures;
- to disclose or make accessible viruses, worms, bots, or any other (potentially) harmful computer software
- retrieve Site Content or access the Site to create or add content or data to a similar website;
- to collect, store, process or disclose information from and about users of the Site;
- to reverse engineer any portion of the Site;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the technology infrastructure of WhichMuseum or otherwise make excessive traffic demands of the Site;
- attempt to gain unauthorized access to the Site, user accounts, networks or computer systems that are connected to the Site.
- Own risk
Your use of the Site is at your own risk, including the risk of exposure to indecent, insulting, inaccurate or otherwise inappropriate content.
The Site may at any time be modified, interrupted, suspended, or discontinued without notice or liability.
When creating your account, you may not impersonate someone else, or use an email address other than your own. If you use a pseudonym, take care to note that others may still be able to identify you through other information provided by you or Content on or of the Site or other sites.
By creating an account on the Site, you consent to receive communications via email, mail or via the Site that are related to the Site, by WhichMuseum and by other users.
Your account is for personal, non-commercial use only, except if your account is converted to a WhichMuseum Museum Account and you have explicit consent of WhichMuseum. Consult the Content Guidelines. for the guidelines we use concerning the use of a WhichMuseum Museum Account.
You agree to notify us immediately of any unauthorized use of your account.
WhichMuseum reserves the right to close your account or to deny access at any time for any or no reason, without notice or liability.
- Requirements and restrictions regarding your use of the Site
- Responsibility and restrictions regarding your Content
WhichMuseum lets you create Content. You alone are responsible for Your Content, including, but not limited to text, drawings, ratings, reviews, photos, films, images, data, music and advertisements. When Your Content is published, it is not always possible to withdraw it. All risks associated with Your Content, including when others rely on the reliability, accuracy or quality and the publishing of Content that makes you personally identifiable, are borne by you.
You agree to not use or distribute copyrighted material for Your Conten on the Site, for which you do not own the rights or don’t have the permission to use the material, and you agree to hold WhichMuseum harmless against any claim related to or arising from your violation of this provision.
WhichMuseum does not always check the content that its users publish on the Site and will in no way be responsible or liable for this Content or its placement. Nevertheless WhichMuseum reserves the right to restore, modify, block, deny or remove User Content at any time, in its sole discretion and without notice to you and without liability to pay compensation. WhichMuseum has no obligation to keep Your Content or provide you with copies.
You agree not to publish, transmit or share Content on the Site that:
- violates applicable laws and regulations or incites its violation;
- violates the rights of third parties, including copyright, trademark,patents, confidential information, moral rights, privacy rights, publicity rights, or any other intellectual property rights;
- is false or deliberately misleading;
- is libelous or defamatory;
- is offensive or insulting, including but not limited to racist Content;
- contains illegal material, including pornography and incitement of hatred;
- exploits or harms minors;
- entails the sending of 'junk mail', 'chainletters', or unsolicited 'mass messaging' or 'spamming' or manipulates the search results of the Site or any third-party website;
- contains instructional information about illegal activities;
- promotes illegal copies or the illegal copying of copyrighted work of another person;
- implies sponsorship or endorsement by WhichMuseum;
- is used for promotional, commercial or advertising purposes, without the prior written consent of WhichMuseum.
- Ownership and rights
By publishing Your Content, including your trade names, logos and brands on the Site you grant WhichMuseum a non-exclusive, royalty-free, sub-licensable and transferable worldwide license to use, copy, publicly display, modify, translate or quote this Content or include it in advertising or other expressions, use it commercially, distribute it or promote it, without your consent or notice thereof. Also, you irrevocably waive, and cause to be waived, against WhichMuseum and its users any claims and assertions of moral rights or attribution with respect to Your Content.
As between you and WhichMuseum, you are the owner of Your Content. WhichMuseum is the owner of the WhichMuseum Content and all hierin vervatte text, images, markings, logos and other Content including but not limited to design, visual interfaces, computer code, compilations of Content, aggregated user review ratings, and all other elements and components of the Site, excluding Your Content, User Content and Third Party Content. WhichMuseum also owns all copyrights and all other intellectual and proprietary rights associated with the WhichMuseum Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
Except as expressly and unambiguously provided herein, WhichMuseum does not grant you any express or implied rights, and all rights in and to the Site and the WhichMuseum Content are retained by WhichMuseum.
- Third Parties
The Site may contain links to other websites or third-party applications. WhichMuseum is not responsible for the content or availability of those sites.Their use is at your own risk.
- Responsibility and restrictions regarding your Content
Guidelines and Policies
Choice of Law and Venue
The Site is operated by WhichMuseum vof from its office in Amsterdam, the Netherlands. Dutch law will govern these Terms as well as any claim, cause of action or dispute that may arise out of or that is related to your use of the Site, without regard to conflict of law provisions. For any claim brought by either party, you hereby agree to submit and consent to the exclusive jurisdiction and venue of courts in the Netherlands.
- In the event of termination of your use of the Site these Terms remain applicable to your use of the Site till the moment of termination.
- WhichMuseum may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.
You agree to indemnify and hold WhichMuseum, her employees and any other related companies and persons harmless against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, brought by third parties and caused by, as a result of of or in connection with: (I) your access to or use of the Site, (II) your violation of these Terms, (III) products or services purchased or obtained by you in connection with the Site, or (IV) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
WhichMuseum reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify WhichMuseum and you agree to cooperate with our defense of these claims. You agree to not settle any such matter without the prior written consent of WhichMuseum.
- By accessing or using the Site you represent to have read and understood the conditions contained in this section. If you do not understand this section or other sections in the Terms, please consult with a legal professional and/or WhichMuseum prior to accessing and/or using the Site.
- The Site and the on the Site delivered Site Content and services are made available on an ‘as is’, ‘as available’ and ‘with all faults’ basis, with the express understanding that WhichMuseum will not monitor and control User Content.
- Nothing herein is intended to limit any rights you may have which may not be lawfully limited and the described conditions herein only apply up to the maximum extent permitted under applicable law.li>
- Depending on the above, the use of the Site is at own risk and WhichMuseum shall not be liable for any loss or damage of any kind resulting from your use of the Site and/or Site Content including, but not limited to direct, indirect, incidental, consequential, punitive or special damages or loss of revenue, profits, goodwill, reputation, data, or information, contracts, use of money, or loss or damage arising from or related to business interruption of any kind, security problems or from your reliance on the quality, accuracy and reliability of the Site and the Site Content.
- WhichMuseum makes no promises or claims with respect to any third party, including users of the Site, museums and other companies listed on it. WhichMuseum is therefore not liable for any damage or loss that may result from their actions or negligence, including, but not limited to abuse of your data and content by another user or negative experiences with museums or other companies on the Site. Your purchase and use of products and/or services offered by third parties through the Site is at your own risk.
- WhichMuseum disclaims all express and implied warranties, including but not limited to warranties as to products and services offered by museums and other companies listed on the Site, and implied warranties of merchantability, fitness for a particular purpose and non-infringements. No advice or information, whether oral or written, obtained by you from a representative of WhichMuseum shall create representation or warranty.
- Your sole right in case of dissatisfaction with the Site and related services is your termination and discontinuation of access to, or use of the Site.
- WhichMuseum is in no way obligated to enforce the Terms on your behalf against another user.
- You agree that no partnership, joint venture, agency, or employment relationship exists between you and WhichMuseum as a result of this agreement or the use of the Site.
- Failure on WhichMuseum’s part to exercise or enforce any right or provision of the Terms does not constitue a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of these Terms is not unenforceable, invalid, or assessed to be violating the law by a competent judge, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- Neither these terms, nor any rights or obligations arising from it are assignable, transferable, delegable or sublicensable by you except with the prior written consent of WhichMuseum, but may be assigned or transferred by us without restriction. Any attempted to transfer, delegate or sublicense by you shall violate these Terms and be void.
- The section titles are for convenience only and have no legal or contractual value.