Terms of Service

Last updated: 28 January 2014.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES.

Terms of website use

These terms of service (together with the documents referred to in it) tell you the terms of service on which you may make use of our website gibbon.co, services and applications ("Services"), whether as a guest or a registered user. Use of our Services includes, but is not limited to, accessing, browsing, or registering to use our Services.

Please read these terms of service carefully before you start to use our Services as these will apply to your use of our Services. We recommend that you save or print a copy of this for future reference.

By using our Services, you confirm that you accept these terms of service and that you agree to comply with them.

If you do not agree to these terms of service, you must not use our Services.

Other applicable terms

These terms of service refer to our Privacy Policy, also apply to your use of our Services, and set out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you are accurate.

Information about us

Gibbon.co is a site operated by Gibbon B.V. ("We"). We are a private company with limited liability registered in The Netherlands under company number 57897808 and have our registered office in Leiden, The Netherlands. Our principal place of business is in Leiden (2311AA) at Haagweg 4 F 1, The Netherlands. Our VAT number is NL852784363B01.

Changes to these terms

We may revise these terms of service at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our Services from time to time, and may change the content at any time. However, please note that any of the content related to our Services may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Services will be free from errors or omissions.

Accessing our Services

Our Services may be subject to a contractually agreed monthly subscription fee. Access to our Services will terminate if you or we (i) terminate for convenience upon one month prior notice or (ii) you or we are in material breach of any of its terms and if the breach is not remedied within a reasonable period after written notice of it has been given to the party in breach.

We do not guarantee that our Services will always be available or uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms of service and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at hello@gibbon.co.

Gibbon intellectual property rights

We are the owner or the licensee of all intellectual property rights relating to our Services. Our Services are protected by copyright, trademark and other intellectual property laws and treaties around the world, whether registered or unregistered, and including all applications for and renewals or extensions of such rights. All such rights are reserved.

Any commercial use of the Services is prohibited without entering into a separate written agreement with us.

If you use our Services in breach of these terms of service, our permission to use our Services will cease immediately.

User contributions

Whenever you make use of a feature that allows you to link to (content on) third party websites or save, add, post, submit or upload content to our Services or to make contact with other users of our Services ("Contribution"), you warrant that you are legally entitled to make such use of the content in your Contribution and that your Contribution does not violate any third party rights, in particular intellectual property and privacy rights.

By making a Contribution to our site you grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, copy, distribute and disclose to third parties any such Contribution for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any Contribution by you to our site constitutes a violation of its rights, in particular intellectual property or privacy rights.

We have the right to remove any Contribution to our Services if that Contribution is a violation of third party rights, in particular intellectual property or privacy rights, or does otherwise not comply with applicable laws or regulations.

The views expressed by other users on our site do not represent our views or values.

No reliance on information

We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution made by you or any other user of our site.

The content accessible via our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content related to our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of service excludes or limits our liability arising from our gross negligence or wilful intent or any other liability that cannot be excluded or limited by Dutch law.

To the extent permitted by law, we exclude all warranties or other terms which may apply to our site, services or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Services; or

  • use of or reliance on any content displayed on our site or in connection with our Services.

    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

    Our Services contain links to other sites and resources provided by third parties. These links are provided for your information only. We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked on our site or Contributions made by users. Such links or Contributions should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    Infringement

    If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Services in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice (“Notice”) which should include the following written information:

    a. a statement that you have identified material in the Services which infringes your copyright or other intellectual property rights;

    b. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

    c. your full name, email address, postal address and telephone number on which you can be contacted;

    d. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

    e. a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;

    f. physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed

    For notice of claims of infringement on or regarding the Services Gibbon can be reached as follows:

    By mail: Gibbon, Haagweg 4 F 1, 2311 AA Leiden (2311AA), The Netherlands

    By email: hello@gibbon.co

    Viruses

    We do not guarantee that our Services will be secure or free from bugs or viruses.

    You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.

    You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

    Applicable law

    These terms of service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Dutch law. We both agree to the exclusive jurisdiction of the courts of The Hague, The Netherlands.

    Contact us

    To contact us, please email hello@gibbon.co.

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