Talking Fantasy Terms of Use Agreement
This is the Talking Fantasy Terms of Use Agreement (“Agreement”) - being a member of Elf Fantasy, Chamber of Commerce, nr. and having its registered office in, VAT nr. – which is applicable to the service of Talking Fantasy, described as Talking Fantasy. Talking Fantasy is a social networking service through which you can connect to others and make friends. A way to communicate about the subjects that really interest you; fantasy, Middle Ages, magic, manga, scifi and gothic.
This Agreement sets forth the legally binding terms for your acceptable use of the services and content that is placed on the website of Talking Fantasy. Your rights, obligations and restrictions with respect to Talking Fantasy and the Talking Fantasy privacy policy.
We recommend you to read these terms of use with care so that you are aware of your rights and obligations when you make use of Talking Fantasy.
By using Talking Fantasy, in any way whatsoever, you accept to being bound to this Agreement. It also entails that you guarantee that someone who is using Talking Fantasy on your computer will also comply with this Agreement.
Talking Fantasy is entitled to amend this Agreement at any time. An amended Agreement shall be effective upon posting by Talking Fantasy on the website.
Talking Fantasy will inform her Members (those who have registered with Talking Fantasy) via the submitted e-mail address of such amendments. The most current terms of use can be viewed on the TalkingFantasy.com, TalkingFantasy.nl or the TalkingFantasy domains with other extensions. If you do not agree with an amendment you are entitled to discontinue your membership and use of the Talking Fantasy services.
If you continue the use of Talking Fantasy for at least one month after one or more amendments to the Agreement, this will imply that you accept this (these) amendment(s) irrevocably.
1. Service Talking Fantasy
Please take care when placing information on Talking Fantasy and offer her respectfully to others. On Talking Fantasy we don’t want texts or photo’s containing an obscene, explicitly sexual, lewd or harassing content. A photo of someone giving the finger doesn’t show respect. A good precept is how you perceive it. You don’t have to agree about everything, but everyone has a right to his or her opinion, so please respect that and take into account that there are users of all ages on Talking Fantasy.
Talking Fantasy has limited control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Talking Fantasy is not responsible or liable for the acts or omissions of other users, including the text, files, images, photos, video, sounds, musical works, works of authorship or any other materials (collectively, “Content”) they make available on the Talking Fantasy website. Therefore Talking Fantasy does not give warranties with regard to the Content provided by users.
If you become aware of misuse of the services of Talking Fantasy please contact us or click on the so-called ‘report-button’.
Talking Fantasy reserves the right, in its own discretion, to reject or refuse posted Content or to post or remove any posting or to limit, suspend, or terminate you access to the Talking Fantasy services when Talking Fantasy finds that your conduct damages the website or her users.
2. Account/Profile
1. In order to be able to use the services of Talking Fantasy, you apply for your own account in the manner described on the Talking Fantasy website.
2. By making use of the Talking Fantasy services you guarantee to Talking Fantasy that (a) the registration information you submit is complete, truthful and accurate, (b) you will maintain the accuracy of said information, (c) you agree that we save your details and use them in connection with the management of your account, (d) your use of Talking Fantasy doesn’t violate any applicable law or regulation.
3. You yourself are responsible for keeping the password of your account confidential to a third party and you will not grant others access to Talking Fantasy by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge until you inform us of any unauthorised use.
4. You can terminate your Agreement at any time as described on the Talking Fantasy website.
3. Fees
Talking Fantasy reserves the right to change or stop the offering of free services at any time. The interests and expectations of Talking Fantasy and its users will be taken into account when taking a decision on the matter.
When Talking Fantasy is intending to charge a fee for a specific service she will inform her Members. At that point you can decide if you want to continue the use of the service. If you do not want to do that, you can discontinue use of that specific service or terminate your membership of Talking Fantasy.
4. Intellectual property rights
1. Talking Fantasy contains Content which is owned by Talking Fantasy and/or her users and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademarks and patents.
2. The use you may make of Talking Fantasy is limited to what has been described in this Agreement. You will not perform any acts which infringe on the intellectual property rights. You accept and acknowledge that any unauthorised use of Content vested with intellectual property rights, violates this Agreement and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet 1912).
3. It is not permitted to remove or change messages with regard to intellectual property rights.
5. Licenses
1. Talking Fantasy does not claim any ownership rights in the Content that you post on Talking Fantasy. You will continue to retain all copyrights and other ownership rights which you own with regard to the Content which you make available via Talking Fantasy.
2. By posting Content on Talking Fantasy in any form you will grant Talking Fantasy ipso facto: (a) a free, unencumbered, worldwide, non-exclusive license to use, multiply, reproduce and publicise Content in connection to the Talking Fantasy service and; (b) the right to remove, intentionally or unintentionally, and for any reason and also without reason being given from the Talking Fantasy servers any Content made available by you to Talking Fantasy, without Talking Fantasy becoming liable to you or a third party in any way whatsoever.
3. The license meant in clause 2 of this article expires at the moment you remove the respective Content from the Talking Fantasy website.
4. By making Content available to Talking Fantasy you agree that it will be used by other users of Talking Fantasy. Talking Fantasy does not accept any liability for compliance by the users of Talking Fantasy with this Agreement. There is a possibility that the Content you make available to Talking Fantasy, is used in a manner which is contrary to this Agreement. Talking Fantasy is not liable for any acts by a third party which are contrary to this Agreement or any legal provision or other unlawful act of a third party.
5. You guarantee to Talking Fantasy that you are the fully entitled party with regard to the Content as meant in clause 2 of article 5 and that you are fully entitled and authorised to grant the license as meant in this Agreement. You indemnify Talking Fantasy and its users against any claims by third parties based on the allegation that the Content infringes any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with any guarantee as meant in this Talking Fantasy. You agree to pay for all monies owed to others as a result of Content placed by you on Talking Fantasy and that all costs incurred and damage suffered by Talking Fantasy in any way in connection with these claims will be reimbursed by you.
6. License to users
Under the conditions set out in this Agreement, Talking Fantasy grants you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to the information in the manner and the format that this Content are made available on TalkingFantasy.com, TalkingFantasy.nl or the other TalkingFantasy domains with other extensions. Downloading Content or exercising any other rights to them than those mentioned above is explicitly not allowed.
7. Access and Content
The activities you carry out in connection with Talking Fantasy shall not (a) be based on falsehoods or misleading, (b) infringe the rights of third parties, (c) contravene any laws, regulations, decrees or other applicable rules; (d) contain viruses, Trojan Horses, worms, bots or other software which might damage, delete, appropriate a work or make data unfit for use or accessible.
2. You are responsible for Content you post on or through Talking Fantasy. Talking Fantasy is not necessarily reviewed by Talking Fantasy prior to posting and does not necessarily reflect the opinions or policies of Talking Fantasy.
Talking Fantasy gives no warranties, express or implied as to the accuracy or reliability of the Content transmitted to other Members.
3. You guarantee to Talking Fantasy that you will act in accordance with this Agreement. In addition, you guarantee that you will fulfil the obligations under this Agreement at all times and that you will observe all legislation and regulations which apply to the use of Talking Fantasy.
4. Talking Fantasy may delete any Content that in the judgment of Talking Fantasy violates this Agreement or which may be offensive, illegal or violates the rights, harm or threaten the safety of any person. Talking Fantasy will bear no responsibility for the conduct of the user submitting such Content.
The following is a non-exhaustive listing of Content which you are not allowed to make available via Talking Fantasy under any circumstances (this being at the sole discretion of Talking Fantasy). Content:
- which is discriminatory as to appearance, race, religion, gender, culture, origins, sexual preferences or which can otherwise be called offensive;
- which incites violence or physical force in any form and/or bothering of another or others;
- which is harassing or incites harassment against others.
- which leads to or is the result of exploitation or taking advantage of others;
- which is contrary to good morals, is violent or includes a link to pornographic material or websites;
- through which the performance of illegal activities is encouraged or committed;
- whereby the intellectual property rights of others are infringed upon;
- whereby chain letters, junk mail or spamming are involved;
- whereby commercial activities are involved without prior written consent of Talking Fantasy, such as adverts, lotteries, competitions, or pyramid games;
5. Talking Fantasy is entitled to, without prior notification, take her services temporarily or permanent out of service and/or terminate the service, to remove Content, notify users of your activities, send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that: you act contrary to this Agreement; we are not able to verify any data provided by you to us; we hold the view that your acts may inflict damage or liability to yourself, other users or Talking Fantasy without providing a reason and without creating any liability for Talking Fantasy in this respect.
6. Talking Fantasy does not guarantee that Talking Fantasy is accessible at all times and without interruptions or breakdown.
8. Notice infringement of intellectual property rights
Talking Fantasy will start an investigation when notified of infringement of intellectual property rights and if possible take measures against it. If you are of the opinion that your work on the Talking Fantasy website has been placed or copied in a way that infringes the intellectual property rights, we ask you to send an e-mail to violation@talkingfantasy.com. This notice should include (a) a signature by the owner of the intellectual property rights or the person who is authorised to act on behalf of the owner; (b) a description of the work or works which in your view has been infringed upon with a specification of precisely what the infringement is; (c) include a description where the material that in your view forms an infringement can be found on the Talking Fantasy website; (d) contact details, such as your name, address, phone number and e-mail address; (e) a statement that in your view intellectual property rights have been infringed upon, (f) a statement, supported by evidence, that the information in your notice is accurate and complete, and on pain of committing perjury, that you are the owner or authorised representative of the respective intellectual property rights.
9. Links
Our website contains links to other websites. Talking Fantasy is not responsible for the content and manner of operation of these websites and therefore does not accept any liability for these websites. Use of these websites is your own responsibility.
10. Privacy
We will not provide your personal details to third parties without your consent and we will use these details in accordance with our Privacy Statement.
11. Liability
Talking Fantasy will never be liable for any direct or indirect damage resulting from or in connection with the use of our website or the impossibility of using it and/or any other services of Talking Fantasy.
12. Other provisions
1.This Agreement is accepted upon your use of Talking Fantasy and her services and is further affirmed by becoming a Member.
2. When Talking Fantasy fails to exercise or enforce any right or provision of this Agreement it is not a declaration of a waiver of such right or provision.
3. If one or more provisions of this Agreement are null and void or are annulled, the remaining provisions will remain in full effect.
4. This Agreement is governed by Dutch law. All disputes resulting from this Agreement will exclusively be submitted to the competent court in Amsterdam.
