Terms of use for Participants and Voters

1. Definitions

In these Terms of Use (Terms and Conditions) the following terms have the following meaning:

Participant: A natural person who, via a link sent by or on behalf of the Organizer to his / her e-mail address, has indicated that he/she wishes to participate in an Election and has created an account and has also indicated his agreement with the privacy statement and the Conditions of participation. Participation can mean participate yourself or nominate something/someone else.

Conditions of participation: the rules and these Terms of Use under which the Organizer offers and / or organizes an Election.

Third: A (legal) person or company that is not affiliated with the Organizer or SoapBox in organizational or legal terms.

Voter: a natural person who, via a link sent by or on behalf of the Organizer to his / her e-mail address, has indicated that he/she agrees to the profile of a Participant in an Election and has also indicated his agreement with the Participation Conditions.

User / You / You: Participant and / or Voter or visitor to a website or online portal that is part of the Election.

Organizer: The (legal) person who organizes the Election and / or offers it to the public or a specific target group.

SoapBox: SoapBox B.V. established and having its office in Maastricht. The legal person who is responsible for the technical support and online communication with regard to the Election on behalf of the Organizer.

Election: Activity in which Participants make themselves eligible for election and the Organizer offers the possibility for voters to cast their vote (online) for a Participant.

2. Organizer

The Organizer of the Election bears full (final) responsibility for the Election. The Organizer always explicitly makes himself known as such to the public or the target group. SoapBox is the owner of the format of the Election and, on behalf of the Organizer, is responsible for the online part of the Election.

3. Applicability of conditions

Two types of Conditions apply to the election. Namely the rules of the Organizer and these Terms and Conditions. The rules apply between the Organizer and the User. These Terms and Conditions apply exclusively to the use by Users or visitors of the website (s) and / or online portals that are part of the Election.

4. Responsibility Organizer and SoapBox for content

The website (s) or online portals that support the Election may also contain hyperlinks to third-party websites or content. Clicking on this will leave the online environment of the Election and you will be taken to that Third Party's website. SoapBox or the Organizer have no influence on these websites or online portals. The inclusion or presence of Third Party content on the website (s) or online portals that support the Election does not imply that the Organizer or SoapBox endorses this content. The Organizer and SoapBox do not accept any responsibility or liability for the content or use of websites or services from or offered by Third Parties.

Users can create a profile and post content on the websites that support the Election. The Organizer or SoapBox does not check the communication between Users substantively. We, therefore, have no control over the quality, safety, legitimacy, integrity or accuracy of the content posted by Users. See further under 7.

5. Account

To participate in an Election, you as a User must create an account on the website that supports the Election. Users are required at all times to ensure that the information provided is complete and correct. This also applies to the personal data such as name and e-mail address. The Organizer reserves the right to determine whether an account is actually assigned. The criteria for this are different for each Election, but in each case, the account can be refused if the data is not correct.

If you are under the age of 16, a parent or guardian must give permission to create an account on the website that supports the Election. By agreeing to these Terms you guarantee that you are 16 years or older. It is not allowed to create an account for someone else without his or her permission.

Personal accounts can be deleted. For the procedure, reference is made to the Privacy Statement.

6. Use of the website

The User guarantees to the Organizer and SoapBox that he/she is entitled and authorized to participate in the Election and to use the website.

The website (s) or online portals that support the Election are compiled with the utmost care and made available to the Users. The Organizer and SoapBox explicitly do not guarantee that the website (s) or online portals will be completely free of viruses, accessible at all times, error-free and will work without failures.

The User is not permitted to change the website (s), copy, damage, overload, hinder, disable or hinder the use and functioning of the website (s). Commercial (re) use of (Election) data originating from and/or displayed on the website (s) or via the online portals is not permitted unless prior written permission has been obtained from the Organizer. All rights are expressly reserved in this regard.

7. Intellectual property and other exclusive rights; privacy

All intellectual property rights, including but not limited to trademark rights, trade name rights, database rights and / or copyrights, with regard to the website (s) and the content placed thereon, such as design, texts, articles, (company) names and logos, exclusively belong to to SoapBox and / or the Organizer. It is not permitted to remove or change any notices or statements regarding intellectual property rights.

The User will not perform any actions that (directly or indirectly) infringe on exclusive rights, such as the intellectual property rights of SoapBox, Organizer or Third Parties.

With regard to the files, images, photos and texts made available by Users or placed on the website (s) or via the online portals, SoapBox obtains from the User a free, unencumbered, worldwide, sublicensable, non-exclusive license to:

Use, reproduce, distribute and make public the files, data and / or materials in connection with the services of SoapBox; and

use and reproduce the files, data and / or materials (and allow Third Parties to use and reproduce) in any media for marketing and / or promotional purposes in connection with the services of SoapBox;

The User guarantees to be the sole entitled party with regard to the files, data and/or materials, or at least to have sufficient rights to be allowed to reproduce, reuse or disclose the files, data and/or materials. SoapBox and Organizer are not liable for any claims from Third Parties that object to the publication and use of files, images, photos or content as supplied or published by Users on the basis of their intellectual property rights and/or portrait rights and/or privacy rights. The User indemnifies SoapBox and Organizer and all companies and persons affiliated with them against all claims from Third Parties based on the claim that the files, data and/or materials infringe any applicable (intellectual property or portrait) rights of third parties or are otherwise unlawful towards third parties and for all claims that arise from your actions in violation of these Terms. All costs incurred by SoapBox and damage suffered in any way related to such claims will be reimbursed by the User.

Notice & takedown procedure

If you notice that another / Third party infringes your (intellectual property, portrait or privacy) rights, send an email to info@soapbox.nl. After receiving the email, SoapBox will investigate this and take action as soon as possible. Your email must contain the following information:

• the URL to which the material that you believe is infringing can be found;
• a statement, supported as far as possible with evidence, that and why you believe that your (intellectual property or portrait) rights have been infringed;
• contact information, such as your name, address, telephone number, and e-mail address;

SoapBox reserves the right not to grant a request for removal or inaccessibility of content if it has reasonable grounds to doubt the accuracy of the notification or the legality of the evidence provided or if the content on which the notification is made relationship is not unmistakably unlawful.

If you act contrary to the Conditions of Participation, SoapBox is entitled at any time without prior notice to suspend, suspend or remove an account.

8. Prohibited or unlawful content

Content that you may never post or distribute via the website or online channel that supports the Election concerns:

• Content that is discriminatory;
• Content that calls for violence / bullying;
• Content that violates good morals or good taste;
• Content that contains pornographic material;
• Content that promotes or commits criminal activities;
• Content with which (without prior written permission from SoapBox) commercial activities are involved, such as advertisements, lotteries, competitions, or pyramid games;
• Content in violation of any law, regulation or these Terms and Conditions, insofar as these do not fall under the notice & takedown procedure as stated under 7.

If it appears that the content is unlawful, SoapBox will remove it from the website or make it inaccessible, at SoapBox's sole discretion.

9. Liability

Insofar as there is any liability on the part of SoapBox or the Organizer on the basis of the law, this liability towards the User is limited to compensation for the demonstrable direct damage per event (in which a related series of events counts as one event) and subsequently to a maximum of € 10,000. , =.

The liability of SoapBox and Organizer for indirect damage and consequential damage, including loss of revenue and profit, reduced goodwill, loss of data and immaterial damage is excluded.

A condition for the existence of any right to compensation is that the damage must be reported to SoapBox and / or Organizer in writing immediately after it has arisen. Every claim for compensation against SoapBox or Organizer expires by the mere lapse of 12 months after the occurrence of the damage.

The liability limitations of this article do not apply in the event of intent and / or conscious recklessness by the management of SoapBox and/or Organizer.

10. Communication regarding the Election and prize package

If you as a User have questions about the online part of the Election, you can contact the Organizer or SoapBox by email. No correspondence will be entered into regarding the result or the number of votes/participants in respect of the Election.

For some Elections, the Organizer offers a prize. The value of this price may differ. In the event of a gambling tax, this will be borne by the Participant. SoapBox is not responsible for handling the prizes.

11.Other provisions

If one or more provisions of these Terms and Conditions are invalid or destroyed, the remaining provisions remain in full force.

These Terms and Conditions have been drawn up and are governed by Dutch law.

Any disputes related to or arising from these Terms and Conditions will in the first instance only be submitted to the competent court in Maastricht.

Maastricht, November 2019