Terms and Conditions LiveCloud.online

This document was last modified on November 24, 2021.

Article 1. Definitions

• The following terms are used in these general terms and conditions, meaning the following unless expressly indicated otherwise.
• LiveCloud.online: the entirety of websites, web applications, functionalities, etc., that are offered on the internet under the name LiveCloud.online.
• User: any natural or legal person who purchases Services from the Provider or who makes use of LiveCloud.online in any other way, such as, for example, viewing and posting Material.
• End-User: the actual (natural) person who uses the Services of LiveCloud.online.
• Account: individual registration with LiveCloud.online grants any User or End User unique access privileges for the User/End User concerned.
• Services: all services to be made available or delivered to the User by or on behalf of the Provider via the internet or otherwise and other related services.
• Agreement: the agreement between the Provider and the User to perform or deliver Services.
• Material: all data and files of the Provider or User accessible via LiveCloud.online, such as but not limited to messages, reviews, advertisements, illustrations, video and sound fragments, photos, hyperlinks, as well as ideas and concepts.
• Provider: LiveCloud.online and all related trade names are known to the Chamber of Commerce under number 70195021.
• Conditions: these general terms and conditions of the Provider.

Article 2. Applicability and compliance with Conditions

• By using LiveCloud.online in any way, User/End User acknowledges that they have read and unconditionally agree to the Terms.
• If one or more provisions in the Terms and Conditions are void or should be annulled, the other provisions of the Terms and Conditions will continue to apply in full.
• Suppose a User repeatedly and/or intentionally acts contrary to the Terms and Conditions. In that case, the Provider will decide at its discretion whether the relevant End User or if the User is a legal entity, and may exclude all End Users belonging to the relevant organization from access to LiveCloud.online. In such a case, the User is not entitled to a refund of any fees paid.
• In the event of a severe violation of the Terms and Conditions and/or infringement of intellectual property rights, the User/End User is liable for the resulting damage, and compensation thereof will be enforced or recovered by judicial means if necessary.
• The Provider may unilaterally change the Terms and Conditions. LiveCloud.online will inform its User/End User about this. If User/End User continues to use LiveCloud.online even after amendment of the Terms and Conditions, User/End User is deemed to accept the amended Terms and Conditions irrevocably.

Article 3. Account

• Access to LiveCloud.online for End Users is public or available with an account. Access to LiveCloud.online for account holders is through authorization via an Account. Users/End Users are responsible for all (legal) acts performed, including the use and/or misuse.
• LiveCloud.online reserves the right to refuse an application for an Account or cancel the Account after registration, for example, if the User/End User does not comply with the obligations referred to in Article 4 of the Terms and Conditions.
• The Account is linked to a password. This password is strictly personal and confidential. The provider accepts no liability for misuse of the password. If the End User suspects that a third party is using this password without authorization, the User/End User must immediately contact the Provider. User/End User is fully responsible and liable for everything that happens via their Account at all times.
• The End User is obliged to enter correct information when creating the Account. The End User is obliged to notify the Provider of any changes to that data immediately.
• Furthermore, the End User is not permitted to request or manage an Account (again) after the Provider has refused an Account or has canceled an Account of the End User after registration.
• User/End User can cancel their account if he no longer wishes to use LiveCloud.online. The User/End User must inform the Provider of this by e-mail, stating the relevant login details.

Article 4. Obligations User/End User

• User/End User must behave by what may be expected of a responsible and careful internet user.
• The User/End User is not permitted to post Material or perform acts contrary to the Terms and Conditions, legal provisions, public order, or morality. Likewise, the User/End User will not infringe or otherwise act in violation of the Provider’s intellectual property rights, other Users/End Users, or third parties.
• The User/End User is not permitted to hinder other users and/or cause damage to the Provider's systems. It is prohibited for the User/End User to start processes or programs of which the User/End User knows, or should reasonably know, that this hinders the Provider or other users or causes direct or indirect damage.
• LiveCloud.online is only intended for personal consultation via standard browser visits. It is not permitted to consult material in an automated manner, for example, via scripts, spiders, and/or bots. Any hyperlinks to LiveCloud.online (from third-party sites) should direct users directly to the Material. The origin and original location of the Material must also be clearly stated in every circumstance. Therefore, reproduction, in framing, republication, or any adaptation of or addition to the Material is not permitted unless prior written permission has been obtained from the Provider. It is also not allowed to circumvent or remove technical protections or make this possible for others.
• LiveCloud.online contains material that is the property of the Provider. This includes (but not exhaustively) design, appearance, and graphics. Reproduction of this material by User/End User outside of LiveCloud.online is not permitted.
• User/End User is responsible for the content of all Materials posted to LiveCloud.online through their Account and activities.
• Furthermore, including (but not exhaustively), the following actions are not allowed in LiveCloud.online: posting content that is not free of rights.

Article 5. Obligations Provider

• The Provider will make every effort to make LiveCloud.online available to the User/End User. The provider does not guarantee that LiveCloud.online will be available at all times, uninterrupted or completely.
• The provider reserves the right to: suspend the service [temporarily].
• If certain parts of the Material, such as hyperlinks or inserted images or files, lead to external websites managed by third parties. The Provider is not responsible for the content and functioning of these external websites, nor for the quality of any software, products or services offered on them and accepts no liability for this. The Provider's privacy policy does not apply to personal data collected via these external websites.
• The Provider reserves the right to monitor the behavior of the User/End User to improve LiveCloud.online.

Article 6. Fees

• The Provider may choose to offer certain Services for a fee. The amount of the compensation for LiveCloud.online can be found on the site at the published rates.
• The fee is fixed per year and includes VAT unless stated otherwise. The Provider may choose only to offer Services upon receiving advance payment.
• Payment of invoices is made based on advance payment. Payment is made without any settlement, discount or suspension.
• Suppose the User does not pay the amounts owed within the term referred to in paragraph 3 of this article. In that case, the User will owe the applicable statutory interest on that amount owed, after notice of default, and the Provider is entitled (subject to its other rights) to suspend the implementation of the Agreement. Suppose the User continues to fail to pay the claim after notice of default. In that case, the User is also obliged to fully reimburse the extrajudicial (collection) costs in addition to the amounts owed at that time.

Article 7. Liability

• The Provider is not liable for any direct or indirect damage or costs incurred by the User/End User or third parties, for whatever reason, due to the use of (parts of) LiveCloud.online, including damage as a result of incorrectness or incompleteness of the Material or as a result of errors or use, unless the relevant damage is caused by intent or willful recklessness on the part of the Provider. If the Provider is nevertheless liable, this liability is limited to the annual fee owed by the User/End User.
• Suppose the User/End User does not comply with their obligations arising from the Terms and Conditions. In that case, the User/End User is liable for all damage resulting from this for the Provider.
• The User/End User indemnifies the Provider and all third parties engaged by the Provider against all claims from third parties about all damage and costs in any way caused by the use by the User/End User of LiveCloud.online, or by the failure of the User/End User to fulfill its obligations. / its obligations under the Terms.

Article 8. Force majeure

• The provider is not obliged to fulfill any obligation if it is prevented due to force majeure. Force majeure also includes shortcomings of third parties engaged by the Supplier, as well as interruptions or malfunctions in the power and/or telecommunication facilities.
• Suppose the force majeure situation has lasted longer than sixty (60) days. In that case, the User/End User has the right to terminate their Account without the Provider being obliged to refund any fees paid or pay any other compensation for costs or damage.

Article 9. Intellectual Property Rights

• All intellectual property rights, including but not limited to copyright and database rights, to LiveCloud.online and the Material posted by the Provider, as well as to the metadata added by the Provider to Material published by the User/End User, rest exclusively with the Provider or its licensor. Attempts to copy, duplicate, trade, or sell Materials are not permitted unless the Provider has given prior written permission. Unauthorized use of Material can lead to a claim for damages and be interpreted by the Provider as a criminal act.
• In principle, User/End User is the rightful claimant to their material, such as copyrights and possibly other intellectual property rights. The User/End User, and not the Provider, is responsible for the material posted by them.
• Unless otherwise stated, the Material is made available under the Creative. The rights to LiveCloud.online (including copyright, database rights, and how the Material is arranged and disclosed, the so-called metadata) are expressly excluded from the Creative Commons License as referred to in this paragraph.
• User/End User must consider when posting Materials that the license referred to in paragraph 3 of this article applies. Therefore, it is the full responsibility of the User/End User to request prior permission from any copyright holder(s) of the (existing) Material to be posted by the User/End User.

Article 10. Confidentiality

• 1. The User is obliged to keep all information that it obtains from the Provider in any way whatsoever about commercial, strategic, technical data, knowledge, and/or other information related to LiveCloud.online, strictly confidential and not to make any announcements about it and/or not to inspect it. And will not give this to third parties.
• 2. Derogations from the provisions of paragraph 1 of this article may only be made if:
  • i) the information was already in possession of the receiving party before the date of provision by the providing party;
  • ii) is available from a third party without such third party violating any confidentiality provision towards the providing party by providing it to the receiving party;
  • iii) is independently and without the use of information from the providing party developed by the receiving party;
  • iv) can be deduced without special effort from products freely available on the market, whereby the decompilation of software is seen as "special effort.”

Article 11. Cancellation Policy/Right of withdrawal

• 1. The natural person who purchases a LiveCloud.online license, including but not limited to the User, has the right to cancel the purchase of the license within fourteen (14) days of the purchase of such license. Cancelling the license within the reflection time is done using the contact form on the website, the withdrawal form of the Netherlands Authority for Consumers and Markets or by informing the Provider in another way that you want to cancel the purchase.

Article 11. Contact details