General Terms and Conditions remember-meThe service "remember-me" is offered on the Internet by the company Studio Amsterdam B.V. The following conditions apply to the use of remember-me. By using remember-me, you agree with these conditions.
Article 1. DEFINITIONS1.1 Account: account of the User that can be created on www.remember-me.co.
1.2 Activation link: the personal link to the Account which makes it possible to send the messages to the Receivers.
1.3 General Terms and Conditions: these conditions.
1.4 User: the natural person or legal entity, whether or not acting in the exercise of a profession or business, who/that enters into an Agreement with Studio Amsterdam and/or has registered on the Website.
1.5 Trustee: the relevant persons and/or agency whom the User orders to use the activation link on the Website.
1.6 Receiver(s): the persons selected by the User to receive the messages the User has written.
1.7 Agreement: any arrangement or agreement between Studio Amsterdam and the User, of which the General Terms and Conditions form an integral part.
1.8 Package: the membership chosen by the User for the remember-me service as described on the Website.
1.9 The Parties: the User and Studio Amsterdam jointly.
1.10 remember-me: the service provided by Studio Amsterdam.
1.11 Studio Amsterdam: Studio Amsterdam B.V., a private company [besloten vennootschap] with limited liability whose registered office and principal place of business are in Amsterdam (Postbus 63201, 1005LE), registered with the Chamber of Commerce under file number 63158744.
1.12 In Writing: in these General Terms and Conditions, "in writing" also includes e-mail and communication per fax, provided that the sender's identity and the message's integrity have been adequately established.
1.13 Website: www.remember-me.co and all associated sub-domains.
Article 2. APPLICABILITY GENERAL CONDITIONS2.1 The General Terms and Conditions apply to and are part of any (juristic) act in connection with the preparation, realization or performance of the Agreement, unless expressly agreed otherwise In Writing.
2.2 If the User refers in its order, confirmation or notice to the acceptance of provisions or conditions that are different from or are not mentioned in the General Terms and Conditions, Studio Amsterdam is only bound by these provisions or conditions if they have been expressly accepted In Writing by Studio Amsterdam.
Article 3. CONCLUSION OF THE AGREEMENT3.1 The Agreement is concluded when the User accepts Studio Amsterdam's offer and complies with the conditions attached to it by Studio Amsterdam.
3.2 Studio Amsterdam immediately sends an electronic acknowledgement of receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed, the User is entitled to cancel the Agreement.
3.3 If it appears that the User, when accepting or entering into the Agreement in another way, provided incorrect information, Studio Amsterdam is entitled to perform its obligation only after it has received the correct information.
3.4 Studio Amsterdam is entitled to verify – within the limits of the law – whether the User is able to comply with his/her obligation to pay, and to check all facts and elements that are helpful to verify whether it is sound to enter into the Agreement. If this investigation gives Studio Amsterdam cause to refuse the Agreement, it is entitled to refuse an order or request supported by reasons, or to attach special conditions to the performance, such as payment in advance.
Article 4. USE OF THE SERVICE4.1 remember-me is a service allowing the User to have last messages sent after his or her death to the Recipient(s) specified by the User.
4.2 To use remember-me, the User must register by opening an account on the Website.
4.3 For registration, the User chooses a user name and password he or she can use to log in on the website after registration. The User is responsible for choosing a password that is sufficiently safe.
4.4 The User must keep his/her login data (user name and password) strictly confidential. To prevent abuse, the activation link must only be left in the care of persons and/or agencies of whom the User is confident that they will use the activation link with the utmost discretion. If the login details and/or the Activation link are not carefully dealt with, the result may be that messages are sent which are not written by the User, or that messages are sent while the User is still alive. Studio Amsterdam may always assume that a User registering at the Website actually is that User. For the above mentioned reasons, everything that takes place through the User's Account is the User's risk and responsibility.
4.5 If the User knows or suspects that unauthorized persons have had access to his log-in details and/or Activation link, the User must change his/her password as soon as possible and/or inform Studio Amsterdam, allowing Studio Amsterdam to take appropriate measures.
4.6 remember-me is a service in which User's data is processed. The User gives permission to all forms of processing that fall within the scope of the service. For further information, the user can consult Studio Amsterdam privacy’s statement available on the Website.
4.7 Dependent on the Package chosen by the User, the User may add digital content (photos, audio and video messages) to the messages to be sent. Packages with this option offer storage space with a specific limit. Sending and uploading (digital) content is subject to the rules of use described in Article 5.
4.8 The User may upgrade his existing Package. It is explained on the User's personal account which steps must be taken to upgrade.
4.9 For a correct performance of the service, the User must make the Activation link and the explanation received at registration available to the designated Trustee, following the instructions on the Website. The Activation link must be activated by the Trustee. If the Activation link is not use for the activation, the messages created by the User will not be sent to the Recipients.
Article 5. RULES OF USE5.1 It is not allowed to use remember-me for acts that are in violation of the Dutch or other applicable laws and regulations. This includes storing or distributing information in breach of the copyright of others (including hyperlinks to such information), and defamatory, slanderous or racist information.
5.2 The User is also not allowed to use remember-me for the following:
- to distribute pornographic or erotic information (even if this information is legal in itself);
- to create profiles under the name of another person or pretending to be another person;
- to assist others in violating the rights of third parties, such as linking to hack tools or to any explanation on cybercrime with the obvious intention to allow the reader to commit or have others commit the described criminal acts and not to enable him/her to defend himself/herself against such acts;
- to violate the private and family life of third parties, for instance by distributing without consent or necessity personal data of third parties or repeatedly bothering third parties with messages that these third parties do not wish to receive;
- to use remember-me for commercial purposes;
- in general, to do anything contrary to the netiquette.
5.3 Studio Amsterdam has no access to the content of the messages. It is not in line with the confidentiality of the service to moderate each stored message or other content in advance. Studio Amsterdam does not take the initiative to send the messages, which is the task of the User and/or the Trustee. Studio Amsterdam is therefore only an intermediary as described in Article 196c of Book 6 of the Dutch Civil Code.
Studio Amsterdam is therefore not responsible for the messages or their content. If Studio Amsterdam suspects that acts have been committed in violation of the General Terms and Conditions, it is entitled to investigate whether this is true. Such a suspicion may arise because of a report. If Studio Amsterdam finds positive proof that unlawful acts have been committed or that unlawful messages are stored or have already been sent, it is entitled to intervene to the extent possible.
It is of course possible that messages have already been sent at that time. Studio Amsterdam is not liable for the consequences.
5.4 Everyone can file a complaint through [email protected]. Studio Amsterdam takes up complaints if the complainant includes his or her particulars, clearly describes the complaint and indicates why he or she is suffering damage as a result of the subject of the complaint. The complainant must indicate which action he or she expects to be taken in response to the complaint. Studio Amsterdam will make every effort to respond within a reasonable time to the complaint.
5.5 If Studio Amsterdam finds proof that the User is acting in breach of the General Terms and Conditions, or receives a complaint about this, it may give the User a warning. If this does not result in an acceptable solution, Studio Amsterdam is entitled to intervene in order to end the breach.
In urgent or serious cases, Studio Amsterdam may intervene without warning.
A situation is considered urgent or serious if the violation of above-mentioned conditions causes or threatens to cause nuisance, damage or another danger to remember-me and/or third parties.
5.6 If Studio Amsterdam thinks that nuisance, damage or another danger may arise for the functioning of the computer systems or the network of Studio Amsterdam or third parties and/or of the service performance via the Internet, in particular due to sending excessive e-mails or other data, leaking personal data or activities of viruses, trojans and similar software, Studio Amsterdam is entitled to take all measures it may reasonably deem necessary to avert or prevent this danger.
5.7 Studio Amsterdam is at all times entitled to report criminal acts of which they have found evidence. Studio Amsterdam may submit all relevant information on the User to the competent authorities and perform any other act said authorities require from Studio Amsterdam for the benefit of the investigation.
5.8 Studio Amsterdam is entitled to hand over the User's name, address, IP address and other identifying particulars to a third party complaining that the User is violating the rights of such third party or these General Terms and Conditions, provided that there is sufficient cause to reasonably think that such complaint is justified, if there is no other way to get hold of this data and if the third party has a clear interest in the delivery of said particulars.
5.9 Studio Amsterdam is entitled to deliver all (personal) data, including stored messages if it is ordered to do so by an authorized representative of the judicial system.
5.10 Studio Amsterdam may recover the damage resulting from violations of these rules of conduct from the User. The User holds Studio Amsterdam harmless against all third-party claims regarding information posted by the User.
Article 6. AVAILABILITY AND MAINTENANCE6.1 Studio Amsterdam makes every effort to keep remember-me available, but does not guarantee continuous availability.
6.2 Studio Amsterdam ensures active maintenance of remember-me. If maintenance is expected to limit the availability, Studio Amsterdam will carry out this maintenance at a time the website has relatively low traffic. Whenever possible, maintenance is announced in advance. Emergency maintenance may be carried out at any time and will not be announced in advance.
6.3 Studio Amsterdam may change the functionality of remember-me from time to time. Feedback and suggestions of Users are welcome, but it is Studio Amsterdam that decides whether changes will be made or not.
Article 7. INTELLECTUAL PROPERTY7.1 The service remember-me, the accompanying software and all information and images on the Website are part of the intellectual property of Studio Amsterdam and/or its licensors. It is prohibited to copy or use this information of these images without separate written authorization of Studio Amsterdam, except in cases where this is allowed by law.
7.2 Information published or stored by the User through remember-me is and remains the property of the User (or of his licensors). Studio Amsterdam only obtains a right to use the information when required for the performance of the Agreement.
7.3 Information can be adjusted or removed after it has been posted.
7.4 If the User sends information to Studio Amsterdam, for instance feedback about an error or a suggestion for improvement, the User gives Studio Amsterdam an unlimited and perpetual right to use this information for remember-me. This does not apply to information expressly marked as confidential by the User.
Article 8. FEE FOR THE SERVICE8.1 This article only applies if the User has chosen a paid Package.
8.2 Payments must be made through PayPal. When creating the Account, the User is referred to the Paypal’s website. On the website of Paypal, the User must follow the instructions to set the payable amount as a monthly recurring payment.
8.3 As the service is delivered immediately and at the express request of the User, it is not possible to cancel a payment under the Distance Selling Act [Wet koop op afstand].
Article 9. LIABILITY9.1 This article only applies if the User is a natural person or legal entity acting in the exercise of a profession or business.
9.2 The total liability of Studio Amsterdam to User for imputable breach of the Agreement is limited to the compensation of at most the amount of the price agreed for such Agreement (including VAT).
9.3 Studio Amsterdam is not liable to the User for indirect damage, including in any case – but expressly not limited to – consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption.
9.4 Apart from the cases mentioned in the previous two paragraphs of this article, Studio Amsterdam is not liable to the User for any compensation of damage, regardless of the ground on which a claim for compensation is filed. The limitations mentioned in this article do not apply, however, if the damage is the result of intent or gross negligence of Studio Amsterdam.
9.5 Studio Amsterdam's liability to the User for imputable breach of an agreement only occurs if the User immediately declares Studio Amsterdam in default In Writing, allowing it a reasonable time to remedy the breach, and Studio Amsterdam remains in breach after this time. The notice of default must specify as detailed as possible (including photos) of the breach, so that Studio Amsterdam is capable of responding adequately.
9.6 Any right to compensation only exists under the condition that the User notifies Studio Amsterdam In Writing and as soon as possible, but no later than thirty (30) days after this right has come to exist.
9.7 Studio Amsterdam is not obliged to compensate any damage suffered by the User as a result of force majeure.
Article 10. DURATION AND NOTICE10.1 The Agreement becomes effective as soon as the User uses remember-me for the first time and then continues indefinitely.
10.2 The User may at any time terminate the Agreement by closing his Account in the personal online environment. When the Account is closed, the recurring payments through Paypal, if any, are stopped automatically.
10.3 The Account is definitively removed, together with all associated information, after thirty (30) days after the closing of the Account.
Article 11. PRIVACY AND SECURITY11.1 The personal data to be processed by Studio Amsterdam when performing the Agreement is covered by the Data Protection Act [Wet bescherming persoonsgegevens – ‘Wbp’].
11.2 Studio Amsterdam will provide for an adequate security level, taking account of the risks that are inherent to the processing and the nature of the personal data to be protected. However, this only applies if and to the extent said data is located in the systems or infrastructure of Studio Amsterdam.
11.3 Studio Amsterdam warrants that personal data will only be processed in an entirely legal way.
11.4 If the User, due to a legal obligation, for instance pursuant to the Wbp, must change, remove or deliver data stored on the systems of Studio Amsterdam, Studio Amsterdam will fully cooperate. The costs of the additional work caused by this may be billed separately.
Article 12. NON-DISCLOSURE12.1 The Parties will treat any information they provide each other before, during of after the performance of the Agreement, as confidential when this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information is meant to be confidential.
12.2 Studio Amsterdam will not take not of private information the User stores and/or distributes through remember-me, unless this is necessary for providing good services or if Studio Amsterdam must do so pursuant to a legal provision or court order.
Article 13. CHANGES IN PRICES AND CONDITIONS13.1 Studio Amsterdam may change these General Terms and Conditions each time a new payment period starts.
13.2 Studio Amsterdam will announce such changes or additions on the Website at least thirty (30) days prior to the effective date, to inform the User.
13.3 If the User does not wish to accept a change or addition, the User may cancel the Agreement on the effective date at the latest. Use of the service after the effective date is taken as acceptance of the changed or added conditions.
Article 14. OTHER PROVISIONS14.1 The Agreement is governed by the law of the Netherlands.
14.2 Except as otherwise provided by the rules of imperative law, all disputes arising from the Agreement are submitted to the competent Dutch court in the district where Studio Amsterdam has its registered office.
14.3 If any provision of these General Terms and Conditions appears to be invalid, this will not affect validity of these General Terms and Conditions as a whole. In that case, the Parties will establish a new provision (or new provisions) that comes closest as legally possibly to expressing the intention of the original provisions.
To receive these terms and conditions in their original language and format, please send an email request to [email protected].