Conditions of Use.

We like to keep our websites and apps nice and friendly. These conditions of use are here to have common house rules so we can all enjoy using the apps and websites!

Last changed on 25 july 2016.

See also

These documents are important when using services provided by MYLAPS Experience Lab.

Definitions

In these Conditions of Use the terms with an initial capital letter have the following meaning (both singular and plural):

Account the membership by which the User gains access to the interactive parts of the Software Service.
Content all the data and MYLAPS Experience Lab or User files accessible through the Software Service, such as reports, sports performances, moderations, advertisements, images, video and audio clips and photographs.
Moderators the persons employed by MYLAPS Experience Lab or working for it as volunteers.
User the natural person who has received an Account from MYLAPS Experience Lab.
Sanction a warning, (temporary) disqualification or other sanction resulting from an act by a User.
Software Service the whole of the web pages, software, databases, services such as mobile applications and Content placed by MYLAPS Experience Lab linked to such domain names as MYLAPS Experience Lab.nl, Looptijden.nl, Fietstijden.nl and SchaatsApp.nl and to the subdomains and related domains and all the services accessible through this website.

Clause 1 -Instructions for use of the Software Service and the placement of Content

  1. The User must refrain from unauthorised use of the Software Service and other functionalities that MYLAPS Experience Lab provides and shall adopt an attitude and act in accordance with what MYLAPS Experience Lab is entitled to expect from a careful User.
  2. In particular the User shall:
    • observe the ‘netiquette’ (to be found at www.ietf.org/rfc/rfc1855.txt);
    • not perform any acts or place any Content contrary to legislation or regulations, common decency or public order;
    • comply with all the instructions and directions displayed on the Software Service or addressed to it, including directions of the Moderators;
    • not breach or otherwise act contrary to intellectual property rights of MYLAPS Experience Lab or third parties;
    • not perform any acts or place any Content causing inconvenience for other Users of or visitors to the Software Service;
    • not disseminate any spam or other inappropriate messages to other Users of or visitors to the Software Service using for example instant messaging, direct messaging and email;
    • not edit or delete any Content of MYLAPS Experience Lab or other Users or make it unusable;
    • not disseminate any Malware;
    • not use any robots, spiders, website search applications or other tools for searching or indexing (parts of) the Software Service and Content of Users;
    • not circumvent or remove MYLAPS Experience Lab’s security;
    • not use ad blockers or block advertisements in any other way.
  3. The User is responsible for the contents of all the Content placed on the Software Service through its Account. MYLAPS Experience Lab advises the User not to place any personal information, such as address details, telephone numbers or financial information, on the Software Service.
  4. The User recognises that MYLAPS Experience Lab is not obliged actively to manage or edit User Content, check it for placement on the Software Service or monitor it. MYLAPS Experience Lab cannot guarantee the quality, correctness or validity of User Content.
  5. If MYLAPS Experience Lab or the Moderators decide that certain User Content does not comply with these Conditions of Use, MYLAPS Experience Lab can examine it and where necessary edit or delete the contents or design of this Content as it sees fit. MYLAPS Experience Lab or the Moderators may also edit the contents or the design of the Content to ensure the readability or the general quality of the Software Service. MYLAPS Experience Lab and the Moderators are not liable or responsible for whether or not the activities referred to in this paragraph are carried out.
  6. The User may not (at MYLAPS Experience Lab’s sole discretion) place any Content on the Software Service:
    • that is (sexually) harassing, insulting, discriminatory or pornographic in nature or that by general standards must otherwise be regarded as controversial;
    • in which pyramid schemes or chain letters are promoted;
    • that violates the personal privacy of other Users of or visitors to the Software Service;
    • containing a photograph or image of another person without that person’s consent;
    • for advertising or marketing purposes.
  7. If the User believes that another User of or a visitor to the Software Service is acting contrary to this Article 1, it can notify MYLAPS Experience Lab of this.
  8. If MYLAPS Experience Lab believes that the User is wholly or partially failing to fulfil the provisions laid down in Article 1.6 under v, an immediately due and payable penalty of EUR 1,500 (fifteen hundred euros) for each instance of non-fulfilment is payable to MYLAPS Experience Lab by the User without any warning or any other prior notice being required. This penalty is due to MYLAPS Experience Lab without prejudice to all other rights or claims of MYLAPS Experience Lab, including the right to fulfilment and the right to compensation in addition to the penalty.

Clause 2 -Sanctions

  1. The Moderators can impose a Sanction on the User if it acts contrary to these Conditions of Use.
    • Without prejudice to any other right of MYLAPS Experience Lab under the law or these Conditions of Use, if the User acts contrary to Article 1 of these Conditions of Use, MYLAPS Experience Lab is entitled with immediate effect and without notice of default:
    • to modify or to remove Content placed by the User;
    • to deny the User access to the Software Service (temporarily or otherwise); and
    • to close the User’s Account.
  2. MYLAPS Experience Lab and the Moderators are not liable to reimburse costs incurred or damage sustained by the User in connection with the Sanction imposed.

Clause 3 -Rights and obligations of MYLAPS Experience Lab

  1. MYLAPS Experience Lab shall make every effort to provide the Software Service to the User. MYLAPS Experience Lab cannot guarantee that the Software Service will be fully available at all times without interruption.
  2. MYLAPS Experience Lab reserves the right to:
    • block the Software Service without notice or to place it out of use for the purposes of its maintenance, adaptation or improvement;
    • modify, expand, delete or otherwise change parts of the Software Service without notice.
  3. MYLAPS Experience Lab cannot guarantee that the Software Service is free from errors, defects or malware or that the Software Service is up to date, complete or accurate.
  4. MYLAPS Experience Lab is not responsible for acts or omissions of other Users. The Content of Users or other third parties represents only the personal opinion of the Users or third parties concerned and MYLAPS Experience Lab is not responsible for its contents.
  5. Certain hyperlinks or images included on the Software Service lead to external websites managed by third parties. MYLAPS Experience Lab is not responsible for the contents and the performance of these external websites, nor for the quality of any software, products or services provided on them and accepts no liability for them. MYLAPS Experience Lab’s privacy policy does not apply to personal data collected through these external websites.

Clause 4 -Licence and intellectual property

  1. Subject to the provisions laid down in these Conditions of Use, the User in principle retains the copyrights and other intellectual property rights to the Content placed by it.
  2. All rights of intellectual property, including but not limited to copyright and database rights, to the Software Service and the Content placed by MYLAPS Experience Lab are vested exclusively in MYLAPS Experience Lab or its licensors.
  3. The User may view Content included on the Software Service and make copies of it for personal use only, for example by printing or saving it. Any other use of the Software Service or the Content, for example taking over, reproducing, distributing or otherwise publishing (a part of) the Software Service, is not permitted without the express written consent of MYLAPS Experience Lab and/or the Member concerned.
  4. By placing Content on the Software Service:
    • the User is irrevocably granting MYLAPS Experience Lab permission to publish and modify this Content and to exploit it commercially through the Software Service or other MYLAPS Experience Lab online or print media for no consideration;
    • the User is granting other Users of and visitors to the Software Service permission to view this Content and to make copies of it for their own use;
    • the User is giving MYLAPS Experience Lab permission for the publication of its likeness, in so far as it appears in this Content; and
    • the User, in so far as legally possible, is waiving personality rights vested in the Content.
  5. The User guarantees that it is entitled to grant the aforementioned permissions and that it has if necessary obtained consents required for publication of this information from third parties. The User indemnifies MYLAPS Experience Lab, the Moderators and the other third parties working for it against all damage and costs in the matter of third party claims that the use or the exploitation of the Content placed by the User breaches (intellectual) property rights of third parties or is otherwise unlawful in respect of third parties.

Clause 5 - Liability

  1. MYLAPS Experience Lab and the Moderators are not liable for any direct or indirect damage or costs of the User or third parties, for whatever reason, as a result of the use of (parts of) the Software Service, including damage as a result of the incorrectness or incompleteness of the Content or as a result of malware, unless the damage in question has been caused by deliberate act or wilful recklessness of the management of MYLAPS Experience Lab.
  2. Any User acting contrary to its obligations under these Conditions of Use is liable for all damage resulting from this for MYLAPS Experience Lab.
  3. The User indemnifies MYLAPS Experience Lab, the Moderators and the other third parties working for it against all third party claims in the matter of all damage and costs arising in any way through the use of the Software Service by the User or by the failure of the User to fulfil its obligations under these Conditions of Use.

Clause 6 - Miscellaneous

  1. MYLAPS Experience Lab reserves the right to amend these Conditions of Use. Any amendment will be actively announced on the Website and through the App. MYLAPS Experience Lab advises the User to go through these Conditions of Use on a regular basis to see whether any changes have occurred. If the User continues to use the Website and/or App following such amendment, the amended Conditions of Use will apply to such use.
  2. The User is not entitled to transfer the rights and obligations under its Account and these Conditions of Use to a third party without the prior written consent of MYLAPS Experience Lab. MYLAPS Experience Lab may transfer rights and obligations under the Account and these Conditions of Use to third parties and shall notify the User accordingly.
  3. If one or more provisions of these Conditions of Use are void or voidable, this shall not affect the validity of the other provisions. In the event of invalidity of a provision of these Conditions of Use, the parties shall be bound by a provision of as far as possible corresponding effect that is not liable to be invalid.
  4. The Central Netherlands District Court, Utrecht venue, has sole jurisdiction to hear disputes arising from or connected with the use of the Software Service, the Account or these Conditions of Use.
  5. These Conditions of Use and all agreements, subscriptions and (legal) acts between MYLAPS Experience Lab and the User are governed exclusively by Dutch law.

If you have any questions, suggestions or complaints about these Conditions of Use: send an e-mail to info.mel@mylaps.com.