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General conditions Share.Doc

 

As long as it is about making a positive contribution to society, filmmakers or their producers can register with us, as an individual or as an organization. It is not mandatory to have an ANBI registration, CBF quality mark or Chamber of Commerce registration. On the Share.Doc platform, it is indicated per goal which person or organization is behind which action.

 

 Share.Doc platform reliable?

Filmmakers and producers work together with Share.Doc, they use Share.Doc as a conduit. They determine/describe the goal. The donations for the protagonist of a film or a charity associated with it are received by the filmmaker or the producer through Share.Doc for further distribution. If the total of donations exceeds € 5000, an NGO will be jointly selected to ensure a safe distribution of the donated money. The donations will first arrive in to a trust account of Share.Doc so that it remains separate from other money flows within our organization. From this account, the donations will be transferred to filmmaker or producer and verified by a registered accountant who also submits reports to the tax authorities.

 

 

Secure environment.

Protecting user platform data is paramount. All payments from the Share.Doc platform are handled by Mollie, a PCI-DSS certified payment partner. All traffic, including payment transactions, runs via a secure SSL connection. Donations can only be made with iDeal, direct debit and credit card and these are transferred to the third-party account. Bank details are never shared with third parties by Share.Doc. Share.Doc has a Security Verified certification (based on ISO 27001) from the ICT Institute. The certification makes Share.Doc reliable and ensures a carefree fundraising experience.

 

Share.Doc considers the protection of personal data very important. Data is only used to provide services and provide a better user experience. We comply with European privacy legislation (General Data Protection Regulation).

 

 

Registration conditions

The registration conditions apply to all documentaries that want to be visible on the Share.Doc platform in order to raise donations for the protagonist or charity.

To keep the registration process simple and cost effective, an agreement is made between Share.Doc and the film maker and/or producer of the film.

If the protagonist or a target also agrees to the with the action via the Share.Doc platform, the filmmaker or producer will inform the persons concerned of the rights and obligations as stated in these Registration Conditions.

These Registration Conditions may be changed by Share.Doc at any time, except towards the Target during an agreement. The present version was drawn up on 01-09-2022.

 

 

 Definitions 

1.1 ShareDotDoc ​​Foundation, registered at office in Amsterdam Prinsengracht 413c 1016HM, registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 74468847, duly represented in this matter by Mr.L.Bakker civil-law notary in Amsterdam.

Objective

1.2 The objective of the foundation is to serve the public interest by making a connection between the world of documentary films, philanthropy and participation and thereby to create social change, as well as everything that is related to the above in the broadest sense or can be conducive to this. This is done, among other things, by publishing and designing an online platform, through which it is possible for the documentary audience to support the protagonist from the documentary and/or non-governmental organizations (NGOs) related to the subject of the documentary and/or charities through donations. and or other mode of action.

1.3. The foundation is not for profit. Only documentary filmmakers and/or producers can sign-up for a social cause as long as it is about making a positive contribution to society and is not for profit they can use the services of Share.Doc to receive donations from donors.

1.4 User: Filmmakers and producers who register a documentary on the platform. Donors who donate and/or support a Cause/Protagonist through the use of the Platform.

1.5 Platform: The Share.Doc software application / website available at: https://www.sharedotdoc.org

1.6 External payment system: Mollie's external payment system. Information and general terms and conditions of Mollie can be found at https://www.mollie.com.

 

Registration procedure

2.1 Share.Doc makes it possible for Documentary and its Causes to become visible and findable online via the Platform and to raise donations in an easy and safe way.

2.2 To use the Platform and the services of Share.Doc, the filmmaker/producer of a documentary must register on the platform. If the documentary has been registered and the Registration Conditions have been agreed upon, an agreement is concluded. After registration, the project is verified by Share.Doc.

2.3 The filmmaker and/or producer is obliged to fill in the information requested in the registration process completely and truthfully. After the application has been successfully submitted via the website, the filmmaker and/or producer will receive a verification email.

2.4 Share.Doc determines at its own discretion whether the registered film meets the requirements set by Share.Doc and is free to reject the application and to dissolve the agreement that has been concluded.

2.5 If the filmmaker and/or producer does not agree with this method of agreement, they must immediately and unambiguously notify Share.Doc in writing.

 

Duration of the agreement

3.1 The agreement is entered for an indefinite period of time, commencing at the moment that Share.Doc expressly states in writing that the registration has been completed and an agreement has been concluded.

3.2 The agreement may be terminated immediately by either party without stating reasons.

 

Share.Doc's rights and obligations

4.1 Share.Doc will at all times commit itself to applicable laws and regulations in the context of fundraising, unless this cannot be expected of it by standards of reasonableness and fairness.

4.2 Share.Doc will set up the film on the Platform as soon as possible after registration.

The Platform will be set up the film project on the basis of the information provided by the filmmaker and/or producer.

4.3 Share.Doc will carry out its activities as much as possible according to the wishes of the filmmaker and/or producer.

4.4 Share.Doc has the right to change or adapt the information provided if this improves the accessibility and/or quality of the Platform.

4.5 Share.Doc reserves the right to temporarily disable the service for the purpose of maintenance, modification or improvement of Share.Doc's systems. Share.Doc will, in principle, arrange for such a shutdown to take place outside office hours and inform the filmmaker and/or producer of the planned shutdown/decommissioning of platform.

Share.Doc is never obliged to pay any compensation for damage in connection with such decommissioning of the platform.

 

Rights and Obligations of the Cause

5.1 Only a statutory and legally authorized or authorized person is authorized to represent the legal person. If the Cause is not a legal person, but a natural person, the filmmaker and/or producer will request permission from these persons. If the representative of the Cause has not legally represented the Cause, the person/filmmaker and/or producer liable towards Share.Doc for any damage.

5.2 The filmmaker and/or producer is responsible for the confidentiality of the username and password provided by Share.Doc. If the username and password have been obtained by a third party and this is not attributable to Share.Doc, Share.Doc is not liable for the consequences thereof. If the account is suspected of abuse, the filmmaker and/or producer will inform Share.Doc as soon as possible.

5.3 Files, data and/or materials that the filmmaker and/or the producer places on the platform or provides to Share.Doc do not infringe any rights of third parties, in particular intellectual property rights and/or privacy. Also, no permission or license is required from the filmmaker and/or the producer or any third party to use the files on the Platform.

5.4 The agreement will be executed on the basis of the information provided by the filmmaker and/or the producer. The filmmaker and/or the producer guarantees the authenticity, correctness and quality of the information provided by him.

5.5 The filmmaker and/or the producer will at all times commit to all national and international laws and regulations that apply to Targets and fundraising.

5.6 The filmmaker and/or the producer undertakes to spend all receipts obtained from the activities of Share.Doc as laid down in her personal description of the purpose at the start of the cation on the Share.Doc platform.

5.7 If the filmmaker and/or the producer does not comply with his obligations referred to in this article, this will never lead to a shortcoming on the part of Share.Doc and Share.Doc can never be held liable for the consequences of the shortcoming.

 

Donations received

6.1 The donations will be made by an External payment processor (Mollie Payments). The costs for using the payment system are 1.9% + €0.25 per transaction.

6.2 Share.Doc charges a 0% platform fee, if the user/filmmaker and/or producer chooses to enable an option that a potential donor can also make an additional donation to Share.Doc. If the filmmaker and/or producer disables this option, platform costs will be charged. In this case, Share.Doc charges a platform fee of 2.5% of the initial amount donated without deduction of payment processing costs, as compensation for the services rendered and use of the Platform.

6.3 Donations received are paid monthly to the filmmaker and/or producer around the 15th day of the next calendar month, unless the choice is made for ‘once a quarter’ or at the end of the action.

6.4 The filmmaker and/or producer can view all transactions in the Share.Doc account, in order to verify the correctness of the payment.

6.5 If a collection of a donation is reversed or otherwise cannot be obtained, but has already been paid out, the reversed amount and the costs of the reversal will be settled with the filmmaker and/or producer with the next payment from Share.Doc to the filmmaker and or producer. If settlement is not possible, the amount will be reversed and the costs of the reversal will be charged to the filmmaker and/or producer by means of a direct debit.

6.6 The costs of a reversal of a donation are € 1.85 per reversal.

6.7 If it appears that a payment has been made without legal ground, then this payment is immediately due and payable by Share.Doc and the filmmaker and/or producer is obliged to refund the amount on demand.

6.8 Share.Doc is authorized to use another payment system without stating reasons, even if this is accompanied by a change in the costs thereof. Share.Doc will immediately notify the filmmaker and/or producer.

6.9 Share.Doc is not liable for damage caused by the non-functioning or incomplete functioning of the external payment system.

 

Personal data and Privacy

7.1 If the filmmaker and/or producer creates a Documentary project on the Platform, Share.Doc will ask to enter a number of (personal) data during the registration process, including the personal data of the authorized representative or the personal data of the Target itself, if it concerns a natural person.

7.2 We need the personal data that we collect to perform the agreement correctly. We ask you to enter data that we need to register the documentary and to perform our service.

7.3 Share.Doc respects the privacy of Causes and donors. Personal data necessary for the registration of the documentary will be treated confidentially and will only be shared with third parties, insofar as this is necessary to execute the agreement (for example, our Third Party Payment Provider). Processing of personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation.

7.4 Donor names are visible, unless a donor has made an anonymous donation. As the recipient of this personal data, the filmmaker and/or producer is regarded as a controller within the meaning of the General Data Protection Regulation (GDPR). The filmmaker and/or the producer guarantees that it handles personal data (initials and surname) made available to them in a responsible manner and in accordance with the GDPR. Personal data made available may not be used for commercial purposes.

7.5 More information about the processing of personal data can be found in our separate Privacy & Cookies lines.

 

Intellectual property rights

8.1 The intellectual property rights that the parties mutually make available in the context of the execution of the agreement remain with the owner or with the third party from whom the owner has acquired the right.

8.2 Both parties hereby grant each other only a right of use to the intellectual property rights that is not exclusive and non-transferable, unless explicitly stated otherwise or deviatingly

determined.

8.3 The right of use means, among other things, that Users of the Platform have the opportunity to display intellectual property of the Cause via social media channels.

8.4 is authorized to adjust logos of the Cause if this benefits the quality and usability of the logos.

8.5 grants Share.Doc the right to display the logo of the Cause as an affiliate of Share.Doc on the Platform.

8.6 The filmmaker and/or the producer / the Cause indemnifies Share.Doc against claims from third parties with regard to intellectual property rights to files, data and/or materials placed on the Platform by the Cause or provided to Share.Doc.

 

Warranties

9.1 Defects in/on the software which are reported to Share.Doc by the filmmaker and/or the producer or third parties after the commencement of activities by Share.Doc will be changed at its discretion, or free of charge changed, unless the occurrence of these defects is attributable to the filmmaker and/or the producer.

9.2 For the Platform, imperfections that do not materially limit normal use are not covered by this warranty.

9.3 Donations from Users that are donated to the Cause via the Platform, are received into the bank account of foundation Trust account Mollie. In order to guarantee the payment to the filmmaker or producer, the donated amount will then be paid to them from a separate third-party account of Share.Doc and a separate entity. In the unlikely event of bankruptcy, the creditors cannot claim the Donations to be paid.

 

Liability

10.1 Share.Doc's liability towards the Purpose of the documentary, for whatever reason, is limited per event (whereby a connected series of events counts as one event) to the fees paid by the Purpose to Share.Doc.

10.2 The previous paragraph of this article does not apply if and insofar as the relevant damage is caused by an event attributable to the Cause/filmmaker and/or producer.

10.3 Under all circumstances, Share.Doc's liability is limited to the Cause's direct damage.

10.4 Share.Doc is never liable for damage (including loss of income by the Cause) that is caused by the non-functioning or incomplete functioning of the Platform or parts of the Platform that result in loss of income from the Cause.

10.5 Share.Doc is at all times entitled, if and insofar as possible, to undo or limit the damage suffered by the client by repairing or improving the work.

10.6 The limitation of liability in this title does not apply in the event that the damage is the result of intent or willful recklessness on the part of Share.Doc.

 

Force majeure

11.1 Neither the goal of filmmaker or producer nor Share.Doc are obliged to fulfill one or more obligations if they are prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of third parties engaged as well as any situation over which the party concerned cannot actually exercise (decisive) control, with the exception of obligations to pay money.

12.2 Confidential information does not include information that was already public at the time it came to its knowledge or became known afterwards, or that the receiving party also received from a third party without an obligation of confidentiality being imposed or this third party being obliged to do so.

 

Non-compliance

13.1 In the event of (provisional) suspension of payments, bankruptcy, shutdown or liquidation of the documentary project, Share.Doc has the right to dissolve the agreement in whole or in part without the other party being liable for compensation.

13.2 If one of the parties does not comply properly or within a specified period or otherwise in a timely manner with an obligation under the agreement, that party is immediately in default and the other party is entitled to dissolve the agreement in whole or in part without notice of default, without prejudice to the other rights. of the terminating party and without the terminating party being liable for compensation.

 

13.3 In the event of a dissolution as referred to in paragraph 2 or paragraph 3, all claims of the dissolving party against the other party are immediately due and payable in full. The other party is obliged to take the necessary measures to enable the terminating party to exercise its rights.

13.4 In the event of a dissolution or cancellation as referred to in this article, the following obligations will continue after the end of the agreement:

 

 a) outstanding payments;

 b) secrecy;

 c) privacy;

 d) intellectual property rights;

 e) liability.

 

These will continue to exist for as long as the parties can reasonably claim their continued existence.

 

Final provisions

14.1 This agreement and the Registration Conditions are governed by Dutch law. If a dispute arises, both parties will make every effort to reach an amicable solution. If this is not possible, then disputes arising from this agreement will, at the discretion of Share.Doc, be submitted to the competent court in Haarlem or Amsterdam, unless mandatory law provides otherwise.

14.2 Share.Doc may engage third parties at its discretion in the performance of the agreement, provided that it ensures that these third parties are subject to the same contractual obligations regarding confidentiality and privacy and without prejudice to the full enforcement of contractual obligations of Share.Doc towards the goal.

14.3 Deviations from these Terms of Use are only valid if they have been agreed upon in writing. The other provisions included in these Terms of Use retain their full effect.

14.4 If a provision of the Terms of Use turns out to be invalid, this will not affect the validity of the entire Registration Terms and Conditions. Share.Doc will replace the void or invalid part with stipulations that are valid and whose legal consequences, in view of the purport of these terms of use, correspond as much as possible with those of the void or invalid part.

14.5 In the event of a sale, transfer or merger, Share.Doc may transfer its rights and obligations under these Registration Conditions to a third party. The filmmaker and/or producer will be notified of this.

14.6 All amounts stated in these Registration Conditions are subject to future price changes.

14.7 If a provision in this Agreement requires that a notification must be made “in writing”, this shall also be complied with if the notification is made by e-mail.

 

Terms of Use

These Terms of Use apply to individuals and/or organizations who make donations or set up a fundraiser for a documentary protagonist or charity through Share.Doc's services.

In order to keep donating as simple as possible and thus cost-effective, an agreement is concluded between Share.Doc the Filmmaker and/or the producer as User.

If the Filmmaker and/or the producers agree to these Terms of Use, Share.Doc assumes that you are aware of the rights and obligations as stated in these Terms of Use.

The Terms of Use were last modified on 01-09-2022.

 

Definitions

1.1 Share.Doc; Foundation Share.Doc, with its registered office in Amsterdam Prinsengracht 413c 1016HM, registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 74468847, duly represented in this matter by Mr.L.Bakker notary in Amsterdam.

 

1.2 Purpose: Share.Doc aims to serve the public interest by making a connection between the world of documentary films, philanthropy and participation and thereby creating social change, as well as everything related to the above in the broadest sense or may be conducive to this. Among other things, by publishing and designing an online platform, through which it is possible for the documentary audience to support the protagonist from the documentary and/or non-governmental organizations (NGOs) related to the subject of the documentary and/or charities through donations and/or other mode of action.

1.3. The foundation is not for profit

1.4 User: Donors who can donate to a Cause associated with the documentary through the use of the Share.Doc Platform.

1.5 Platform: The Share.Doc software application and website, which can be found at: https://www.sharedotdoc.org

1.6 External payment system: Mollie's external payment system. Information and general terms and conditions of Mollie can be found at https://www.mollie.com.

 

General

2.1 Share.Doc makes it possible for Users to make donations to one or more documentaries/actions via the Platform. Alone documentary maker and/or producer can set up a fundraiser for a protagonist or charity.

2.2 Share.Doc ensures that donations made via the Platform reach the filmmaker or producer who in turn takes care of the distribution to the protagonist or the target. The use of the Platform by the filmmaker or the producer is free.

2.3 If the User does not agree with these Terms of Use, no donation or collection can be set up. If an agreement has been concluded against the will of the User, the User must notify this asap by sending an e-mail to info@Sharedotdoc.org (later Share-doc.org)

2.4 These Terms of Use may be changed by Share.Doc at any time, except towards the User during an agreement. This version was drawn up on 08/26/2022.

 

Donations

3.1 If the User wishes to make a donation via the Platform, the User must accept these Terms of Use and then successfully complete all steps of the donation and payment process.

3.2 The User determines himself to which Cause is donated, the amount of the desired amount of the donation and the frequency of the donation (once or periodically).

3.3 Share.Doc will transfer the donated amount after deduction of (transaction) costs to the filmmaker and/or Producer.

3.4 If the Cause expressly rejects the donation, the amount donated after deduction of (transaction) costs will be returned after a maximum period of three months to the account from which the donation was made.

3.5 Donations received will be paid monthly or quarterly if desired or at the end of the promotion to the filmmaker and/or the producer.

3.6 Successfully completed donations will at all times be paid to the filmmaker and/or the producer who will distribute it to the protagonist / the Target. It is not possible to undo the donation, unless payment cannot be made due to, for example, an incorrect account number.

 

Share.Doc's rights and obligations

4.1 Share.Doc will at all times commit itself to applicable laws and regulations in the context of fundraising, unless this cannot be expected of it by standards of reasonableness and fairness.

4.2 Share.Doc has the right to change or adapt information provided by the User if this improves the accessibility and/or quality of the Platform.

4.3 Share.Doc reserves the right to temporarily shut down the Platform for maintenance, modification or improvement of Share.Doc's systems. Share.Doc is never obliged to pay any compensation for damage in connection with such decommissioning.

4.4 Although Share.Doc attempts to provide accurate, complete and current information from sources believed to be reliable, Share.Doc makes no warranty as to the accuracy, completeness or timeliness of the information.

4.5 When Share.Doc provides hyperlinks to information from Targets, this does not mean that Share.Doc is recommending such information or services. Use of such links is entirely at own risk of user. Share.Doc assumes no liability for the content, use or availability of such information. Therefore, Share.Doc can in no way be a party to any dispute between the originator of the notification and the User to whom the notification relates.

4.6 Users - filmmakers and producers - of the Platform can place content in the Platform themselves. Share.Doc does not exercise any prior checking or editorial supervision in this regard. Share.Doc will investigate complaints about user content at all times and change or remove the content where necessary. For complaints or comments, the User or visitor should contact us by sending an email to: info@sharedotdoc.org

 

Personal Data and Privacy

5.1 If the User wants to make a donation or start a fundraising campaign, we ask that during enter a number of (personal) data during registration.

5.2 We need the personal data that we collect to properly execute the agreement. We ask you to enter information that we need to make a donation or set up a fundraiser.

5.3 Share.Doc respects privacy. Users' data will be treated confidentially and will only be shared with third parties to the extent necessary to perform the agreement between Share.Doc and User. For example, a third party with which data is shared is our Third Party Payment Provider. Processing of personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation.

5.4 In accordance with privacy legislation, we process personal data on the following bases:

• On the basis of the execution of an agreement, eg by donation or when creating a documentary project/action;

• Based on compliance with legal or regulatory requirements, eg the prevention of fraud. 

• Based on our legitimate interest, for example to keep you informed about a cause you have supported.

• Based on your explicit consent.

 

When processing data, there are several rights that can be invoked:

a) the right to receive an explanation about the personal data we have and what we do with it;

b) request access to the data we have received.

c) have errors in data corrected;

d) have outdated personal data deleted;

e) withdraw consent.

f) object to specific use of own data;

g) ask to return your own data.

Some of these rights can be exercised if you have an account on our website. Other requests can be submitted via our contact form. We will handle requests within one month. With the above requests, we will ask you to identify yourself, so that we can be sure that we do not modify or delete data from the wrong person.

More information about the processing of your personal data can be found in our separate privacy & cookie policy.

 

Liability

6.1 The liability of Share.Doc towards the User, for whatever reason, is limited per event – ​​whereby a connected series of events counts as one event – ​​to the amount donated to Share.Doc by the User.

6.2 The previous paragraph of this article does not apply if and insofar as the relevant damage is caused by an event attributable to the User.

6.3 Under all circumstances, Share.Doc's liability is limited to the User's direct damage.

6.4 Share.Doc is never liable for damage (including loss of income by the Cause) that is caused by the non-functioning or incomplete functioning of the Platform or parts of the Platform that result in loss of income from the Cause.

6.5 Share.Doc is at all times entitled, if and insofar as possible, to independently undo or limit the User's damage by repairing or improving the work.

6.6 The limitation of liability in this title does not apply in the event that the damage is the result of intent or willful recklessness on the part of Share.Doc.

 

Intellectual Property Rights Share.Doc

8.1 If the User uses the Platform, it is prohibited to:

a) install the Platform on a device not belonging to the User;

b) make the Platform available to third parties on a (peer to peer) network or otherwise;

c) provide a sub-authorization to use the Platform;

d) modify the Platform, find the source code and/or develop derivative works of the Platform.

 

 8.2 All intellectual property rights regarding the content and layout of the Platform are vested in Share.Doc or its licensors. Copying, distribution and any other use of these materials is not permitted without the express written permission of Share.Doc, except and only to the extent provided otherwise in regulations of mandatory law.

8.3 It is not permitted to include web pages or individual elements (such as images, videos or interactive applications) of the Platform in a frameset or to process them via another web page, if the origin of the material is not clearly indicated.

8.4 Nothing stated in these Terms of Use and/or on the Platform is intended to transfer any intellectual property rights and/or to grant any intellectual property rights to the User. The use that the User may make of the Platform is limited to what is described in these Terms of Use.

8.5 Subject to these Terms of Use, Share.Doc grants the User a limited, personal, revocable, non-exclusive, non-sub-licensable, non-transferable, right to view the files made available through the Platform and /or listen in the way and in the format as these files are made available in the Platform.

8.6 It is expressly not permitted to download, copy, modify, disclose, use for direct or indirect commercial purposes or use for any purpose other than the purposes mentioned above, files, data, programs and/or materials are expressly prohibited. unless Share.Doc or the relevant rights holder has given permission for this. It is therefore, among other things - but not limited to - requesting or reusing substantial parts of the Platform without the written permission of Share.Doc or to repeatedly and systematically request or download non-substantial parts of the Platform. reuse as referred to in the Database Act.

8.7 It is not permitted to remove, make illegible, hide or change any notices or mentions relating to intellectual property rights.

 

Uploading/provision of information

9.1 By making files, data and/or materials available to Share.Doc, the User warrants that the User is authorized to do so in accordance with these Terms of Use and that the User is entitled to grant Share.Doc the rights referred to in these Terms of Use.

9.2. The User guarantees that the files, data and/or materials that the User makes available do not violate the law and do not infringe the rights of third parties, such as intellectual property rights and/or privacy. Also, no permission or license is required from the User or any third party to use the files on the Platform.

9.3 Under the conditions set out in these Terms of Use, the User in principle retains the copyrights and other intellectual property rights belonging to the User with regard to the information made available by the User via the Platform to visitors to the Platform.

9.4 The User acknowledges and agrees that by making files, data and/or materials available to Share.Doc (which in these Terms of Use means, among other things: uploading them), the User automatically provides Share.Doc with a free, grants an unencumbered, worldwide, (sub)licensable, non-exclusive license to:

a) use, reproduce, distribute and disclose the files, data and/or materials in connection with any Share.Doc service;

b) use and reproduce the files, data and/or materials (and allow third parties to use and reproduce)

9.2. The User guarantees that the files, data and/or materials that the User makes available do not violate the law and do not infringe the rights of third parties, such as intellectual property rights and/or privacy. Also, no permission or license is required from the User or any third party to use the files on the Platform.

9.3 Under the conditions set out in these Terms of Use, the User in principle retains the copyrights and other intellectual property rights belonging to the User with regard to the information made available by the User via the Platform to visitors to the Platform.

9.4 The User acknowledges and agrees that by making files, data and/or materials available to Share.Doc (which in these Terms of Use means, among other things: uploading them), the User automatically provides Share.Doc with a free, grants an unencumbered, worldwide, (sub)licensable, non-exclusive license to:

a) use, reproduce, distribute and disclose the files, data and/or materials in connection with any Share.Doc service;

b) 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 a Share.Doc service;

 c) grant the right to remove any files, data and/or materials made available by the User from Share.Doc's servers and from the Platform, intentionally or unintentionally, and for any reason whatsoever and also without cause, without Share.Doc becoming liable in any way to the User or any third party as a result of such removal.

9.5 The User hereby declares that it will not perform any actions that may infringe (intellectual property) rights of Share.Doc or third parties. The User acknowledges and accepts that any unauthorized use of files, data and materials covered by intellectual property rights violates these Terms of Use and applicable law, including but not limited to the

 

Copyright Act.

9.6 The User acknowledges and agrees that the files, data and/or materials that the User makes available to Share.Doc will be used by other users of Share.Doc. Share.Doc assumes no liability whatsoever for compliance with these Terms of Use by Share.Doc users. The User also acknowledges that there is a possibility that the files, data and/or materials that the User makes available to Share.Doc may be used by third parties in a way that conflicts with or is not provided for in these Terms of Use.

9.7 Share.Doc is not liable for any acts of third parties in violation of these Terms of Use or any legal provision or for any other unlawful acts of third parties with regard to files, data and/or materials made available by the User.

9.8 The User guarantees to Share.Doc that the User is fully entitled to the files, data and/or materials that the User makes available to Share.Doc and that the User is fully entitled and authorized to use the license as referred to in these Terms of Use.

9.9 The User indemnifies Share.Doc and all affiliated companies and persons against all claims from third parties based on the claim that the files, data and/or materials infringe any applicable (intellectual property) right of third parties or otherwise unlawful towards third parties and for all claims arising from the User's actions in violation of these Terms of Use. All costs incurred and damages incurred by Share.Doc in any way related to such claims will be reimbursed by the User.

 

Final provisions

10.1 Deviations from these Terms of Use are only valid if they are agreed upon in writing. The other provisions included in these Terms of Use retain their full effect.

10.2 If a provision of the Terms of Use turns out to be invalid, this does not affect the validity of the entire Terms of Use. Share.Doc will replace the void or invalid part with clauses that are valid and whose legal consequences, having regard to the purport of these Terms of Use, correspond as much as possible with those of the void or invalid part.

10.3 In the event of a sale, transfer or merger, Share.Doc may transfer its rights and obligations under these Terms of Use to a third party. User will be notified of this.

10.4 If a provision in this Agreement requires that a notification must be made “in writing”, it will also be satisfied if the notification is made by e-mail.

10.5 These Terms of Use are governed by Dutch law. If a dispute arises, Share.Doc will endeavor to reach an amicable solution with the User. If this is not possible, then disputes arising from this agreement will, at the discretion of Share.Doc, be submitted to the competent court in Haarlem or Amsterdam, unless mandatory law provides otherwise.