By “20blinks” we mean our services made available through our website www.20blinks.com or through (portable-) devices, other media, hosting websites and/or software.
By “Account” we mean the online environment in which the (prospect) User enters his personal information in order to have access to 20blinks. User can only join 20blinks by logging into his account with Facebook via www.20blinks.com. We extract the Personal Information User has provided to Facebook and use that information to create User’s 20blinks account.
By “Agreement” we mean the agreement between Provider and User regarding the use of 20blinks and the Website.
By “Blink” we mean the activity of User to show Items in his Collection.
By “Collection” we mean the collection of favourite Items of a User created by the User through 20blinks which is accessible to Provider, User and any Third Party on the Website.
By “Data” we mean any information provided to us by User, including but not limited to Personal Information.
By “Intellectual Property Rights” we mean among others the exclusive rights to copyrighted works, data, trademarks, logos, trade names, design, patents and know how.
By “Item” we mean any image uploaded to 20blinks by the User or added to the Collection by creating a link with an existing website.
By “Personal Information” we mean any Data concerning a natural person either specifically identified or likely to be identifiable, including but not limited to name and email address.
By “Provider”, “us”, “we” and “our” we mean 20blinks bv, The Hague, The Netherlands, Chamber of Commerce File No. 27380443, Email: firstname.lastname@example.org
By “ReBlink” we mean the activity of User to drag Items from other Users’ Collections and drop these in his own Collection.
By “Third Party” we mean each person or entity who is not the Provider or a User.
By “User” and “You” we mean a natural person who has created a 20blinks Account.
By “Website” we mean www.20blinks.com.
By “Works” we mean the works that enable you to use 20blinks, including but not limited to software (design material, source codes, screen lay-out, tools, api’s), data bases, automated information, films, texts, graphs, photographs, audio files, multi-media files as well as any other material and content in connection with 20blinks.
2. Applicability of the Terms
These Terms will apply to all agreements and legal relations regarding 20blinks. By creating an Account on 20blinks, User declares to be aware of the contents of these Terms and to agree to their applicability to the Agreement. The Terms can be consulted on and printed from the Website.
3. Amendment provisions and services
We reserve the right to change the Terms and/or 20blinks from time to time. The most current version of the Terms are published on the Website. By continuing to make use of 20blinks User declares to be aware of the contents of the Terms and to agree to their applicability.
We will do our utmost to keep 20blinks free of defects but User makes use of 20blinks at his own risk. We provide 20blinks ‘as is’ and do not guarantee in any way that 20blinks will be available at any time or will be free of defects. Nor do we guarantee that 20blinks will be secure and safe.
We do not guarantee in any way, in so far as this is legally permitted in accordance with mandatory rules of law, that 20blinks and/or the entire or partial content of the Website is suitable for the intended purpose.
We will be entitled to deny Users access to 20blinks, at any time, without giving reasons and without prior explanation, either for a shorter or a longer period of time or permanently, or to block, restrict and/or remove an Account, Works, files, data or any other material – all of this at our own discretion – either in the event the User should act in violation of these terms, any statutory provision or any other applicable regulations or if this should be required – at our discretion – to prevent unauthorized access, loss or destruction of data, all of this without us being held to any form of compensation towards the User.
5. Access to Account
User guarantees that all data supplied to his Account and/or to the Website are both accurate and complete. User will keep his contact information up-to-date.
User will not provide any false information, including but not limited to Personal Information, on his Account or on the Website.
We reserve the right to remove or reclaim a username if we believe this to be appropriate, e.g. in the event a claim is received with respect to the concerned User’s Account.
User will be allowed to create one Account only.
User will not be entitled to create an Account in another person’s name, unless this person has explicitly permitted User to do so.
Users under the age of 13 will not be entitled to create an Account unless they have been granted explicit permission by their parents or any other legal representative.
User is responsible for maintaining secrecy with respect to his log-in name and password. User will not be entitled to make his log-in name and password available to Third Parties.
User will immediately inform us in writing or email in the event he should suspect any Third Party of making unlawful use of his Account.
In the event of suspected unlawful use is mentioned under 5.8, we reserve the right to block the concerned Account, either for a shorter or a longer period of time or permanently, without being held to any form of compensation towards the User.
User will not transfer his Account to anyone without written permission from us.
We will not be held to make a back-up of the Items or Data made available by the User. User acknowledges that Works and data and/or copies thereof may be lost as a result of a failure or in any other way. We will not be liable for any loss of data.
6. Intellectual Property Rights
All Intellectual Property Rights with the Works will remain vested in us or in the Third Party who has granted us the right to use certain Works in order to make 20blinks available to the User. Intellectual Property Rights will never be transferred to the User.
We grant User a non-exclusive, non-transferrable and revocable right of use, which right cannot be sub-licensed, to use the Works in the context of 20blinks. User will not be entitled to imitate, multiply or change the Works or to edit the Works in any way, nor to alienate or encumber the Works.
User is not entitled to use our trademarks or any confusingly similar marks, without our explicit written permission.
User will not be entitled to remove or change any Intellectual Property Rights notice on or in the Works.
20blinks allows Users to build personal Collections by adding Items and Data. Items in a Collection are either uploaded by the User or created by the User through establishing links with existing websites.
User guarantees that the Intellectual Property Rights to the Items and Data are either vested in him (in particular in the case of uploaded images) or that he has the right to make these Items public through 20blinks (in particular in the case of links to existing websites).
User grants 20blinks – free of charge – a worldwide, non-exclusive, irrevocable and transferrable right, sub-licensable, free of royalties and permitting sub-licensing, to use the Items and Data referred to in 6.5 for the performance of 20blinks, to change these Items and Data or to edit them in any other way, to make them public and/or to multiply them.
User grants each User of the Website a worldwide, irrevocable, non-exclusive right, free of royalties, to use the Items, to change them or to edit them in any other way, to make them public or to multiply them in so far as this is permitted by virtue of 20blinks’s functionality and permitted under these Terms.
User is aware and agrees that the Items and Data will be used by other Users. 20blinks does not accept any liability for Users’ non-compliance with these Terms. User is aware that other Users and/or Third Parties can use the Items and Data in a manner that is in violation of these Terms and and/or statutory provisions. User is aware that removed Items and Data may persist in other User’s Collections and/or in back- up copies.
User guarantees that his making available the Items and any Data and/or any other content will not infringe any privacy rights of other Users and/or Third Parties.
User consents to having his Personal Information and any Items or Data he uploads, being transferred to and processed in The Netherlands.
User indemnifies us and our successors in title against all claims and actions instituted by Third Parties or Users alleging that Items and/or Data published by the User through 20blinks, infringe any valid right of that Third Party or User or are unlawful towards that Third Party or User in any other way and against all claims arising from any act or omission by User in violation of these Terms.
User indemnifies 20blinks against all claims for compensation by Third Parties resulting from the use of the Items and Data referred to in 6.5.
We are not liable for alleged damage claims or any other claim in connection with the use of or inability to use 20blinks, nor for the breach of these Terms or the Agreement.
In any event our liability will be limited to statutory liability under the applicable law.
We will investigate any serious complaint which is based on alleged infringement of any right of a Third Party and possibly take steps, including those laid down in 4.3 of these Terms.
A complaint as referred to under 10.1 should at least contain: a. an indication (URL) where the material is to be found on the Website; b. a written statement describing the infringement; c. a written statement indicating what the complainants wants us to do; c. the complainant’s contact information; d. if the infringement concerns an infringement of an Intellectual Property Right, a statement indisputably demonstrating who the Intellectual Property Right owner of the material is.
11. Term and termination
The Agreement commences at the moment User successfully creates an account and automatically terminates at the moment an Account is removed for whatever reason by any of the Parties.
The right of use granted as referred to in 6.5 will end at the moment the Works and data have been removed by the User, accepting our right to make the Works and data available through the Website’s archive function.
Each Party will be entitled to terminate the Agreement, at any time and without reasons.
12. Consequences of termination
After termination of the Agreement, the User will no longer have access to the Website, including his Collections, Items and Data, in so far as still present, made available to him through 20blinks.
20blinks will not be held to migrate User’s Items and Data in any way.
All provisions with respect to Intellectual Property Rights, indemnity, transfer of rights, voidness, voidability and invalidity will remain in full force and effect following termination of the Agreement.
13. Forbidden content/activities
User is not allowed to make material available through 20blinks if this material, in our opinion, is offensive, unnecessarily hurtful, discriminating, inflammatory, or otherwise in violation of any standards of due care, of these terms and conditions, of statutory provisions or other applicable legislation, including but not limited to pornographic or sexually explicit material, if this material has content that incites violence or hatred towards a group of persons, content in which personal details of minors are requested, content stimulating the performance of illegal activities or creating illegal activities and content which infringes Intellectual Property Rights.
User will not use 20blinks for any commercial or similar activities such as but not limited to: send or otherwise post unauthorized commercial communications (such as spam) on 20blinks, collect users’ content (such as harvesting bots, robots, spiders, or scrapers), upload viruses or other malicious code, solicit login information or access an account belonging to someone else, bully, intimidate, or harass any user, offer any contest, giveaway, or sweepstakes ("promotion") on 20blinks, do anything that could disable, overburden, or impair the proper working of 20blinks such as a denial of service attack.
14. Links to sites of Third Parties
In the event the Website should contain links to websites of Third Parties, 20blinks cannot be held liable towards the User for the use, completeness, correctness, quality, availability, lawfulness and/or reliability of these sites.
User is fully responsible for the use he makes of the sites referred to in 14.1.
15. Transfer of rights to Third Parties
User will not be entitled to transfer any of his rights or obligations under the Agreement to a Third Party.
All 20blinks’s rights and obligations under these Terms can be transferred by 20blinks in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Waiver of any of the rights under any provision in these Terms will not be seen as a waiver of the rights under any of the other provisions in these Terms or the Agreement; neither will waiver of any of the rights on account of a failure to meet any provision in the Terms or the Agreement be explained as a permanent waiver of rights.
In the event one or more of the provisions in the Terms should be void or voidable, or in the event performance of that provision cannot be demanded, the other provisions will continue to apply in full.
Amendments of and/or additions to the Terms will only be valid if put down in writing and signed by 20blinks.
Any notification in writing should be sent by mail to:
20blinks bv, The Hague, The Netherlands
Or by email to:
Effective as from December 1, 2011