General

1. Applicability

1.1. These terms of use tell you the terms of use on which you can use our platform. Use of our platform includes, but is not limited to, accessing, browsing or registering to use our platform.

1.2. Please read these Terms of Use carefully before using our Platform as they apply to your use of our Services. We recommend that you save or print a copy of this for future reference.

1.3. By using our platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you may not use our platform.

1.4. If you are using our Platform on behalf of a company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so.

1.5. You are responsible for taking all measures necessary to access our Platform. You are also responsible for ensuring that all persons accessing our Platform through your internet connection are aware of and comply with these Terms of Use and other applicable terms and conditions.

2. Services

2.1. Our platform allows our users to store, add, post, submit, upload and/or link content related to the equestrian world ("Content") to our platform.

2.2. We offer our users access to our platform, to some pre-developed templates that can be used to structure and upload content in a clear way, to services to share content with other users and to other related services.

2.3. Our users may have access to other users' content under the terms of these Terms of Use.

3. Costs and payment

3.1. Access to our Platform is free of charge and we do not charge for the use of our (standard) Services.

3.2. We may charge you for the use of our additional services, e.g. subscriptions. We will inform you about the fees and payment details on our platform.

3.3. Fees for the additional services will only be charged upon prior notice.

3.4 When you purchase a subscription, you have the right to withdraw from the agreement within 14 days without giving reasons. This period starts on the day you purchased the paid membership. You can revoke by e-mail to info@mycompass.horse.

3.5 In case of withdrawal, the credit term is no later than 14 days after cancellation. MyCompass.Horse uses the same payment method that you used to pay.

4. Your account and password

4.1. If you choose a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to third parties.

4.2. We have the right to disable or reclaim any username or password, whether chosen by you or assigned by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use or if we believe that this is the case. (for example, when a trademark owner complains about your username that is not closely related to that user's actual name).

4.3. You are responsible for accessing and maintaining all equipment used in conjunction with the Terms of Use. This includes all computers, software and all communication equipment used for our Services.

5. Our intellectual property rights

5.1. We own all right, title and interest (including, but not limited to, patents, copyrights, trademarks, trade secrets and all other intellectual property rights) in and to the Platform, the Services and all technical requirements and end-user documentation made available to you by us and all content provided by us, including our templates, and used in connection with, or generated by, the platform.

5.2. We reserve all rights not expressly granted to you in these Terms of Use. We retain title and interest in and to all existing and future intellectual property rights and all related rights.

6. Your Content, Intellectual Property Rights and Licenses

6.1. Each time you use a feature of our platform that allows you to store, add, post, submit, link or upload content or to contact other users, you warrant and represent that you are legally entitled to such use of the Content and your Content do not violate any rights of third parties, in particular intellectual property rights and privacy rights.

6.2. You remain the owner of all intellectual property rights relating to your Content. By making any content available on our platform, you grant us a worldwide, non-exclusive, transferable and royalty-free license to use, copy, distribute and disclose such content to third parties for the provision of our services under these Terms of Use, including the right to display your content on our platform.

6.3. We are not obliged to review the content and cannot be held responsible for the content in any way. You agree that under no circumstances shall we be liable for indirect, special and/or consequential damages, costs and expenses, in any way arising.

6.4. We have the right to disclose your identity to a third party when we receive a formal written complaint stating that any content uploaded by you to our platform constitutes a violation of its rights, in particular intellectual property rights or privacy rights, or if otherwise required by law to express our opinion.

6.5. By accessing and using our Platform, you agree not to post or submit any unlawfully threatening, defamatory, defamatory, offensive, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct.

6.6. By removing your Content from the Platform, you terminate all licenses granted to us under these Terms of Use for such Content. All sublicenses granted to third parties remain in effect.

6.7. We have the right to remove content from our platform if that content violates the rights of third parties, in particular intellectual property or privacy rights, or otherwise does not comply with our content policy (as described in article 6.5) or with applicable laws or regulations. We reserve the right to remove or disable access to Content at any time without giving you (prior) notice.

6.8. You must at all times retain your own (converted) copy of Content uploaded and/or shared through our Platform.

6.9. The views of users on our Platform do not represent our views or values.

7. Infringement

7.1. If you believe that your work (or the work of a third party on whose behalf you are entitled) has been used, copied, distributed or disclosed through our Platform in a way that infringes your rights, in particular copyright, trademark or other intellectual property rights, you must send us a notice of infringement which must include the following written information:

a) a statement that you have identified content or other material on the Platform that infringes your copyright or other intellectual property rights;

(b) identification of the content or other material claimed to be infringing or to be the subject of infringing activity and to be removed or access to which is to be disabled;

c) your full name, e-mail address, postal address and telephone number on which you can be reached;

d) a statement by you that the information in the infringement notice is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.

e) a statement by you that you have a good faith belief that the use of the content or other material in the manner complained of is not authorized by the owner of the intellectual property rights, its agent or the law;

f) physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the allegedly infringing work.

7.2. For reports of claims of infringement on or relating to the Platform, you can reach us via our complaint form.

7.3. If we remove your Content for infringement of someone else's intellectual property rights and you believe we have inadvertently removed it, we will give you the opportunity to object.

7.4. If you repeatedly infringe the intellectual property rights of others, we will disable your account if necessary.

8. Purchase via MyCompass.Horse

8.1. Our platform enables people to offer products and services for sale. However, MyCompass.Horse is not a webshop. The actual purchase contract is concluded directly between the seller and the buyer. We have no control over and do not guarantee the existence, quality, safety or legality of products and services offered for sale by a user.

8.2. We are not responsible or liable to any (third party) party for the content or accuracy of any content created by you or any other user of our platform.

8.3. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, express or implied, that the Content relating to our Platform is accurate, complete or up-to-date.

9. Availability, use and restrictions on the platform

9.1. We cannot guarantee that our platform will always be available or uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, revoke, discontinue or modify our Platform in whole or in part without notice. We will not be liable to you if our Platform is unavailable for any reason at any time or for any period of time.

9.2. We reserve the right to review or discontinue any facet of the Platform. This includes, but is not limited to, opening hours, functionality and prices for using the platform.

9.3. We reserve the right to limit the availability of the Platform, in whole or in part, to any person, for any purpose and to any geographical area or jurisdiction we choose, at any time and in our sole discretion.

9.4. We reserve the right to change these Terms of Use as we deem necessary. Any use of the Platform by you upon notice serves as acceptance of changes to the Terms of Use.

9.5. The Platform is valuable intellectual property of MyCompass.Horse, Jasmijn de Bruijn or third parties who have contributed to this. Copying (any part of) the Platform is prohibited.

9.6.When accessing or using the Platform, you agree not to do or attempt (or allow anyone else):

a) use, distribute, rent, lend, lease, sell, sublicense or otherwise transfer or offer the Platform for commercial purposes;

b) remove or alter any copyright, trademark, confidentiality or other proprietary notices or marks;

c) modify, translate, adapt, organize or create derivative works of the Platform, except as permitted in these Terms of Use;

d) decompile, disassemble or reverse engineer, or determine source code, algorithms, methods or techniques of the Platform;

e) interfere with, damage or disrupt the operation or security-related functions of the Platform, gain unauthorized access or restrict or prevent use by others;

f) use any robot, spider or other system, device or mechanism to access the platform that is likely to interfere with, disable or destroy the platform or any content of our users;

g) frame or mirror any part of the Platform or create a competing business for the Platform;

h) collecting or storing personal information about an individual or entity that violates these Terms of Use and our Privacy Policy;

i) advertise, promote or solicit goods or Services for commercial purposes, except as expressly authorized by us or expressly permitted by these Terms of Use;

j) use the Platform, any feature thereof or any Content in a manner that could violate any law or expose the rights (including but not limited to the copyright, trademark, patent, trade secret, other intellectual property, proprietary rights or other rights) of any person, firm or entity or expose us to legal liability;

k) pose a security risk to the Platform or to any other user.

9.7. We are not obliged to monitor the Platform and the content uploaded and stored by you or any use thereof by you or to retain the content of your user session.

9.8. We reserve the right to review, revise, retain and/or disclose any information at any time as necessary to comply with any applicable law, regulation, legal process or governmental request.

10. Liability, warranties and damages

10.1. Nothing in these Terms of Use excludes or limits our liability arising from our gross negligence or intent or any other liability that cannot be excluded or limited by Dutch law.

10.2. You are responsible for your use of the Platform, for any Content you upload, post and share using our Services and for any consequences thereof.

10.3. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of our Services.

10.4. To the extent permitted by law, we exclude any warranties or other terms that may apply to our Platform, our Services or any Content thereon, express or implied.

10.5. We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising out of or in connection with:

o use of or inability to use our Platform; or

o Use of or rely on any content displayed on our Platform or in connection with our Services.

10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of our platform, or for downloading any content on it, or on any website linked to it.

10.7. Our platform contains content, links to other websites and other resources offered by third parties. We have no control over the content, websites or resources. We accept no responsibility for the content provided by users or for content of websites linked on our platform. Such content or links should not be interpreted as an endorsement by us of that content or linked websites. We will not be liable for any loss or damage that may arise from your use of it.

10.8. The Platform is provided as is. We are not responsible for researching or evaluating the content or accuracy and we make no warranty and are not liable or responsible for any content, or for any other third party products or services.

10.9. We will not be liable for any damages or damages related to the purchase or use of Services, resources, products, Content or any other transactions carried out in connection with third party websites. Please read the third party's policies carefully and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third party products and services should be directed to the third party.

10.10. You agree to indemnify and hold us and our affiliates and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys' fees) arising out of or relating to any claims arising out of your breach of these Terms of Use.

10.11. In no event shall MyCompass.Horse's total liability exceed the amount paid out under MyCompass.Horse's insurance policy in the matter in question or the amount you have paid MyCompass.Horse.

11. Notice of Privacy Policy

11.1. Because your privacy is very important to us, we have designed a privacy policy to make important disclosures about how you can use our platform and how we collect and use your content and information. We encourage you to read our privacy policy before using our platform.

11.2. Most of the content you submit, post or display through our Platform is public by default and can be viewed by other users. For certain information fields, we provide you with visibility settings so that you can select who can see this information.

11.3. By clicking the "accept" button, you agree that this acts as a receipt of a notice of our privacy policy available on our platform and you understand that by using our platform you consent to the collection and use of this information.

11.4. We reserve the right to change the privacy policy periodically. Such changes will be posted on our platform and you agree to take responsibility for regularly reviewing any privacy statements posted there.

12. Termination

12.1. We may suspend or terminate access to our Platform if you a) materially breach any of the terms of these Terms of Use and if the breach is not remedied within a reasonable time after the party in breach has been notified in writing, or b) you create risk or potential legal exposure for us.

12.2. If you want to  delete your account, you can send an email to info@mycompass.horse. Your account and data will then be deleted.

12.3. In all such cases, these Terms of Use will terminate, including your license to use our platform. However, any provision of these Terms of Use that by its nature should survive termination of these Terms of Use shall survive such termination.

13. Other

13.1. If any part of these Terms of Use is found to be invalid, unenforceable or non-binding, the remainder shall remain in force and effect.

13.2. Failure to enforce any of these Terms of Use shall not be deemed a waiver.

14. Applicable law and competent court

14.1. These Terms of Use and our agreement with you shall be construed in accordance with and governed exclusively by the laws of the Netherlands.

14.2. You also enjoy the protection of the mandatory provisions of the law that would apply without the first provision.

14.3. All disputes that may arise under or in connection with our agreement with you and/or these terms of use will be submitted exclusively to the competent court Midden-Nederland, located in Utrecht.