Terms and Conditions
Terms and Conditions of Nuance
By registering, logging in to, and/or using your personal account on the website https://nuance.xyz/ (the “Website”) and/or the Nuance mobile (smartphone) application ‘Nuance’ (the “App”), you hereby declare (i) that you agree to become a party to this agreement (the/this “Agreement”), and (ii) that your counterparty is AIKIN B.V., a private limited company (besloten vennootschap met beperkte aansprakelijkheid), having its statutory seat in Den Haag, the Netherlands, and its main place of establishment in (2513 EH) Den Haag, the Netherlands, at the address of Veenkade 58, registered in the trade register with the Chamber of Commerce (Kamer van Koophandel) under number 83095322 (“Nuance”, “we” and/or “us”).
This Agreement applies to all your visits to and use of your account on the Website and the App. This Agreement also applies to all information, recommendations and services that Nuance provides through the Website and/or the App (the “Platform”). The Platform is (technically) made available to you by Nuance via its blockchain network, which is accessible via the Website and the App.
On our Platform you can: publish articles for all registered users to read (“Free Content”); get access to and reed Free Content; publish articles for limited paying for all registered users to read (“Paid Content”); get access to and read Paid Content.
If you publish articles you are referred to as a “Publisher”, whereas if you get access to and read articles you are referred to as s “Reader”. Free Content and Paid Content are together referred to as “Content”.
By using the Website and/or the App, Nuance grants you access to the Content and the use of the Platform, which access will be sought exclusively through the Website and/or the App. Nuance grants such access and right of use solely to you and for your own use, on a customary basis that is in line with the applicable standards of reasonableness and fairness.
You acknowledge and warrant to Nuance that using the Content and/or the Platform via the Website and/or the App and (consequently) entering into this Agreement does not create any rights and/or obligations towards Nuance, other than the rights and obligations stated in this Agreement.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use our Platform and that your parent or guardian agrees to the terms of this Agreement on your behalf).
You are solely responsible for all Content that you publish on our Platform. You must make sure that you use our Platform in a manner that complies with the law and is permitted by this Agreement. If your use of our Platform is prohibited by applicable laws, then you aren’t authorised to use our Platform. We can’t and won’t be responsible for you using our Platform in a way that breaks the law. While publishing content you must comply with our rules, which means that the Content must not: Threaten, glorify, insight, or encourage violence, suicide or self-harm; threaten or promote terrorism or violent extremism; contain or depict sexual violence, sexual assault, or child sexual exploitation; promote violence against, threaten, or harass people on the basis of race, ethnicity, nationality, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease; share adult image or live video content, or intimate photos or videos produced or distributed without consent; have an unlawful purpose or facilitate illegal activities (e.g. selling, buying, or facilitating transactions in illegal goods or services); contain (or threatens to expose) other people’s private information (such as home phone number and address) without their express authorisation and permission; manipulate or interfere in elections or other civic processes; impersonate individuals, groups, or organisations or share manipulated media intended to mislead, deceive, or harm others; and/or violate others’ intellectual property rights, including copyright and trademark.
You represent and warrant that you will not publish Content or otherwise use our Platform in a manner that is not compliant with the law or the rules stated above.
We reserve the right to remove any Content from our Platform at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of this Agreement), in our sole discretion, and without notice.
As a Publisher, any original Content you publish on the Platform remains yours and is protected by copyright and any other applicable intellectual property laws. You do however grant Nuance a license to your Content in order to enable us to operate the Platform. This is license is a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your Content and to permit others to use, access, and download your Content through our Platform, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of your Content.
As a Reader, you can access and read Free Content. You can also purchase access to Paid Content, in which case we provide you with a limited license regarding that specific Paid Content, in order to allow you to access and use our Platform. This is license is a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right to access that Paid Content through our Platform. This access is managed through the Platform, which may involve a so-called non-fungible token. You may transfer the access to purchased Paid Content to another Reader, in which case you transfer the applicable license. Payment of this transfer is handled through our Platform, which includes a 10% revenue share for Nuance.
By entering into this Agreement, you acknowledge and warrant to Nuance that you will only use and access the Content and the Platform via the Website and/or the App under the following conditions: only if you are 16 (sixteen) years old or older; solely for your own personal use and (therefore) not for or on behalf of any person or entity other than yourself or for investment or speculative purposes; at your own risk and expense; only if you are legally entitled and empowered to do so under the laws and regulations applicable to you and this Agreement; in a lawful and non-fraudulent manner - more specifically: you can and will only access the Content and the Platform through your personal account on the Website and/or the App. You may not circumvent (by technical means) your personal account, the Website and/or the App or use the Content and the Platform through screen scraping and/or through other irregular or fraudulent means; and not via an API, unless you have obtained prior written consent to do so from Nuance and/or unless you are using an API made publicly available by Nuance.
If and insofar as you infringe and/or act in violation of any of the acknowledgements or warranties mentioned in this Agreement that you have given to Nuance, Nuance is entitled, immediately and without further notice of default and/or notification, to temporarily block and/or permanently close your account and, as a result, temporarily deny you access to the Website, the App, the Content and the Platform.
To the fullest extent allowed by applicable law, Nuance, its directors, its staff and/or any third party involved in the development of the Content, the Platform, the Website and/or the App, as well as the implementation of this Agreement, are not liable for any damage, howsoever which results from improper, unauthorised, reckless and/or unlawful use by you of your personal account, the Content, the Platform, the Website and/or the App, whether using the Website and/or the App, or any of your actions that violate the provisions of this Agreement.
To the fullest extent allowed by applicable law, Nuance, its directors, its staff and/or any third party involved in the development of the Content, the Platform, the Website and/or the App, as well as the implementation of this Agreement, are also not liable for any damage, however named, resulting from unforeseen circumstances, such as (but not exclusively or limited to): hacks, software and/or hardware failure, downtime of (hardware) systems, downtime of blockchain(s) and associated networks and/or other software and/or hardware (related) failures that directly affect the functioning of the Website, the App, the Content and/or the Platform.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Nuance, its directors, its staff and/or any third party involved in the development of the Content, the Platform, the Website and/or the App, as well as the implementation of this Agreement harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses arising from or in any way related to any third party claims relating to (a) your use of our Platform (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Our Platform is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of our Platform will be uninterrupted or error-free. Accordingly, we do not make any representations or warranties about any Content contained in or accessed through our Platform, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of Content contained in our Platform, whereas, all Content is provided “as-is” and without any warranty of any kind from Nuance.
The Website and the App facilitate and provide links to external web pages, such as social media web pages and advertisements. Nuance is not responsible or liable to you for the use or the content of these external websites that link to or from the Website and/or the App and any adverse consequences thereof. We therefore emphasise and stress to you that it is very important to carefully read and assess the terms and conditions of the relevant external party before engaging with that party and before you use their product(s), and that you comply and act in accordance with the (general) terms and conditions of said party at all times.
Unless otherwise indicated, Nuance is the owner of all rights of or relating to the Website, the App, and the Platform, including copyrights and other intellectual property rights. Therefore, nothing concerning (the execution of) this Agreement shall be construed as granting you any (intellectual property) right from Nuance.
Nuance respects your intellectual property rights and the rights of third parties, for that reason (and thus) you should also do so. By entering into this Agreement you expressly declare and guarantee to Nuance that you do not infringe or will not infringe any intellectual property rights of third parties. In that regard, you will not, among other things, add Content to the Platform or add comments and content (in the broadest sense of both words) that violate or infringe intellectual property rights of third parties.
Unless the changes are required by law, Nuance will notify you (e.g. by email or via the Website and App) at least 30 days before any changes are made to any provisions of this Agreement and we will allow you to review the changes before their implementation. Once the updated terms are effective, you will be bound by the amended Agreement as you continue to use the Website, the App, the Content and/or the Platform.
If any provision in this Agreement is or becomes (partially) void, you and Nuance will remain bound by the remaining provisions of this Agreement. The invalid provisions will be deemed to have been replaced by provisions that are valid and that achieve the desired effect of the invalid provisions to the greatest extent possible, with due regard to the content and purpose of this Agreement.
If any provision of this Agreement turns out to be void, non-binding or unenforceable, the other provisions of this Agreement shall continue to be fully enforceable. If Nuance does not enforce any provision of this Agreement, Nuance does not thereby waive its rights. Any amendment or waiver to this Agreement must be in writing and signed by Nuance.
This Agreement and all non-contractual obligations arising out of or in connection with this Agreement, the Content, the Platform, the Website and/or the App are exclusively governed by the laws of the Netherlands and shall be construed in accordance with the laws of the Netherlands.
Any dispute arising out of this Agreement, including regarding the existence or validity of this Agreement and any non-contractual obligations arising out of this Agreement, the Content, the Platform, the Website and/or the App, may be submitted exclusively to the competent court of Amsterdam (Rechtbank Amsterdam), the Netherlands.