February 13, 2017
Version dated February 13th, 2017
“Force Majeure” has the meaning ascribed to it in the ‘Force Majeure’ provision below. “Platform” means the virtual or physical infrastructure either owned or licensed by us through which we make the Website and Content available. This includes (without limitation) software (in both object code and source code), hardware, algorithms, virtual machines, user interfaces, and know-how “Service” means the Platform, Website, and Content. “us”, “we”, “our”, and “ours” means Xebia Nederland B.V., a Dutch company with its registered offices in Hilversum, The Netherlands. “Website” means the URL(s) through which we make the Platform and Content available to you “you” and “your” means the natural person clicking the “I Accept” button if the Service is procured on personal title, or the legal entity represented by the natural person clicking the “I Accept” button if the Service is procured on behalf of that entity
2. The Do’s & Don’ts
2.1. Your license
Under the terms and conditions of the Agreement, we grant you the revocable, non-exclusive, non-sublicensable, non-transferrable right to use the Service for the term of the Agreement. However, you may not
- sell, rent, or otherwise commercially exploit the Service;
- modify, reverse engineer, create derivative works, or otherwise try to obtain the source code or protocols included in the Service; and/or monitor The Service’s availability, performance and/or functionality for benchmarking or competitive purposes.
2.2. How (not) to use the Service
The Service may be used for the limited purpose of testing and developing your technical skills by participating in Challenges. That means you won’t use the Service (or part thereof) to
- violate any applicable law;
- send spam or other unsolicited messages;
- commercial advertising or promotional purposes;
- send or store material that is in any way unlawful, defamatory, threatening, or obscene;
- provide any website or service aimed at or marketed to children under the age of 13;
- promote, facilitate, or engage in online gambling;
- infringe on any intellectual or industrial property right;
- send or store viruses, malware, worms, Trojan Horses, or other harmful code; and/or
- interfere or disrupt the integrity or performance of the Service (or part thereof).
Violation of any of the provisions of clause 2.1 and/or 2.2 above means that we may immediately suspend and/or terminate your use of the Service without any liability to us. We retain all rights not expressly granted to under clause 2.1 and/or 2.2 above
4. Intellectual Property
All title, ownership rights, and all intellectual property rights in and to the Challenges, Platform, Website, and Content remains the sole and exclusive property of us and our licensors. Nothing herein may be construed as a transfer of such title and/or rights. You may only use our trademarks, trade names, and logos if we give you prior written consent thereto. If your use of (part of) the Service results in work protected by any intellectual or industrial property right, you hereby grant us a perpetual, worldwide, royalty-free, and otherwise unlimited right to use and modify it for commercial and non-commercial purposes. If you provide us with feedback, recommendations, and/or other ideas, you hereby grant us a perpetual, worldwide, royalty-free, and otherwise unlimited right to use and modify it for commercial and non-commercial purposes
5. Term & Termination
The Agreement starts on the moment you click the “Sign Up” button and continues for as long as you use the Service, unless terminated earlier in accordance with the termination provisions set out herein. We may immediately terminate your use of the Service without reason by way of written notice Upon termination you will immediately cease to use the Service, and you will no longer use our intellectual and/or industrial property from that moment on. Provisions regarding intellectual property, liability, indemnity, applicable law and jurisdiction, and data retention will survive termination or expiration of the Agreement.
You agree to indemnify and hold us harmless from all claims and damages
- resulting from your breach of any applicable law;
- resulting from a breach of any of your obligations under the Agreement;
- based on the assertion that your use of the Service infringes on any third party intellectual or industrial property right; and/or
- based on the assertion that work licensed by you to us infringes on any third party intellectual or industrial property right.
You acknowledge and accept that
- the Service may contain errors and may be interrupted and/or delayed;
- you may be exposed to unlawful, defamatory, threatening, or obscene material;
- the Service may contain viruses, malware, worms, Trojan Horses, or other harmful code; and
- we do not actively monitor the material made available by you and/or other users through the Service.
THE SERVICE AND ITS INDIVIDUAL PARTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY SUCH AS (BUT NOT LIMITED TO) FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY
8. Limitation of liability
Our aggregate liability for damages relating to the Agreement, and regardless of whether the claim for such damages is based in tort, strict liability or otherwise, is limited to the lower of (i) the Service fees paid by you in the 3 months preceding the occurrence of such liability; or (ii) EUR 500. In no event are we liable for any indirect damages, consequential damages, lost revenues, lost profits, loss of business, lost savings, loss of data, and/or loss of goodwill, even if we have been advised of the possibility of those damages. The foregoing limitations of liability do not apply in case of our intentional or gross negligence.
9. Force Majeure
We are not liable for damages in case of Force Majeure. “Force Majeure” means any event beyond our reasonable control such as (but not limited to) strikes, and events caused by third party products, services, hardware and/or software.
10. Changes & Notification
We may change the Agreement (or parts thereof) from time to time. We’ll notify you of those changes via the contact details you’ve provided us with after which you’ll have 5 days to object to those changes. If you object in time, the changes you object to won’t take effect. If you don’t object (in time), the changes will take effect with expiration of the 5 day term. Notices will be deemed to be given upon receipt. Any notifications we have for you will be sent to the contact details you’ve provided us. Please remember that it’s your responsibility to keep those details up to date. If you have a notification for us, you can send it to
Xebia Nederland B.V.
Registered Address: Laapersveld 27, 1213 VB Hilversum, The Netherlands
Entire Agreement. The Agreement constitutes the entire agreement and supersedes all prior or contemporaneous oral or written agreements between you and us in respect of the Service. We are only bound to deviating terms and conditions if we’ve agreed to them in writing and signed by our duly authorized representative. Severability. If any part of the Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other parts of the Agreement. Waiver. The waiver of a breach of any provision of the Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. Assignment. You may not assign the Agreement without our prior written consent. Governing law & jurisdiction. The Agreement and the Service are governed exclusively by Dutch law, without regard to its choice of law principles. Disputes relating to the Service and/or the Agreement will be brought exclusively before the competent court of the city of Amsterdam, The Netherlands.