Last Updated: February 1, 2023
1. Your UGC
- All content submitted by you (or on your behalf) to our Website or through our App via your User Account (or other social media account, if applicable), including, but not limited to, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, drawings, logos, trademarks, graphics, photographs, code and all other information and material is referred to in short as your "UGC".
- You agree to submit UGC in accordance with the following rules to the Website and through our App (in particular, the Legal Standards and the Rules of Conduct, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or through our App.
- Publication of your UGC will be at our sole discretion and we have the right to add to, or remove from, your UGC or refuse publication prior to publication or after publication.
- Please remember that any UGC you submit to our website or through our App will be considered non-confidential and no rights are reserved here.
2. Rights, consents and waivers.
- You hereby grant to Yoepie Netherlands a non-exclusive, perpetual, irrevocable, transferable royalty-free license (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter or modify your UGC) in any media or formats (now known or invented in the future) anywhere in the world without restriction.
- You warrant and represent to us that any UGC you submit is your own work or that you have obtained all necessary rights and permissions from the respective owner of the work and that you have all relevant rights to your UGC to enable you to grant the rights and permissions in this Section 2.
- Where your UGC includes images of people or names or identifies individuals, you warrant and represent to us as follows:
(a) that all listed or identified individuals are over 18 years of age and have expressly consented to appear in the UGC and with the submission of your UGC to our Website or through our App, and
(b) where listed or identified persons are under the age of 18, you either:
- are the parent or legal guardian of those listed or identified persons, or
- have obtained the express consent of a parent or guardian of such listed or identified person for their appearance in the UGC and for the submission of the UGC by you to our Website or through our App.
- You hereby unconditionally and irrevocably waive to the fullest extent permitted by law, and agree not to exercise (or procure another third party to exercise where applicable), all moral rights and other similar rights and all rights of publicity and privacy in any country of the world in connection with your UGC.
3. Content standards - legal standards
- You warrant and represent to us that your UGC (including its use, publication and/or exploitation by us) does not/will not:
- Infringes the copyright or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
- contains material that is defamatory to any person; and/or
- contains misleading or deceptive statements or omissions or misrepresentations regarding your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
- violates any legal or fiduciary duty owed to a third party, such as a contractual obligation or a duty of confidentiality; and/or
- advocates, promotes or supports discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and/or
- Contains harmful code, such as viruses, worms, Trojan horses or other potentially harmful programs, code or materials; and/or
- violates any other applicable law, statute, ordinance, rule or regulation, (collectively or individually the "Legal Standards").
- If your UGC contains material that is not owned or licensed to you and/or is subject to third party rights, it is your responsibility to obtain all transfers, consents and/or licenses necessary to permit us to use and exploit your UGC without additional compensation prior to submitting your UGC. See article 2 above for more information.
4. Content Standards - Rules of Conduct
- You warrant and represent to us that your UGC:
- is accurate where facts are stated; and/or
- is true where opinions are given (for example, in the case of reviews of products or services).
- You hereby represent and warrant to us that your UGC (including our use, publication and/or exploitation of it) is in accordance with the Guidelines Reviews and will not contain material that is:
- is obscene, hateful, inflammatory, offensive or otherwise not in accordance with generally accepted standards of taste and decency in the Netherlands; and/or
- in all likelihood will intimidate, upset, embarrass or frighten any person (including, by way of example only, so-called "trolling" or cyberbullying); and/or
- is threatening or abusive or invades another's privacy, or causes annoyance, discomfort or fear; and/or
- is sexually explicit; and/or
- advocates, promotes, supports or displays violence; and/or
- advocates, promotes, supports, or displays illegal activities or unlawful acts or omissions; and/or
- may be considered unsolicited or unauthorized advertising, promotional materials, junk mail or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertising, commercial or otherwise); and/or
- gives the impression that it emanates from Yoepie or is endorsed by or affiliated with us, if not, (together or separately the "Rules of Conduct").
5. Consequences of violations
- We will assess in our sole discretion whether or not you have complied with this UGC Policy when you submit UGC to our Website or through our App. If you have not complied, we reserve the right, in our sole discretion, to suspend your use of the Website and our App, without notice to you, and/or edit or remove your UGC (in whole or in part) or any part thereof from our Website and our App on a temporary or permanent basis.
- Notwithstanding clause 5.1 above, if you or your UGC fails to comply with this UGC Policy, and we suffer loss or damage as a result, you will be liable to us. You hereby agree to indemnify us for any such loss or damage. This means you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Rules of Conduct.
- We also reserve the right:
- To report any UGC of concern to the appropriate authorities; and
- to disclose your identity to any third party (or its professional advisor) who claims that any part of your UGC violates their intellectual property rights, or their right to privacy.
6. Changes to this UGC Policy.
- We may amend this UGC Policy from time to time, in which case an up-to-date version will be available via the Website and our App. You should check this UGC Policy regularly to ensure that you agree to any changes. You will be deemed to have accepted any changes to this UGC Policy after being notified of the changes on our Website or our App and/or if you continue to access or use the Website or our App, where you can view the updated UGC Policy.