Terms of use

TERMS OF USE App Improve Digital TV

These terms of use ("Terms of Use") describe the terms and conditions under which the (mobile) application ("App") can be used named Improve Digital TV that Improve Digital TV provides to the Users to be able to see the content.

The App is operated and managed by Improve Digital International BV, having its business office at the address Danzigerkade 215, 1013 AP in Amsterdam. If you have any questions about the App or these Terms of Use, please contact us via amsterdamoffice@improvedigital.com.

 

1 Applicability

1.1 These Terms of Use apply to the use of the App thatImprove Digital TV has created in association with Tradecast B.V.

1.2 By using the App (which also includes downloading and installing the App) you as user of the App ("User") accept these Terms of Use and other additional conditions/modifications to guarantee the proper functioning of the App.

1.3 If the App uses services of third parties, also any terms and conditions and/or privacy and cookie policies of those third parties may apply. Improve Digital TV is not responsible for the services and the privacy and cookie policies of third parties.

1.4 If participation in (promotional) campaigns is possible via the App, additional terms may apply. In so far as those additional terms are in conflict with these Terms of Use, these Terms of Use prevail.

1.5Improve Digital TV may amend these Terms of Use from time to time. We advise to regularly check these Terms of use.

 

2 License App

2.1 To be able to use the App, the User needs to download the App at the Apple App Store, Google Play store or the website. The User is obliged to download the App and/or use in accordance with these Terms of use and the conditions of the supplier from whom the User has downloaded the App. Other terms of the supplier of the devices such as smartphone or tablet might be applicable when using the App.

2.2 Improve Digital TV gives the User a non-exclusive, non-sublicensable and non-transferrable right to use the App for personal use. The User can’t use the App for commercial purposes.

2.3 Without the prior permission from Improve Digital TV, the User is not permitted to make the App available or to sell or rent the App to third parties, or to decompile, reverse engineer or modify the App. Nor is the User permitted to (let others) remove or circumvent technical provisions intended to protect the App.

2.4 Improve Digital TV at all times has the right to adapt the App, to change or remove data or information, to deny the User the use of the App by terminating the license, to restrict the use of the App and/or to deny the User access to the App in full or in part, temporarily or permanently. Improve Digital TV will inform the User about that in the manner Improve Digital TV deems fit.

2.5 Improve Digital TV works hard to keep the App functional for the User but can’t guarantee that the App will always be available and will always work flawlessly.

 

3 Application, registration and use of the App

3.1 The User can register through the App after installing the App and by following the instructions. The requested data, such as name and e-mail address can be necessary to use the App.

3.2 The use of the app is at the user’s own risk.

3.3 If the User is under 16 years old, he needs to have the permission of his parent or his legal representative to use the App. By accepting these Terms of Use, you confirm and guarantee that you are 16 years or older, or have permission from your parents or representative.

3.4 In order to be able to make use of the App, the User will for his own account have to provide the necessary equipment, system software, and (internet) connection.

The App only works with the necessary devices and (internet) connections. To be able to use the App, the User needs take care of his devices, software and (internet) connection.

3.5 To prevent misuse and/or failures, the User needs to make sure his devices and connections are secured. E.g. against unauthorized use by thirds or viruses.

3.6 The User ensures to Improve Digital TV that the used devices and connections don’t cause damage to Improve Digital TV and/or Tradecast or third parties, or the devices can’t violate the right of Improve Digital TV and/or Tradecast or third parties.

3.7 The User will always respect and observe the good name and reputation of Improve Digital TV, and ensure that his use of the App will in no way prejudice any rights and/or the good name and reputation of Improve Digital TV.

 

4 Adding content by the User

4.1 If the User via the App can contribute information, data, images, video and/or audio clips and/or other content ("Contribution"), that Contribution must in no manner or way have any illegal or offensive (including sexist, pornographic, racist and/or discriminatory) content, or (otherwise) violate the privacy of third parties. The User guarantees that the Contribution via the App does not infringe any (intellectual property) rights of third parties, and indemnifies Improve Digital TV and holds Improve Digital TV harmless from and against any claims of third parties resulting from submitting a Contribution via the App.

4.2 By submitting a Contribution via the App, any intellectual property rights and/or similar rights regarding the Contribution ‑ in so far as those rights are vested in the User ‑ are transferred to Improve Digital TV, without Improve Digital TV owing the User any fee or compensation for that. In so far as for that transfer a further deed is required, the User will cooperate fully to that end at the first request of Improve Digital TV. In so far as the transfer of intellectual property rights and/or similar rights in respect of the Contribution of the User is not possible, the User herewith grants to Improve Digital TV an exclusive, perpetual, sublicensable and transferable license to use the Contribution. The User herewith towards Improve Digital TV waives any and all moral rights accruing to him, in so far as the applicable laws and regulations allow such waiver. By the transfer or licensing of your Contribution, Improve Digital TV is entitled to unrestricted use of the Contribution, and to (let others) commercially exploit the Contribution via any media and in any form, including via television programs and websites.

 

5 Intellectual Property Rights

5.1 All intellectual property rights and/or similar rights to the (content and design of the) Websites, including the underlying software, images, video and audio clips, are owned solely and exclusively by Improve Digital TV and/or its licensors. Without prior written consent of Improve Digital TV the User can never copy, distribute in (un)edited form, exploit or use the parts/content of the App.

5.2 If Improve Digital TV thinks that the App violates any rights of third parties, then Improve Digital TV has the right to provide equivalent content or to stop the App immediately. Every further liability, obligation to compliance and/or obligation to compensate is excluded.

 

6 Liability

6.1 Our App has been composed with the greatest care. However, Improve Digital TV cannot guarantee that the App will always be available or will always work without any interruptions, errors or defects, or that the information provided on the App is complete, correct and/or up‑to‑date. Improve Digital TV reserves the right temporarily or permanently to discontinue the App (unannounced), without the User being able to derive any rights therefrom.

6.2 Improve Digital TV is not liable for any damage or costs resulting from any use of the App by the User such as – damage resulting from non-delivery, delay, manipulation or interception of the delivery of the electronical messages and/or the functionalities of the App or the proper functioning of the App and the damage it may cause.

6.3 Improve Digital TV is not liable for (the accuracy of) any information, Contributions and other materials or communications that Users or others post or provide via the App. Improve Digital TV reserves the right (unannounced) to remove any information, Contributions or other materials or statements that have been placed on the App.

6.4 Improve Digital TV does not give any guarantees concerning the use of the App or the App’s content and Improve Digital TV can never be held liable for the damage or injury resulting from the use of the App or the content.

6.5 The exclusions of liabilities in this article and Terms of use of Improve Digital TV also apply for all assistants and third parties that have been used by Improve Digital TV.

6.6 All the exclusions of liability of this article expire if the liability for damage results from the intentions and serious faults of Improve Digital TV.

6.7 The User herewith indemnifies Improve Digital TV and holds Improve Digital TV harmless from and against any claims by third parties resulting from the use of the App, and the whether or not correct performance of legal and/or contractual obligations towards Improve Digital TV, any other users of the App or any third parties. The User will reimburse to Improve Digital TV any damages and costs suffered as a result of such claims.

 

7 Privacy en cookies

7.1 Improve Digital TV respects the applicable legislation, such as the Personal Data Protection Act when processing personal data. The way Improve Digital TV processes the personal data of the Users can be found in the Privacy and cookie policy [link].

7.2 Improve Digital TV uses the personal data of the User for the following purposes: a) to make the App work, b) to make sure the User can use all functions of the App, c) to adjust the App to the personal preferences of the User, this way the User doesn’t always need to fill his/her data, d) to make further developments to the App and to improve it, e) for statistical purposes, f) to make offers to the User, offer advantages concerning beauty if the User gave his consent, g) in case permission has been given, to send so-called push messages with offers, tips and advantages via the App.

 

8 Termination of Use of the App by the User

The User may terminate the use of the App at any time by removing or uninstalling the App from his mobile device.

 

9 Apple

9.1 In addition to these Terms of use, the conditions in this article will apply when using Apple devices and/or software.

9.2 Apple Inc. (‘Apple’) is no party in the agreement between Improve Digital TV and User and Apple isn’t responsible for the App or the content. If the applicable terms of use and conditions of Apple, available on www.apple.com, extend or conflict with these Terms of use, the terms of use of Apple have priority over these Terms of use.

9.3 The license in article 2 of these Terms of use is limited to the use of the App on devices authorised by Apple and in accordance with the conditions of Apple.

9.4 Apple isn’t obliged to offer any maintenance or support in context of the App.

9.5 Apple can never be held liable for any direct or indirect damage or costs of the User or third parties, for whatever reason, resulting from violating the intellectual property rights of third parties or violating the applicable Product Liability Act, consumer rights or any other applicable legal condition.

9.6 The User confirms that he doesn’t live in a country subject to an embargo issued by the authorities of the United States or a country that has been identified by the United States as a ‘terrorist supporting country’ by accepting these Terms of use and b) the User can’t be enlisted by the authorities of the United States on the list of ‘prohibited or restricted parties’.

9.7 Not affecting the provisions of article 6:145 BW, the User agrees that Apple is third party in accordance with the Terms of use and that Apple has the right to enforce the terms in the Terms of use in its own name as Improve Digital TV.

 

10 Google

10.1. In addition to these Terms of use, the conditions in this article will apply when using Google devices and/or software.

10.2. Google Inc. (“Google”) is no party in the agreement between Improve Digital TV and User and Google isn’t responsible for the App or the content. If the applicable terms of use and conditions of Google, available on www.google.com, extend or conflict with these Terms of use, the terms of use of Google have priority over these Terms of use.

10.3. The license in article 2 of these Terms of use is limited to the use of the App on devices authorised by Google and in accordance with the conditions of Google.

10.4. Google isn’t obliged to offer any maintenance or support in context of the App.

10.5. Google can never be held liable for any direct or indirect damage or costs of the User or third parties, for whatever reason, resulting from violating the intellectual property rights of third parties or violating the applicable Product Liability Act, consumer rights or any other applicable legal condition.

10.6 The User confirms that he doesn’t live in a country subject to an embargo issued by the authorities of the United States or a country that has been identified by the United States as a ‘terrorist supporting country’ by accepting these Terms of use and b) the User can’t be enlisted by the authorities of the United States on the list of ‘prohibited or restricted parties’.

10.7 Not affecting the provisions of article 6:145 BW, the User agrees that Google is third party in accordance with the Terms of use and that Google has the right to enforce the terms in the Terms of use in its own name as Improve Digital TV.

 

11 Applicable law /Legal jurisdiction

11.1 These Terms of use, the use of the App and every conflict that results from using the App is governed by Dutch law.

11.2 Any conflicts that might arise between the parties shall exclusively be judged by the competent judge in Amsterdam


Improve Digital TV may amend these Terms of Use from time to time. The Terms of use have been modified the 13th of May 2016.