In these conditions shall apply:
a) "Content" means any text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, software, scripts and other materials published on or through the Combat Point media, that can be uploaded or downloaded by a User, whether it is of an editorial or commercial origin. Where these Terms and Conditions "Media" State, it also means the content contained therein;
b) "Digital Issues" include (mobile) websites and (mobile) applications as well as other forms of digital publications;
c) "Use": consulting a publication, downloading and uploading of content as well as any other possible uses of a publication by a User;
d) "User" means a person who in any way makes use of the media of Combat Point, for example, by reading it, by placing User Content or otherwise;
e) "User Content" means all Content offered by a User to Combat Point, including, but not limited to, letters, photos and all Content that is made available by a User digital or uploaded for the benefit of one or more Combat Point media;
f) "Combat Point" means the sole proprietorship Combat Point registered under Dutch CC number 60085398;
g) "Issues" means all Combat Point media, in print form, digital and all other possible forms which Combat Point Content is published
Applicability and scope
These conditions apply to the use of all media of Combat Point, unless other conditions have been declared applicable. Through the use of a Publication the user declares to have taken knowledge of and to agrees to these Terms.
Intellectual property rights
All (intellectual) property rights to the media, including copyright, trademark database and trade name rights are held exclusively by Combat Point and / or its licensors. The (right to) use (of) a publication does not imply the existence of any transfer, license or other authorization of these rights to the User.
Combat Point expressly retains the copyright in the media. It is therefore - without the prior consent of Combat Point – prohibited to use, reproduce or publish the media in any way, in whole or in part. Mentioning Combat Point as a source makes no different.
For framing, wholly or partially, take over or otherwise disclose an Issue the user is obliges te ask permission to Combat Point. Contact details can be found in the publication. Clearly state that the request is a request for re-use. Whether this permission is granted and under what conditions, each case is assessed individually and the user cannot rely on previously granted permission or consent granted to third parties. To the use of Combat Point Content charges may apply, including at least € 0.36 (excluding VAT) per word sums in case of text files.
If the User infringes on the rights of Combat Point he is liable for all Combat Point consequent damages, including the cost of investigation and legal assistance.
(Re) Use of Digital Issues
It is forbidden to (attempt to) circumvent the security of (parts of) Digital Issues, disable or otherwise (attempt to) influence, impede or limit the use for a third party.
Full or partial disclosure of a Digital Issue, through any medium, is permitted only by means of a reference (hyperlink), or by using a functionality offered by Combat Point via the appropriate Digital Issue (eg embed- code). For all other forms of reproduction and / or publication of a Digital Issue prior written consent of Combat Point is required.
With respect to all User Content the following conditions apply:
- User Content must not violate any laws, infringe any third party rights (including intellectual property, privacy and image rights), or otherwise unlawful to third parties or Combat Point;
- User Content should not contain abusive or discriminatory material, contrary to public order or morality, not incite violence or committing offenses, contain pornographic material and no commercial messages;
- Combat Point reserves the right to shorten User Content, modify, refuse, delete, block or otherwise make inaccessible if it is contrary to these Conditions, if necessary, without giving reasons;
- Combat Point reserves the right to inform the investigating authorities about User Content that is contrary to public policy or otherwise violates any law;
- The user is fully responsible for (the consequences of) the use of the User Content provided to him by other Users;
- To provide User Content the User declares and warrants that he is entitled and / or has all necessary consents to such User Content, publish, reproduce and sublicense to Combat Point and other Users;
- To provide User Content the User grants:
1. Combat Point a worldwide, non time-limited, non-exclusive, royalty-free, transferable license (with the right to sublicense) for each (re-) use, reproduce, distribute, prepare derivative works of, display and perform that User Content or any part thereof, for any purpose and in any manner whatsoever in its media, as well as to save the User Content in (electronic) files;
2. every other user a worldwide, non time-limited, non-exclusive, royalty-free license to gain access through the relevant Issue to such User Content, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, within the functionality of a Digital Issue and to the extent expressly permitted by these Terms.
Regarding User Content in Digital Issues, the following additional conditions apply:
- The user must login with his account to publish User Content or submit a valid e-mail address;
- Users under 16 must have permission from their parents or legal representatives for making User Content available;
- User Content shall not contain viruses, Trojan horses, worms or other programs that may damage the Digital Edition, make it unusable or inaccessible or inflict damage otherwise to Combat Point and / or other Users;
- Combat Point has the right to watermarks User Content with the logo so it can be traced when third party User publish Content elsewhere. It is not allowed to change a watermark, move or delete it.
Combat Point is not liable for the consequences of the publication of User Content and the User shall indemnify Combat Point for all claims of third parties in this respect.
Creating an account
If a Digital issue provides the opportunity to create an account, it is subjected to the following conditions:
- The information provided when creating an account must be complete and accurate;
- Users under 16 must have permission from their parents or legal representatives to create an account. By creating an account, the User warrants that he is 16 or older or have been authorized by his parents or legal representatives;
- It is not allowed to create an account in the name of another or to adopt a false identity;
- Users are responsible for keeping his username / login and password strictly confidential;
- The User is not allowed to use his account to grant third parties access to a Digital Issue;
- The user is fully responsible for all use of his username / login and password and for all actions carried out via his account. If and when a user suspects that unlawful use of his login code, password, account and / or identity he should instantly inform Combat Point thereof. Combat Point is then entitled to take any measures it deems necessary to protect its resources and other Users and the User must cooperate fully;
- Combat Point reserves the right to refuse an account, delete or (temporarily) block access to an account.
Combat Point reserves the right to modify the contents of its resources and / or these Terms at any time. The amended Conditions shall enter into force on the date of publication.
Choice of Law
These Conditions and any resulting litigation is governed by Dutch law.
These Terms and Conditions were last modified on Januari 1, 2015.